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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3209 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3209

  To amend the Toxic Substances Control Act to ensure that risks from 
    chemicals are adequately understood and managed, and for other 
                               purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 15, 2010

Mr. Lautenberg 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 ensure that risks from 
    chemicals are adequately understood and managed, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Safe Chemicals Act of 2010''.

SEC. 2. PURPOSES.

    It is the purpose of this Act to ensure that risks from chemicals 
are adequately understood and managed.

SEC. 3. FINDINGS, POLICY, AND GOAL.

    Section 2 of the Toxic Substances Control Act (15 U.S.C. 2601) is 
amended--
            (1) by striking ``intent'' in the heading and inserting 
        ``goal''; and
            (2) by striking subsections (a) through (c) and inserting 
        the following:
    ``(a) Findings.--Congress finds that--
            ``(1) each year human beings and the environment are 
        exposed to a large number of chemical substances and mixtures;
            ``(2) the chemical industry, an important part of the 
        United States economy, provides valuable products that are used 
        in diverse manufacturing industries and other commercial, 
        institutional, and consumer applications;
            ``(3) more than 3 decades after the enactment of the Toxic 
        Substances Control Act, people and the environment in the 
        United States are still exposed to thousands of chemicals whose 
        safety has not been adequately reviewed and may harm health and 
        the environment;
            ``(4) the incidence of some diseases and disorders linked 
        to chemical substance exposures is on the rise;
            ``(5) biomonitoring of chemical substances in humans 
        reveals that people in the United States carry hundreds of 
        hazardous chemicals in their bodies;
            ``(6) the concentrations of certain chemical substances 
        that persist and accumulate are increasing in the environment 
        and in human bodies and are found across the world, including 
        in the remote Arctic in which Native Americans face increasing 
        contamination of traditional foods;
            ``(7) differences in metabolism and physiology at certain 
        stages of development can make infants and children more 
        vulnerable than adults to the effects of chemical exposure, 
        especially exposures that occur in utero, during infancy, and 
        during other critical periods of development;
            ``(8) manufacturers and processors of chemicals should 
        supply sufficient health and environmental information before 
        distributing products in commerce;
            ``(9) the Administrator must have and exercise the 
        authority to develop sufficient information to assess chemical 
        safety, and to act effectively when the Administrator obtains 
        information that indicates there are risks of harmful exposure 
        to chemical substances and mixtures;
            ``(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, and the data that is generated to 
        comply with these other regulatory programs may be useful in 
        understanding hazards and exposures of chemical substances and 
        mixtures presented in the United States; and
            ``(11) a revised policy on the safety of chemical 
        substances and mixtures will assist in renewing the 
        manufacturing sector of the United States, create new and safer 
        jobs, spur innovations in green chemistry, restore confidence 
        domestically and internationally in the safety of products of 
        the United States, and ensure that products of the United 
        States remain competitive in the global market.
    ``(b) Policy.--It is the policy of the United States--
            ``(1) to protect the health of children, workers, 
        consumers, and the public, and to protect the environment from 
        harmful exposures to chemical substances and mixtures;
            ``(2) to promote the use of safer alternatives and other 
        actions that reduce use of and exposure to hazardous chemical 
        substances and reward innovation toward safer chemicals, 
        processes, and products;
            ``(3) to require that all chemicals in commerce meet a 
        risk-based safety standard that protects vulnerable and 
        affected populations and the environment;
            ``(4) to require companies to provide sufficient health and 
        environmental information for the chemical substances which 
        they manufacture, process, or import as a condition of allowing 
        such companies to distribute such chemicals in commerce;
            ``(5) to improve the quality of information on chemical 
        safety and use;
            ``(6) to guarantee the right of the public and workers to 
        know about the hazards and uses of chemical substances that 
        they may be exposed to by maximizing public access to 
        information on chemical safety and use; and
            ``(7) to strengthen cooperation between and among the 
        Federal Government and State, municipal, tribal, and foreign 
        governments.
    ``(c) Goal.--It is the goal of the United States to address the 
harmful exposure of vulnerable or affected populations to chemical 
substances caused by the distribution of such substances in commerce 
by--
            ``(1) reviewing all chemical substances for safety and 
        identifying the highest priority chemical substances for 
        expedited review;
            ``(2) determining whether all chemical substances in 
        commerce meet the safety standard under this subchapter;
            ``(3) applying appropriate restrictions to the use of a 
        chemical substance, where warranted; and
            ``(4) encouraging the replacement of harmful chemicals and 
        processes with safer alternatives.''.

SEC. 4. DEFINITIONS.

    Section 3 of the Toxic Substances Control Act (15 U.S.C. 2602) is 
amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``subparagraph (B)'' and 
                        inserting ``subparagraphs (B) and (C)'';
                            (ii) in clause (i), by striking ``and'' 
                        after ``nature,'';
                            (iii) in clause (ii), by striking the 
                        period at the end and inserting ``, and''; and
                            (iv) by adding at the end the following new 
                        clause:
                            ``(iii) any chemical substance contained in 
                        or formed into an article.'';
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(C) Notwithstanding molecular identity, the 
                Administrator may determine, under section 5(a)(6), 
                that a variant of a chemical substance is a new 
                chemical substance.''.
            (2) in paragraph (4)--
                    (A) by striking ``or'' after ``or article;''; and
                    (B) by inserting ``; or to export or offer for 
                export the substance, mixture, or article'' after 
                ``article after its introduction into commerce'';
            (3) in paragraph (5), by inserting ``ambient and indoor'' 
        after ``includes water,'';
            (4) in paragraph (6), by inserting ``relating to a chemical 
        substance or mixture or to the specific chemical identity of 
        the chemical substance or mixture'' after ``test'';
            (5) in paragraph (8), by inserting ``The term `mixture' 
        includes any mixture contained in or formed into an article.'' 
        after ``combination were combined.'';
            (6) in paragraph (9), by striking ``which is not included 
        in the chemical substance list compiled and published under 
        section 8(b)'' and inserting ``for which the manufacturer or 
        processor of the chemical substance has not submitted a 
        declaration under section 8(a)'';
            (7) by striking paragraph (12);
            (8) by redesignating paragraphs (13) and (14) as paragraphs 
        (12) and (13), respectively; and
            (9) by adding at the end the following new paragraphs:
            ``(14) Adverse effect.--The term `adverse effect' means a 
        biochemical change, anatomic change, functional impairment, or 
        pathological lesion, or its known precursor, that--
                    ``(A) affects or alters the performance of an 
                anatomic structure of a vital system of an organism or 
                progeny of an organism;
                    ``(B) causes irreversible change in the homeostasis 
                of an organism;
                    ``(C) increases the susceptibility of an organism 
                or progeny of an organism to other chemical or 
                biological stressors or reduces the ability of an 
                organism or progeny of an organism to respond to 
                additional health or environmental challenges; or
                    ``(D) affects, alters, or harms the environment 
                such that the health of humans or other organisms is 
                directly or indirectly threatened.
            ``(15) Aggregate exposure.--The term `aggregate exposure' 
        means all exposure to--
                    ``(A) a chemical substance or mixture from the 
                manufacture, processing, distribution, use, and 
                disposal of a chemical substance that is not considered 
                to be a chemical substance under this chapter solely 
                because of the use of the substance as or in a food, 
                food additive, cosmetic, or device (as such terms are 
                defined in section 201 of the Federal Food, Drug, and 
                Cosmetic Act (21 U.S.C. 321));
                    ``(B) all other sources of the chemical substance 
                under subparagraph (A), including--
                            ``(i) contamination of food, air, water, 
                        soil, and house dust from current or prior uses 
                        or activity;
                            ``(ii) accidental releases;
                            ``(iii) permitted sources of pollution;
                            ``(iv) nonpoint sources of pollution; and
                            ``(v) documented background levels from 
                        natural and anthropogenic sources; and
                    ``(C) any mixture containing the chemical substance 
                under subparagraph (A).
            ``(16) Bioaccumulative.--The term `bioaccumulative' has the 
        meaning given to such term in the policy statement entitled 
        `Category for Persistent, Bioaccumulative, and Toxic New 
        Chemical Substances' (64 Fed. Reg. 60194, Nov. 4, 1999). The 
        Administrator may issue a rule to update the definition of such 
        term for purposes of this chapter.
            ``(17) Chemical identity.--The term `chemical identity' 
        includes the following--
                    ``(A) with respect to a chemical substance, each 
                common and trade name of the chemical substance;
                    ``(B) with respect to a chemical substance, the 
                name of the chemical substance appearing in 
                International Union of Pure and Applied Chemistry 
                nomenclature and the most current Collective Index 
                format;
                    ``(C) with respect to a chemical substance, each 
                Chemical Abstracts Service registration number of the 
                chemical substance;
                    ``(D) with respect to a chemical substance, the 
                molecular structure of the chemical substance;
                    ``(E) with respect to a mixture, the chemical 
                identities of the mixture's component chemical 
                substances; and
                    ``(F) with respect to a mixture, the proportions 
                the mixture's component chemical substances.
            ``(18) Cumulative exposure.--The term `cumulative exposure' 
        means the sum of aggregate exposure to--
                    ``(A) each of the chemical substances that are 
                known or suspected to contribute appreciably to the 
                risk of an adverse effect; and
                    ``(B) mixtures containing chemical substances 
                described under subparagraph (A).
            ``(19) End consumer.--The term `end consumer' means an 
        individual or other entity that purchases and uses or consumes 
        a chemical substance, mixture, or article.
            ``(20) Federal agency.--The term `Federal agency' means any 
        department, agency, or other instrumentality of the Federal 
        Government, any independent agency or establishment of the 
        Federal Government including any Government corporation, and 
        the Government Printing Office.
            ``(21) Persistent.--The term `persistent' has the meaning 
        given to such term in the policy statement entitled `Category 
        for Persistent, Bioaccumulative, and Toxic New Chemical 
        Substances' (64 Fed. Reg. 60194, Nov. 4, 1999). The 
        Administrator may issue a rule to update the definition of such 
        term for purposes of this chapter.
            ``(22) Person.--The term `person' means an individual, 
        trust, firm, joint stock company, corporation (including a 
        Government corporation), partnership, association, State, 
        municipality, commission, political subdivision of a State, or 
        any interstate body and shall include each Federal agency and 
        any officer, agent, or employee thereof.
            ``(23) Reasonable certainty of no harm.--The term 
        `reasonable certainty of no harm' means, in establishing 
        whether a chemical substance or mixture meets the safety 
        standard under this subchapter, that aggregate exposure and 
        cumulative exposure of the general population or of any 
        vulnerable population to the chemical substance or mixture 
        presents a negligible risk of any adverse effect on the general 
        population or a vulnerable population.
            ``(24) Special substance characteristics.--The term 
        `special substance characteristics' means, such physical, 
        chemical, or biological characteristics, other than molecular 
        identity, that the Administrator determines, by order or rule, 
        may significantly affect the risks posed by substances 
        exhibiting those characteristics. In determining the existence 
        of special substance characteristics, the Administrator may 
        consider--
                    ``(A) size or size distribution;
                    ``(B) shape and surface structure;
                    ``(C) reactivity; and
                    ``(D) any other properties that may significantly 
                affect the risks posed.
            ``(25) Toxic.--The term `toxic', with respect to a chemical 
        substance or mixture, means that the chemical substance or 
        mixture has a toxicological property--
                    ``(A) meeting the criteria for Category 1 or 
                Category 2 for any of the toxicity endpoints 
                established by the Globally Harmonized System for the 
                Classification and Labeling of Hazardous Substances;
                    ``(B) that causes an adverse effect that has been 
                demonstrated in humans or other exposed organisms; or
                    ``(C) for which the weight of evidence (such as 
                demonstration of such an adverse effect as described in 
                clause (i) in laboratory studies or data for a chemical 
                from the same chemical class that exhibits such an 
                adverse effect) demonstrates the potential for an 
                adverse effect in humans or other exposed organisms.
            ``(26) Toxicological property.--The term `toxicological 
        property' means actual or potential toxicity or other adverse 
        effects of a chemical substance or mixture, including actual or 
        potential effects of exposure to a chemical substance or 
        mixture on--
                    ``(A) mortality;
                    ``(B) morbidity, including carcinogenesis;
                    ``(C) reproduction;
                    ``(D) growth and development;
                    ``(E) the immune system;
                    ``(F) the endocrine system;
                    ``(G) the brain or nervous system;
                    ``(H) other organ systems; or
                    ``(I) any other biological functions in humans or 
                nonhuman organisms.
            ``(27) Vulnerable population.--The term `vulnerable 
        population' means a population that is subject to a 
        disproportionate exposure to, or potential for a 
        disproportionate adverse effect from exposure to, a chemical 
        substance or mixture, including--
                    ``(A) infants, children, and adolescents;
                    ``(B) pregnant women;
                    ``(C) elderly;
                    ``(D) individuals with preexisting medical 
                conditions;
                    ``(E) workers that work with chemical substance and 
                mixtures; and
                    ``(F) members of any other appropriate population 
                identified by the Administrator.''.

SEC. 5. MINIMUM DATA SET AND TESTING OF CHEMICAL SUBSTANCES AND 
              MIXTURES.

    Section 4 of the Toxic Substances Control Act (15 U.S.C. 2603) is 
amended to read as follows:

``SEC. 4. MINIMUM DATA SET AND TESTING OF CHEMICAL SUBSTANCES AND 
              MIXTURES.

    ``(a) Minimum Data Set.--
            ``(1) Minimum data set rule.--Not later than 1 year after 
        the date of enactment of the Safe Chemicals Act of 2010, the 
        Administrator shall establish, by rule, the data that 
        constitute the minimum data set for chemical substances and 
        mixtures. The rule shall require submission of a minimum data 
        set including information on substance characteristics and on 
        hazard, exposure, and use of chemical substances and mixtures 
        that the Administrator anticipates will be useful in conducting 
        safety standard determinations pursuant to section 6(b) or 
        carrying out any provision of this chapter. The rule shall also 
        establish requirements for manufacturers and processors to 
        update their minimum data set submissions, as appropriate. The 
        rule may provide for varied or tiered testing for different 
        chemical substances, mixtures or categories of chemical 
        substances and mixtures. Studies conducted to satisfy such data 
        requirements shall be conducted in accordance with section 31.
            ``(2) Submission of minimum data set.--The manufacturers 
        and processors of a chemical substance shall submit the minimum 
        data set for the chemical substance to the Administrator by--
                    ``(A) 18 months after the date on which the 
                Administrator places the chemical substance on the 
                priority list; or
                    ``(B) for a new chemical substance, the date on 
                which the notice required in section 5(b)(1) is filed.
            ``(3) Prohibition.--The Administrator may, by order, 
        prohibit a manufacturer or processor in violation of paragraph 
        (2) from manufacturing, processing, or distributing in commerce 
        the chemical substance or any mixture or article containing the 
        chemical substance, except as authorized under section 6(e).
    ``(b) Testing.--
            ``(1) In general.--The Administrator may, by rule or order, 
        require testing with respect to any chemical substance or 
        mixture, and the submission of test results by a specified 
        date, as necessary for making any determination or carrying out 
        any provision of this chapter. Nothing in this paragraph shall 
        be construed as limiting the Administrator's authority under 
        paragraph (2).
            ``(2) Sample submission.--The Administrator may, by rule or 
        order require the submission of a sample of any chemical 
        substance or mixture in such manner as enables the 
        Administrator to conduct such tests as are necessary for making 
        any determination or carrying out any provision of this 
        chapter. Nothing in this paragraph shall be construed as 
        limiting the Administrator's authority under paragraph (1).
            ``(3) Prohibition.--The Administrator may, by order, 
        prohibit a manufacturer or processor in violation of a rule or 
        order under paragraph (1) from manufacturing, processing, or 
        distributing in commerce the chemical substance or any mixture 
        or article containing the chemical substance, except as 
        authorized under section 6(e).
            ``(4) Exemption.--If a manufacturer or processor has 
        submitted a declaration of cessation of manufacture or 
        processing under section 8(a)(3) for a chemical substance, the 
        manufacturer or processor shall be exempted from the 
        requirements of this subsection.
    ``(c) Test Rules or Orders.--
            ``(1) A rule or order under subsection (b) shall include--
                    ``(A) identification of the chemical substance or 
                mixture for which testing is required under the rule or 
                order;
                    ``(B) standards for the development of test data 
                for such substance or mixture; and
                    ``(C) a specification of the period (which period 
                may not be of unreasonable duration) within which the 
                persons required to conduct the testing shall submit to 
                the Administrator data developed in accordance with the 
                standards referred to in subparagraph (B).
        In determining the standards and period to be included, 
        pursuant to subparagraphs (B) and (C), in a rule or order under 
        subsection (b), the Administrator's considerations shall 
        include the relative costs of the various test protocols and 
        methodologies which may be required under the rule or order and 
        the reasonably foreseeable availability of the facilities and 
        personnel needed to perform the testing required under the 
        rule. Any such rule or order may require the submission to the 
        Administrator of preliminary data during the period prescribed 
        under subparagraph (C).
            ``(2) Types of health and environmental information.--
                    ``(A) In general.--The types of health and 
                environmental information for which standards for the 
                development of test data may be prescribed include--
                            ``(i) information pertaining to 
                        carcinogenesis, mutagenesis, teratogenesis, 
                        behavioral disorders, cumulative or synergistic 
                        effects, and any other effect which may be 
                        considered in a safety determination;
                            ``(ii) information pertaining to exposure 
                        to the chemical substance or mixture, including 
                        information regarding the presence of the 
                        chemical or mixture in human blood, fluids, or 
                        tissue; and
                            ``(iii) information pertaining to--
                                    ``(I) bioaccumulation;
                                    ``(II) persistence;
                                    ``(III) acute toxicity;
                                    ``(IV) subacute toxicity;
                                    ``(V) chronic toxicity; and
                                    ``(VI) any other characteristic 
                                which may present an adverse effect.
                    ``(B) Methodologies.--
                            ``(i) In general.--The Administrator may 
                        prescribe methodologies in standards for the 
                        development of test data including--
                                    ``(I) epidemiologic studies;
                                    ``(II) biomonitoring studies;
                                    ``(III) serial or hierarchical 
                                tests;
                                    ``(IV) in vitro tests; and
                                    ``(V) whole animal tests, 
                                consistent with section 31.
                            ``(ii) Requirement.--Prior to prescribing 
                        epidemiologic studies of employees, the 
                        Administrator shall consult with the Director 
                        of the National Institute for Occupational 
                        Safety and Health.
                    ``(C) Review.--Periodically, but not less 
                frequently than once every 3 years, the Administrator 
                shall--
                            ``(i) review the adequacy of the standards 
                        for development of data prescribed in rules 
                        under subsection (a); and
                            ``(ii) if necessary, institute proceedings 
                        to make appropriate revisions of the standards.
            ``(3) Persons required to conduct tests and submit data.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a rule or order under subsection (b) 
                respecting a chemical substance or mixture shall 
                specify the persons required to conduct tests and 
                submit data to the Administrator on the substance or 
                mixture.
                    ``(B) Exception.--The Administrator may permit 2 or 
                more of the persons described in subparagraph (A) to 
                designate 1 of the persons or a qualified third party 
                to conduct the tests and submit the data on behalf of 
                the persons making the designation.
                    ``(C) Liability.--All persons described in 
                subparagraphs (A) and (B) shall remain liable for 
                compliance with any requirements subject to the 
                designation.
            ``(4) Expiration of rules and orders.--
                    ``(A) In general.--Any rule or order under 
                subsection (b) that requires the testing and submission 
                of data with respect to a particular chemical substance 
                or mixture shall expire at the end of the reimbursement 
                period (as defined in subsection (d)(3)) that is 
                applicable to test data with respect to the substance 
                or mixture unless, prior to that date, the 
                Administrator withdraws the rule or order.
                    ``(B) Category of chemical substances or 
                mixtures.--A rule or order under subsection (b) that 
                requires the testing and submission of data with 
                respect to a category of chemical substances or 
                mixtures shall expire with respect to a chemical 
                substance or mixture included in the category at the 
                end of the reimbursement period (as defined in 
                subsection (d)(3)) that is applicable to test data with 
                respect to the substance or mixture unless, prior to 
                that date, the Administrator withdraws the rule or 
                order with respect the substance or mixture or in its 
                entirety.
    ``(d) Exemptions.--
            ``(1) In general.--Any person required by a rule or order 
        under subsections (a) or (b) to conduct tests and submit data 
        with respect to a chemical substance or mixture may apply to 
        the Administrator (in such form and manner as the Administrator 
        shall prescribe) for an exemption from the requirement.
            ``(2) Action by administrator.--In accordance with 
        paragraph (3) or (4), the Administrator shall exempt an 
        applicant under paragraph (1) from conducting tests and 
        submitting data with respect to the substance or mixture under 
        the rule or order with respect to which the application was 
        submitted, if, on receipt of the application, the Administrator 
        determines that--
                    ``(A) the chemical substance or mixture with 
                respect to which the application was submitted is 
                equivalent to a chemical substance or mixture for 
                which--
                            ``(i) data has been submitted to the 
                        Administrator in accordance with a rule or 
                        order under subsection (a) or (b); or
                            ``(ii) data is being developed in 
                        accordance with the rule or order; and
                    ``(B) submission of data by the applicant with 
                respect to the substance or mixture would be 
                duplicative of data that--
                            ``(i) has been submitted to the 
                        Administrator in accordance with the rule or 
                        order under subsection (a) or (b); or
                            ``(ii) is being developed in accordance 
                        with the rule or order.
            ``(3) Reimbursement due to exemption for previously 
        submitted test data.--
                    ``(A) Definition of reimbursement period.--In this 
                paragraph, the term `reimbursement period', with 
                respect to any test data for a chemical substance or 
                mixture, means a period--
                            ``(i) beginning on the date on which the 
                        test data is submitted in accordance with a 
                        rule or order issued under subsection (a) or 
                        (b); and
                            ``(ii) ending on the later of--
                                    ``(I) 5 years after the date 
                                referred to in clause (i); or
                                    ``(II) at the expiration of a 
                                period that--
                                            ``(aa) begins on the date 
                                        referred to in clause (i); and
                                            ``(bb) is equal to the 
                                        period that the Administrator 
                                        determines was necessary to 
                                        develop the test data.
                    ``(B) Reimbursement.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), if the exemption under paragraph 
                        (2) of any person from the requirement to 
                        conduct tests and submit test data with respect 
                        to a chemical substance or mixture is granted 
                        on the basis of the existence of previously 
                        submitted test data and the exemption is 
                        granted during the reimbursement period for the 
                        test data, the Administrator shall order the 
                        person granted the exemption to provide fair 
                        and equitable reimbursement (in an amount 
                        determined under rules of the Administrator) 
                        to--
                                    ``(I) the person who previously 
                                submitted the test data, for a portion 
                                of the costs incurred by the person in 
                                complying with the requirement to 
                                submit the data; and
                                    ``(II) any other person who has 
                                been required under this subsection to 
                                contribute with respect to the costs, 
                                for a portion of the amount the person 
                                was required to contribute.
                            ``(ii) Exception.--Clause (i) shall not 
                        apply if there is agreement on the amount and 
                        method of reimbursement between an exempted 
                        person described in clause (i) and the persons 
                        described in subclauses (I) and (II) of that 
                        clause.
                            ``(iii) Considerations.--In promulgating 
                        rules for the determination of fair and 
                        equitable reimbursement to the persons 
                        described in subclauses (I) and (II) of clause 
                        (i) for costs incurred with respect to a 
                        chemical substance or mixture, the 
                        Administrator shall, after consultation with 
                        the Attorney General and the Federal Trade 
                        Commission, consider all relevant factors, 
                        including--
                                    ``(I) the effect on the competitive 
                                position of the person required to 
                                provide reimbursement in relation to 
                                the person to be reimbursed; and
                                    ``(II) the share of the market for 
                                the substance or mixture of the person 
                                required to provide reimbursement in 
                                relation to the share of the market of 
                                the persons to be reimbursed.
            ``(4) Reimbursement due to exemption for test data being 
        developed in accordance with a rule or order.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), if the exemption under paragraph (2) 
                of any person from the requirement to conduct tests and 
                submit test data with respect to a chemical substance 
                or mixture is granted on the basis of the fact that 
                test data is being developed by 1 or more persons in 
                accordance with a rule or order issued under subsection 
                (a) or (b), the Administrator shall order the person 
                granted the exemption to provide fair and equitable 
                reimbursement (in an amount determined under rules of 
                the Administrator)--
                            ``(i) to each such person who is developing 
                        the test data, for a portion of the costs 
                        incurred by each person in complying with the 
                        rule or order; and
                            ``(ii) to any other person who has been 
                        required under this subsection to contribute 
                        with respect to the costs of complying with the 
                        rule or order, for a portion of the amount the 
                        person was required to contribute.
                    ``(B) Exception.--Subparagraph (A) shall not apply 
                if there is agreement on the amount and method of 
                reimbursement between an exempted person described in 
                subparagraph (A) and the persons described in clauses 
                (i) and (ii) of that subparagraph.
                    ``(C) Considerations.--In promulgating rules for 
                the determination of fair and equitable reimbursement 
                to the persons described in clauses (i) and (ii) of 
                subparagraph (A) for costs incurred with respect to a 
                chemical substance or mixture, the Administrator shall, 
                after consultation with the Attorney General and the 
                Commissioners of the Federal Trade Commission, consider 
                the factors described in paragraph (3)(B)(iii).
                    ``(D) Lack of compliance.--If any exemption is 
                granted under paragraph (2) on the basis that 1 or more 
                persons are developing test data pursuant to a rule or 
                order promulgated or issued under subsection (a) or 
                (b), and after the exemption is granted, the 
                Administrator determines that no such person has 
                complied with the rule or order, the Administrator 
                shall--
                            ``(i) after providing written notice to the 
                        person who holds the exemption and an 
                        opportunity for a hearing, by order terminate 
                        the exemption; and
                            ``(ii) notify in writing the person of the 
                        requirements of the rule or order with respect 
                        to which the exemption was granted.
    ``(e) Notice.--
            ``(1) In general.--Not later than 15 days after the date of 
        receipt of any test data pursuant to a rule or order under 
        subsection (a) or (b), the Administrator shall publish in the 
        Federal Register a notice of the receipt of the test data.
            ``(2) Requirements.--Subject to section 14, each notice 
        shall--
                    ``(A) identify the chemical substance or mixture 
                with respect to which data have been received;
                    ``(B) list the commercial and consumer uses or 
                intended commercial and consumer uses of the substance 
                or mixture known to the Administrator and the 
                information required by the applicable standards for 
                the development of test data; and
                    ``(C) describe the nature of the test data 
                developed.
            ``(3) Availability.--Subject to section 14, test data 
        described in this subsection shall be made available on the 
        internet by the Administrator.
    ``(f) Requests From Other Agencies for Additional Information or 
Testing.--
            ``(1) In general.--If another Federal agency determines 
        that information relating to a chemical substance or mixture, 
        including data derived from new testing or monitoring, would 
        assist the agency in carrying out duties or exercising 
        authority of the agency, but that information is not available 
        to the agency, the agency may request the Administrator to seek 
        the information on behalf of the requesting agency.
            ``(2) Duty of administrator.--Not later than 60 days after 
        the date of receipt of a request under paragraph (1), the 
        Administrator shall--
                    ``(A) subject to section 14, make the data 
                available to the requesting agency;
                    ``(B) issue a rule or order under section 8(f) to 
                require--
                            ``(i) the submission of existing pertinent 
                        data to the Administrator; and
                            ``(ii) that a copy of any such submission 
                        also be furnished to the requesting agency;
                    ``(C) issue a rule or order under subsection (b)--
                            ``(i) to develop the data; and
                            ``(ii) to require the developed data be 
                        furnished to the requesting agency; or
                    ``(D) publish in the Federal Register the reason 
                for not taking any of the actions described in this 
                paragraph.
    ``(g) Certification.--Each submission required under this section 
or under a rule or an order promulgated or issued by the Administrator 
under this section shall be accompanied by a certification signed by a 
responsible official of the manufacturer or processor that each 
statement contained in the submission--
            ``(1) is accurate and reliable; and
            ``(2) includes all material facts known to, in the 
        possession or control of, or reasonably ascertainable by the 
        manufacturer or processor.''.

SEC. 6. MANUFACTURING AND PROCESSING NOTICES.

    Section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is 
amended to read as follows:

``SEC. 5. MANUFACTURING AND PROCESSING NOTICES.

    ``(a) New Chemical Substances and Mixtures and New Uses of Chemical 
Substances and Mixtures.--
            ``(1) New chemical substances and mixtures.--Except as 
        provided in subsection (d), no person may manufacture or 
        process a new chemical substance unless--
                    ``(A)(i) the person submits to the Administrator a 
                notice, in accordance with subsection (c), of the 
                intention of the person to manufacture or process the 
                substance; and
                    ``(ii) the person complies with subsection (b); and
                    ``(B) the Administrator--
                            ``(i) finds that the manufacturers and 
                        processors have established that the chemical 
                        substance meets the safety standard under 
                        section 6(b); or
                            ``(ii) finds that the new chemical 
                        substance, or a metabolite or degradation 
                        product of the chemical substance, as 
                        applicable, is not, and is not expected to be--
                                    ``(I) manufactured in a volume of 
                                more than 1,000,000 pounds annually or 
                                released into the environment in a 
                                volume of more than 100,000 pounds 
                                annually;
                                    ``(II) a known, probable, or 
                                suspected reproductive, developmental, 
                                neurological, or immunological 
                                toxicant, carcinogen, mutagen, or 
                                endocrine disruptor, or has other 
                                toxicological properties of concern;
                                    ``(III) persistent and 
                                bioaccumulative;
                                    ``(IV) found in human cord blood, 
                                or otherwise found in human blood, 
                                fluids, or tissue, unless the chemical 
                                substance or metabolite or degradation 
                                product is naturally present at the 
                                level commonly found in that medium; or
                                    ``(V) found in food, drinking 
                                water, ambient or indoor air, 
                                residential soil, or house dust, unless 
                                the chemical substance or metabolite or 
                                degradation product is naturally 
                                present at the level commonly found in 
                                that medium.
            ``(2) New uses of existing chemical substances prior to 
        safety determination.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), with respect to an existing chemical 
                substance which the Administrator has not made a safety 
                determination under section 6, no person may 
                manufacture or process the chemical substance--
                            ``(i) for a use that was not ongoing on the 
                        date of enactment of the Safe Chemicals Act of 
                        2010;
                            ``(ii) at a significantly increased volume 
                        above the level on the date of enactment; or
                            ``(iii) if the person had not previously 
                        manufactured or processed the chemical 
                        substance on the date of enactment of the Safe 
                        Chemicals Act of 2010.
                    ``(B) Header needed.--The person--
                            ``(i) submits to the Administrator a new or 
                        updated declaration referred to in section 
                        8(a); and
                            ``(ii) complies with subsection (b).
            ``(3) New uses of existing chemical substances that meet 
        the safety standard.--
                    ``(A) In general.--With respect to an existing 
                chemical substance for which the Administrator has 
                determined under section 6(b) that the manufacturers 
                and processors of the chemical substance have 
                established that the substance meets the safety 
                standard, no person may manufacture or process the 
                chemical substance for a use, at a production volume, 
                or in a manner other than those the Administrator 
                specified in the safety determination, unless--
                            ``(i) the manufacturer or processor submits 
                        to the Administrator--
                                    ``(I) a notice of the intention of 
                                the manufacturer or processor to 
                                manufacture or process the substance 
                                for the new use or at the new 
                                production volume, or in such other 
                                manner that is inconsistent with a 
                                specified condition or term for such 
                                substance; and
                                    ``(II) all updates to the minimum 
                                data set relevant to the new use, new 
                                production volume, or other new manner 
                                of manufacturing or processing;
                            ``(ii) the notice under clause (i)(I) 
                        indicates that the chemical substance will 
                        continue to meet the safety standard if the 
                        allowed uses, allowed production volume, or 
                        other specified conditions or terms for such 
                        chemical substance are revised to encompass the 
                        new use or new production volume, or other new 
                        manner of manufacturing or processing; and
                            ``(iii) the Administrator determines that 
                        the manufacturer or processor submitting the 
                        notice has established that the chemical 
                        substance will continue to meet the safety 
                        standard if the allowed uses or allowed 
                        production volume, or other specified 
                        conditions or terms for such substance, are 
                        revised to encompass the new use or new 
                        production volume or other new manner of 
                        manufacturing or processing.
                    ``(B) Amendment to safety determination.--If the 
                conditions described in clause (i) through (iii) of 
                subparagraph (A) are satisfied, the Administrator 
                shall, by order, amend the safety determination for the 
                chemical substance to include the new use or new 
                production volume among the allowed uses or production 
                volumes of the chemical substance.
            ``(4) Safety standard determination.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), not later than 180 days 
                after the date of receipt of a notice and supporting 
                data that satisfies paragraph (1)(A) or paragraph 
                (3)(A), the Administrator shall determine whether the 
                person submitting the notice has established that the 
                chemical substance will meet, or continue to meet, the 
                safety standard under section 6(b).
                    ``(B) Exception.--In the case of a notice under 
                paragraph (1)(A), the Administrator shall not be 
                subject to the deadline described in subparagraph (A) 
                if the Administrator first makes the finding specified 
                under paragraph (1)(B)(ii).
                    ``(C) Extension.--The Administrator may extend the 
                determination deadline under subparagraph (A) by 1 or 
                more additional periods not to exceed 12 months in 
                aggregate, by action in accordance with section 5(b) or 
                section 6(b)(2)(A)(i)(I)(bb), or other means, as 
                necessary to secure additional relevant data for the 
                determination.
                    ``(D) Failure to make a timely determination.--The 
                failure of the Administrator to make a timely 
                determination in accordance with this paragraph shall 
                not be sufficient to satisfy paragraph (1)(B)(ii) or 
                paragraph (3)(A)(iii).
            ``(5) Notice of commencement.--Not later than 30 days after 
        the date on which a manufacturer or processor commences 
        manufacturing or processing of a new chemical substance, the 
        manufacturer or processor shall submit to the Administrator a 
        notice of commencement of manufacture or processing.
            ``(6) Chemical substances exhibiting special substance 
        characteristics.--
                    ``(A) Determination.--The Administrator shall 
                determine by order or rule that a variant of a chemical 
                substance exhibiting one or more special substance 
                characteristics--
                            ``(i) is a use that is separate from any 
                        use of the chemical substance that does not 
                        exhibit such special substance characteristics; 
                        or
                            ``(ii) is a new chemical substance.
                    ``(B) Requirements for variants that are separate 
                uses.--In the case of a chemical substance which the 
                Administrator determines to be a separate use based on 
                its special substance characteristics, the manufacturer 
                or processor shall satisfy such further conditions as 
                the Administrator establishes, by order or rule.
    ``(b) Submission of Data.--
            ``(1) In general.--If a person is required by subsection 
        (a) to submit to the Administrator a notice before beginning 
        the manufacture or processing of a chemical substance, and is 
        required by a rule or order under section 4(b) to submit test 
        data for the chemical substance before the submission of the 
        notice, the person shall submit to the Administrator the data 
        in accordance with the rule or order at the time the notice is 
        submitted under subsection (b).
            ``(2) Availability.--Subject to section 14, test data 
        submitted under paragraph (1) shall be made available on the 
        internet by the Administrator.
    ``(c) Content and Availability of Notice.--
            ``(1) Content of notice.--The notice required by subsection 
        (b)(1) shall include--
                    ``(A) the declaration described in section 8(a)(2);
                    ``(B) the minimum data set, as defined in 
                accordance with section 4(a); and
                    ``(C) a statement that the chemical substance will 
                meet the safety standard.
            ``(2) Availability.--Subject to section 14, a notice 
        described in paragraph (1) shall be made available on the 
        internet by the Administrator.
            ``(3) Public information.--Subject to section 14, not later 
        than 5 days (excluding Saturdays, Sundays, and legal holidays) 
        after the date of the receipt of a notice under subsection (a) 
        or of data under subsection (b), the Administrator shall make 
        available on the internet information that--
                    ``(A) identifies the chemical substance for which 
                notice or data has been received;
                    ``(B) lists the uses or intended uses of the 
                chemical substance;
                    ``(C) in the case of the receipt of data under 
                subsection (b), describes--
                            ``(i) the nature of the tests performed 
                        with respect to the chemical substance; and
                            ``(ii) any data that were received under 
                        subsection (b) or a rule or order under section 
                        4; and
                    ``(D) references the availability of the minimum 
                data set.
            ``(4) List of notices.--At the beginning of each month, the 
        Administrator shall make available on the internet a list of 
        each chemical substance for which notice has been received 
        under subsection (a).
    ``(d) Exemptions.--
            ``(1) Test marketing purposes.--The Administrator may, upon 
        application, exempt any person from any requirement of 
        subsection (a) or (b) to permit the person to manufacture or 
        process a chemical substance for test marketing purposes--
                    ``(A) upon a showing by the person satisfactory to 
                the Administrator that the manufacture, processing, 
                distribution in commerce, use, and disposal of the 
                chemical substance, and that any combination of those 
                activities, will not endanger the health or the 
                environment; and
                    ``(B) under such restrictions as the Administrator 
                considers appropriate.
            ``(2) Equivalent chemical substances.--
                    ``(A) In general.--The Administrator shall, upon 
                application, fully or partially exempt any person from 
                the requirement to submit any data otherwise required 
                with respect to a chemical substance for which notice 
                is submitted under subsection (a) if, on receipt of an 
                application, the Administrator determines that--
                            ``(i) the chemical substance with respect 
                        to which the application was submitted is 
                        equivalent to a chemical substance for which 
                        data has been submitted to the Administrator as 
                        required by this chapter; and
                            ``(ii) submission of data by the applicant 
                        on the chemical substance would be duplicative 
                        of data which has been submitted to the 
                        Administrator in accordance with this chapter.
                            ``(iii) Effective date.--No exemption 
                        granted under this subparagraph with respect to 
                        the submission of data for a chemical substance 
                        may take effect before the beginning of the 
                        reimbursement period applicable to the data.
                    ``(B) Fair and equitable reimbursement.--
                            ``(i) Definition of reimbursement period.--
                        In this subparagraph, the term `reimbursement 
                        period', with respect to any previously 
                        submitted data for a chemical substance, means 
                        a period--
                                    ``(I) beginning on the date of the 
                                termination of the prohibition, imposed 
                                under this section, on the manufacture 
                                or processing of the chemical substance 
                                by the person who submitted the data to 
                                the Administrator; and
                                    ``(II) ending on the later of--
                                            ``(aa) the date that is 5 
                                        years after the date referred 
                                        to in subclause (I); or
                                            ``(bb) at the expiration of 
                                        a period beginning on the date 
                                        referred to in subclause (I) 
                                        that is equal in length to the 
                                        period that the Administrator 
                                        determines to be necessary to 
                                        develop the data.
                            ``(ii) Reimbursement.--Except as provided 
                        in clause (iii), if the Administrator exempts 
                        any person, under subparagraph (A), from 
                        submitting data required under subsection (a) 
                        or (b) for a chemical substance because of the 
                        existence of previously submitted data and the 
                        exemption is granted during the reimbursement 
                        period for that data, the Administrator shall 
                        order the person granted the exemption to 
                        provide fair and equitable reimbursement (in an 
                        amount determined under rules of the 
                        Administrator)--
                                    ``(I) to the person who previously 
                                submitted the data on which the 
                                exemption was based, for a portion of 
                                the costs incurred by the person in 
                                complying with the requirement under 
                                this subchapter to submit the data; and
                                    ``(II) to any other person who has 
                                been required under this subparagraph 
                                to contribute with respect to the 
                                costs, for a portion of the amount the 
                                person was required to contribute.
                            ``(iii) Exception.--Clause (ii) shall not 
                        apply if the person exempted under that clause 
                        and the persons described in subclauses (I) and 
                        (II) of that clause agree on the amount and 
                        method of reimbursement.
                            ``(iv) Considerations.--In promulgating 
                        rules for the determination of fair and 
                        equitable reimbursement to the persons 
                        described in subclauses (I) and (II) of clause 
                        (ii) for costs incurred with respect to a 
                        chemical substance, the Administrator shall, 
                        after consultation with the Attorney General 
                        and the Commissioners of the Federal Trade 
                        Commission, consider all relevant factors, 
                        including--
                                    ``(I) the effect on the competitive 
                                position of the person required to 
                                provide reimbursement in relation to 
                                the persons to be reimbursed; and
                                    ``(II) the share of the market for 
                                the chemical substance of the person 
                                required to provide reimbursement in 
                                relation to the share of the market of 
                                the persons to be reimbursed.
            ``(3) Small quantities.--
                    ``(A) In general.--If the conditions described in 
                subparagraph (B) are met, subsections (a) and (b) shall 
                not apply with respect to the manufacturing or 
                processing of any chemical substance that is 
                manufactured or processed, or proposed to be 
                manufactured or processed, only in small quantities (as 
                defined by the Administrator by rule) solely for 
                purposes of--
                            ``(i) scientific experimentation or 
                        analysis; or
                            ``(ii) chemical research on, or analysis of 
                        such substance or another substance, including 
                        such research or analysis for the development 
                        of a product.
                    ``(B) Conditions.--The conditions referred to in 
                subparagraph (A) are that all persons engaged in the 
                experimentation, research, or analysis for a 
                manufacturer or processor are notified (in such form 
                and manner as the Administrator may prescribe) of any 
                risk to health which the manufacturer, processor, or 
                the Administrator has reason to believe may be 
                associated with such chemical substance.
            ``(4) Temporary existence.--The Administrator may, upon 
        application, exempt from subsections (a) and (b) the 
        manufacturing or processing of any chemical substance--
                    ``(A) that exists temporarily as a result of a 
                chemical reaction in the manufacturing or processing of 
                a mixture or another chemical substance; and
                    ``(B) to which there is no, and will not be, human 
                or environmental exposure.
            ``(5) Publication.--
                    ``(A) In general.--As soon as practicable after 
                receipt of an application under paragraph (1) or (4), 
                the Administrator shall publish in the Federal Register 
                notice of the receipt of the application.
                    ``(B) Requirements.--The Administrator shall--
                            ``(i) give interested persons an 
                        opportunity to comment upon any application 
                        described in subparagraph (A);
                            ``(ii) not later than 45 days after the 
                        date of receipt of an application, approve or 
                        deny the application; and
                            ``(iii) publish in the Federal Register 
                        notice of the approval or denial of the 
                        application.
    ``(e) Certification.--Each submission required under this section 
or under a rule or an order promulgated or issued by the Administrator 
under this section shall be accompanied by a certification signed by a 
responsible official of the manufacturer or processor that each 
statement contained in the submission--
            ``(1) is accurate and reliable; and
            ``(2) includes all material facts known to, in the 
        possession or control of, or reasonably ascertainable by the 
        manufacturer or processor.
    ``(f) Definitions.--In this section:
            ``(1) Manufacture and process.--The terms `manufacture' and 
        `process' mean manufacture or process, respectively, for 
        commercial purposes.
            ``(2) Test marketing.--The term `test marketing' does not 
        include any provision of a chemical substance or mixture, or an 
        article containing a chemical substance or mixture, to an end 
        consumer of the chemical substance, mixture, or article.''.

SEC. 7. PRIORITIZATION, SAFETY STANDARD DETERMINATION, AND RISK 
              MANAGEMENT.

    Section 6 of the Toxic Substances Control Act (15 U.S.C. 2605) is 
amended to read as follows:

``SEC. 6. PRIORITIZATION, SAFETY STANDARD DETERMINATION, AND RISK 
              MANAGEMENT.

    ``(a) Prioritization of Chemical Substances.--
            ``(1) Establishment of priority list.--Not later than 18 
        months after the date of enactment of the Safe Chemicals Act of 
        2010, the Administrator shall by order develop and publish a 
        priority list containing the names of not less than 300 
        chemical substances for which safety determinations under this 
        section shall first be made. Chemical substances shall be 
        selected to be on the list at the Administrator's discretion, 
        based on available scientific evidence, and consideration of 
        their risk relative to other chemical substances, based upon 
        presence in biological and environmental media, use, production 
        volume, toxicity, persistence, bioaccumulation, or other 
        properties indicating risk.
            ``(2) Updating of list.--The Administrator shall--
                    ``(A) remove a chemical substance or mixture from 
                the list under paragraph (1) only after a safety 
                standard determination has been made for such chemical 
                substance or mixture pursuant to subsection (b);
                    ``(B) add chemical substances or mixtures to the 
                list periodically so that the number of chemical 
                substances on the list will not be fewer than 300 at 
                any given time, until such time as all chemical 
                substances and mixtures distributed in commerce have 
                had a safety standard determination. Additions to the 
                list shall be consistent with paragraph (1) and based 
                on consideration generally of risk relative to listed 
                chemical substances and mixtures to the extent 
                practicable. Such additions to the list may be made in 
                response to petitions under section 21; and
                    ``(C) give due consideration to any recommendation 
                provided by the committee established under paragraph 
                (3).
            ``(3) Interagency prioritization and testing committee.--
                    ``(A) Establishment.--There is established an 
                interagency committee (referred to in this section as 
                the `committee') to make recommendations to the 
                Administrator concerning--
                            ``(i) the issuance of test rules or orders 
                        for chemical substances and mixtures under 
                        section 4(b); and
                            ``(ii) the placement of chemical substances 
                        on the priority list under this subsection.
                    ``(B) Recommendations.--
                            ``(i) Factors.--In making a recommendation 
                        concerning--
                                    ``(I) the issuance of test rules or 
                                orders under section 4(b), the 
                                committee shall consider all factors 
                                relevant to risk; and
                                    ``(II) placement on the priority 
                                list under subsection (a), the 
                                committee shall consider the criteria 
                                identified pursuant to subsection 
                                (a)(1).
                            ``(ii) Form.--The recommendations of the 
                        committee shall be in the form of 1 or more 
                        lists of chemical substances and mixtures that 
                        shall specify, either by individual substance 
                        or mixture or by groups of substances or 
                        mixtures--
                                    ``(I) the recommendations of the 
                                committee that particular chemical 
                                substances, mixtures, or categories of 
                                chemical substances or mixtures be the 
                                subject of a test rule or order under 
                                section 4(b); or
                                    ``(II) the recommendations of the 
                                committee that particular chemical 
                                substances, or groups of chemical 
                                substances, be placed on the priority 
                                list.
                            ``(iii) Additions or revisions.--
                                    ``(I) In general.--At least once 
                                every year, the committee shall--
                                            ``(aa) make such additions 
                                        or revisions to the 
                                        recommendations of the 
                                        commission as the commission 
                                        determines to be necessary; and
                                            ``(bb) submit to the 
                                        Administrator the 
                                        recommendations and a statement 
                                        of the reasons of the committee 
                                        for any additions or revisions.
                                    ``(II) Publication.--On receipt of 
                                any new or revised recommendations, the 
                                Administrator shall publish in the 
                                Federal Register the recommendations 
                                and the statement of the reasons for 
                                the additions or revisions.
                                    ``(III) Comments.--The 
                                Administrator shall--
                                            ``(aa) provide reasonable 
                                        opportunity to any interested 
                                        person to file with the 
                                        Administrator written comments 
                                        on the recommendations of the 
                                        committee, and any additions or 
                                        revisions to the 
                                        recommendations by the 
                                        committee;
                                            ``(bb) consideration such 
                                        comments; and
                                            ``(cc) make the comments 
                                        available to the public.
                    ``(C) Composition.--The committee shall consist of 
                the following 8 members:
                            ``(i) One member appointed by the 
                        Administrator from officers or employees of the 
                        Environmental Protection Agency.
                            ``(ii) One member appointed by the 
                        Secretary of Labor from officers or employees 
                        of the Department of Labor engaged in the 
                        activities of the Secretary of Labor under the 
                        Occupational Safety and Health Act of 1970 (29 
                        U.S.C. 651 et seq.).
                            ``(iii) One member appointed by the 
                        Chairman of the Council on Environmental 
                        Quality from the Council or the officers or 
                        employees of the Council.
                            ``(iv) One member appointed by the Director 
                        of the National Institute for Occupational 
                        Safety and Health from officers or employees of 
                        the Institute.
                            ``(v) One member appointed by the Director 
                        of the National Institute of Environmental 
                        Health Sciences from officers or employees of 
                        the Institute.
                            ``(vi) One member appointed by the Director 
                        of the National Cancer Institute from officers 
                        or employees of the Institute.
                            ``(vii) One member appointed by the 
                        Director of the National Science Foundation 
                        from officers or employees of the Foundation.
                            ``(viii) One member appointed by the 
                        Secretary of Commerce from officers or 
                        employees of the Department of Commerce.
                    ``(D) Appointment of members.--
                            ``(i) Designees.--
                                    ``(I) In general.--An appointed 
                                member may designate an individual to 
                                serve on the committee on behalf of the 
                                member.
                                    ``(II) Prerequisites.--A 
                                designation may be made only--
                                            ``(aa) with the approval of 
                                        the applicable appointing 
                                        authority; and
                                            ``(bb) if the individual is 
                                        from the entity from which the 
                                        member was appointed.
                            ``(ii) Terms.--
                                    ``(I) In general.--No individual 
                                may serve as a member of the committee 
                                for more than 4 years in the aggregate.
                                    ``(II) Members leaving appointing 
                                entities.--If any member of the 
                                committee leaves the entity from which 
                                the member was appointed--
                                            ``(aa) the member may not 
                                        continue as a member of the 
                                        committee; and
                                            ``(bb) the position of the 
                                        member shall be considered to 
                                        be vacant.
                                    ``(III) Vacancies.--A vacancy on 
                                the committee shall be filled in the 
                                same manner in which the original 
                                appointment was made.
                    ``(E) Conflicts of interest.--
                            ``(i) Post-termination employment or 
                        compensation.--No member of the committee, or 
                        designee of the member, shall accept employment 
                        or compensation from any person subject to any 
                        requirement of this chapter or of any rule 
                        promulgated or order issued under this chapter, 
                        for a period of at least 1 year after the date 
                        of termination of service on the committee.
                            ``(ii) Financial interests.--No person, 
                        while serving as a member of the committee or 
                        designee of the member, may own any stocks or 
                        bonds, or have any pecuniary interest, of 
                        substantial value in any person engaged in the 
                        manufacture, processing, or distribution in 
                        commerce of any chemical substance or mixture 
                        subject to this chapter or of any rule 
                        promulgated or order issued under this chapter.
                            ``(iii) Violations.--The Administrator, 
                        acting through attorneys of the Environmental 
                        Protection Agency, or the Attorney General may 
                        bring an action in the appropriate district 
                        court of the United States to restrain any 
                        violation of this subparagraph.
                    ``(F) Administrative support.--The Administrator 
                shall provide the committee such administrative support 
                services as may be necessary to enable the committee to 
                carry out the functions of the committee under this 
                subsection.
            ``(4) No judicial review; nondiscretionary duty.--
                    ``(A) No judicial review.--The following actions 
                shall not be subject to judicial review, including when 
                a prioritization decision or recommendation coincides 
                with or is based on other decisions under this chapter 
                that are subject to judicial review:
                            ``(i) A decision whether to place a 
                        particular chemical substance on the priority 
                        list pursuant to this subsection;
                            ``(ii) A response to a petition to place a 
                        particular chemical on the priority list; and
                            ``(iii) The issuance of a recommendation 
                        pursuant to paragraph (3).
                    ``(B) Nondiscretionary duty.--The failure of the 
                Administrator to establish the priority list required 
                in subparagraph (1), or to update the list as required 
                by paragraph (2), shall be--
                            ``(i) considered to be a failure to perform 
                        a nondiscretionary duty; and
                            ``(ii) subject to judicial review.
    ``(b) Safety Determinations for Chemical Substances.--
            ``(1) In general.--
                    ``(A) Application.--This paragraph applies to the 
                determination, or redetermination, of whether a 
                chemical substance meets the safety standards of this 
                subchapter.
                    ``(B) Burden of proof.--Under this subchapter, it 
                shall be the duty of--
                            ``(i) the manufacturers and processors of a 
                        chemical substance to, at all times, bear the 
                        burden of proving that the chemical substance 
                        meets the applicable safety standard; and
                            ``(ii) the Administrator to determine 
                        whether the manufacturers and processors of a 
                        chemical substance have met the burden of proof 
                        under clause (i).
                    ``(C) Assessment of risk.--
                            ``(i) In general.--Any determination that a 
                        manufacturer or processor of a chemical 
                        substance has met the burden of proof pursuant 
                        to subparagraph (B)(i) shall be supported by an 
                        assessment of risk conducted by an employee or 
                        contractor of the Environmental Protection 
                        Agency.
                            ``(ii) Financial interests.--No participant 
                        or peer reviewer in an assessment described in 
                        clause (i) shall have a direct or indirect 
                        financial interest in the outcome of the 
                        assessment.
                            ``(iii) Methodology.--The Administrator 
                        shall use the best available science when 
                        conducting an assessment described in clause 
                        (i). For the purpose of determining the current 
                        best available science the Administrator shall 
                        consider the most recent recommendations of the 
                        National Academy of Sciences on ways to better 
                        protect people, including pregnant women, 
                        infants, children and other vulnerable 
                        populations from harm by exposure to toxic 
                        substances when assessing such potential risks.
                            ``(iv) Scope.--An assessment described in 
                        clause (i) shall address health or 
                        environmental impacts including potential or 
                        demonstrated cancer and noncancer endpoints.
                            ``(v) Transparency.--In carrying out this 
                        subsection, the Administrator shall ensure that 
                        the approaches and resulting assessments are 
                        communicated in a manner that is transparent 
                        and understandable to the public and to risk 
                        managers.
                            ``(vi) Manufacture or processing for 
                        export.--In the case of a chemical substance 
                        that is manufactured or processed in whole or 
                        in part for export, in determining whether the 
                        manufacturer or processor has met the burden of 
                        proof pursuant to subparagraph (B)(i), the 
                        Administrator shall take into account such 
                        risks as the chemical substance may pose in the 
                        United States, including risks involving long-
                        range transport of the chemical substance in 
                        the environment and risks involving the import 
                        of articles and mixtures containing the 
                        chemical substance.
                            ``(vii) Risk assessment not required.--The 
                        Administrator shall not be required to conduct 
                        a risk assessment to determine that a 
                        manufacturer or processor has not met the 
                        burden of proof under subparagraph (B)(i).
                    ``(D) No judicial review.--A determination by the 
                Administrator that a manufacturer or processor has not 
                established that the chemical substance meets the 
                safety standard under this subsection shall not be 
                subject to judicial review.
            ``(2) Duties.--
                    ``(A) Manufacturer and processor duties.--
                            ``(i) Initial safety determination 
                        submission.--
                                    ``(I) In general.--By the earlier 
                                of the date that is 30 months after the 
                                date on which a chemical substance is 
                                placed on the priority list or the date 
                                that is 14 years after the date of 
                                enactment of the Safe Chemicals Act of 
                                2010, the manufacturers and processors 
                                of a chemical substance shall--
                                            ``(aa) submit to the 
                                        Administrator the minimum 
                                        dataset for the chemical 
                                        substance, as established under 
                                        section 4(a), or update the 
                                        dataset if the dataset was 
                                        submitted during the preceding 
                                        30-month period in response to 
                                        the placement of the chemical 
                                        substance on the priority list;
                                            ``(bb) submit to the 
                                        Administrator, and develop by 
                                        testing as necessary, all other 
                                        information the Administrator 
                                        may require, including 
                                        information developed through 
                                        testing or otherwise, in order 
                                        to make a safety determination; 
                                        and
                                            ``(cc) indicate whether the 
                                        chemical substance, including 
                                        specified uses to be evaluated 
                                        and any proposed conditions on 
                                        the specified uses meets the 
                                        safety standard.
                                    ``(II) Submitting manufacturers and 
                                processors.--The Administrator may 
                                permit the manufacturers and processors 
                                of a chemical substance to designate 1 
                                or more manufacturers or processors to 
                                submit the information required under 
                                subclause (I) on behalf of the 
                                manufacturers and processors making the 
                                designation.
                                    ``(III) Liability.--All 
                                manufacturers and processors described 
                                in subclause (II) shall remain liable 
                                for compliance with any requirements 
                                subject to the designation.
                            ``(ii) Renewal of safety determination 
                        submission.--
                                    ``(I) In general.--Not later than 
                                15 years after the date of the previous 
                                submission under clause (i), this 
                                clause, or section 5(c)(1), the 
                                manufacturers and processors of each 
                                chemical substance shall--
                                            ``(aa) submit to the 
                                        Administrator the minimum 
                                        dataset for the chemical 
                                        substance, as established under 
                                        section 4(a); and
                                            ``(bb) indicate whether the 
                                        chemical substance, including 
                                        specified uses to be evaluated 
                                        and any proposed conditions on 
                                        the specified use meets the 
                                        safety standard.
                                    ``(II) Submitting manufacturers and 
                                processors.--The Administrator may 
                                permit the manufacturers and processors 
                                of a chemical substance to designate 1 
                                or more manufacturers or processors to 
                                submit the information required under 
                                subclause (I) on behalf of the 
                                manufacturers and processors making the 
                                designation.
                                    ``(III) Liability.--All 
                                manufacturers and processors described 
                                in subclause (II) shall remain liable 
                                for compliance with any requirements 
                                subject to the designation.
                            ``(iii) Notice of pending determination.--
                        If the Administrator fails to act by an 
                        applicable deadline under subparagraph (B)(i), 
                        each manufacturer and processor of a chemical 
                        substance for which the Administrator has 
                        failed to act shall provide to the 
                        Administrator, the public, their employees and 
                        recognized bargaining agents of any employees 
                        who are represented by bargaining agents, and 
                        each known customer who has purchased the 
                        chemical substance within a reasonable 
                        timeframe as determined by the Administrator by 
                        rule or order, or mixture or article containing 
                        the chemical substance, a written notice that a 
                        determination by the Administrator of the 
                        safety of the chemical substance is pending.
                            ``(iv) Failure of manufacturer or processor 
                        to meet duties.--If a manufacturer or processor 
                        fails to meet duties under this subparagraph 
                        for a chemical substance, the Administrator 
                        may, by order, prohibit a manufacturer or 
                        processor, in violation of a duty under this 
                        subparagraph, from manufacturing, processing, 
                        or distributing in commerce the chemical 
                        substance, or any mixture or article containing 
                        the chemical substance, except as authorized 
                        under subsection (e).
                    ``(B) Administrator duties.--
                            ``(i) Safety determination.--Not later than 
                        180 days after the earlier of the date of 
                        receipt of a complete submission or the 
                        applicable submission deadline under clause (i) 
                        or (ii) of subparagraph (A), or after 
                        initiating a redetermination under clause (iii) 
                        of this subparagraph, with respect to a 
                        chemical substance, the Administrator shall by 
                        order determine, or redetermine, as the case 
                        may be, whether the manufacturers and 
                        processors of the substance have established 
                        that the substance meets the safety standard.
                            ``(ii) Uses and conditions.--If the 
                        Administrator determines that the substance 
                        meets the safety standard, the Administrator 
                        shall in the order specify--
                                    ``(I) the allowed uses of the 
                                substance, which shall be limited to 
                                the uses evaluated in the 
                                determination; and
                                    ``(II) any conditions on the 
                                specified uses to ensure the safety 
                                standard is met, including conditions 
                                that relate to the manufacture, 
                                processing, use, distribution in 
                                commerce, or disposal of a chemical 
                                substance, or mixture or article 
                                containing such chemical substance, and 
                                any conditions described in subsection 
                                (c).
                            ``(iii) Redetermination.--The Administrator 
                        shall initiate a redetermination of whether the 
                        manufacturers and processors of a chemical 
                        substance distributed in commerce have 
                        established that the chemical substance meets 
                        the safety standard--
                                    ``(I) if new information raises a 
                                credible question as to whether the 
                                chemical substance continues to meet 
                                the safety standard;
                                    ``(II) on the receipt of a renewal 
                                submission under subparagraph (A)(ii); 
                                or
                                    ``(III) after the 15-year period 
                                beginning on the date of the previous 
                                applicable determination of the 
                                Administrator under this subparagraph, 
                                if a redetermination has not already 
                                been initiated subsequent to the 
                                determination.
                            ``(iv) Petition for redetermination.--
                                    ``(I) In general.--Any person may 
                                petition the Administrator for a 
                                redetermination of whether a chemical 
                                substance continues to meet the 
                                applicable safety standard.
                                    ``(II) Basis.--The person shall 
                                include in the petition a description 
                                of the basis for requesting the 
                                redetermination.
                                    ``(III) Action by administrator.--
                                On receipt of the petition, the 
                                Administrator shall--
                                            ``(aa) not later than 30 
                                        days after the date of receipt, 
                                        publish in the Federal Register 
                                        a notice of receipt of the 
                                        petition that specifies the 
                                        chemical identity of the 
                                        chemical substance to which the 
                                        petition pertains;
                                            ``(bb) make the petition 
                                        available on request;
                                            ``(cc) provide a reasonable 
                                        opportunity for public review 
                                        and comment on the petition and 
                                        give due consideration to any 
                                        comments received;
                                            ``(dd) decide whether to 
                                        make the requested 
                                        redetermination; and
                                            ``(ee) not later than 180 
                                        days after the date of receipt, 
                                        publish in the Federal Register 
                                        the decision and the basis for 
                                        the decision.
            ``(3) Risk reduction.--
                    ``(A) In general.--Except as provided under 
                subsection (e), the risk reduction measures described 
                in this paragraph shall apply to a chemical substance 
                in accordance with this paragraph.
                    ``(B) Negative safety determination.--No person 
                shall manufacture, process, or distribute in commerce a 
                chemical substance, or any mixture or article 
                containing a chemical substance, for--
                            ``(i) any new chemical substance for which 
                        notice is required under section 5(a), 
                        effective immediately after the Administrator 
                        makes a safety determination for a chemical 
                        substance under paragraph (2)(B)(i) and does 
                        not determine that the manufacturer or 
                        processor has established that the chemical 
                        substance meets the applicable safety standard; 
                        or
                            ``(ii) any other chemical substance, 
                        effective 1 year after the Administrator makes 
                        a safety determination for a chemical substance 
                        under paragraph (2)(B)(i) and does not 
                        determine that the chemical substance meets the 
                        applicable safety standard.
                    ``(C) Positive safety determination.--Effective 
                beginning 1 year after the date the Administrator 
                determines under paragraph (2)(B)(i) that a chemical 
                substance meets the safety standard or immediately 
                after such a determination is made for a new chemical 
                substance for which notice is required under section 
                5(a), no person shall manufacture, process, or 
                distribute in commerce the chemical substance, or any 
                mixture or article containing the chemical substance, 
                for any use other than those specified in the 
                determination established under paragraph (2)(B)(ii).
    ``(c) Conditions in Safety Determinations.--The Administrator in a 
safety determination may impose conditions on the manufacture, 
processing, use, distribution in commerce, or disposal of a chemical 
substance, or mixture or article containing a chemical substance, in 
accordance with subsection (b)(2)(B)(ii)(II), including--
            ``(1) a requirement limiting the quantity of the substance, 
        mixture, or article that may be manufactured, processed, or 
        distributed in commerce:
            ``(2) a requirement--
                    ``(A) prohibiting the manufacture, processing, or 
                distribution in commerce of the substance, mixture, or 
                article for a particular use in a concentration in 
                excess of a level specified by the Administrator in 
                conditions under subsection (b)(2)(B)(ii)(II); or
                    ``(B) limiting the quantity of the substance, 
                mixture, or article that may be manufactured, 
                processed, or distributed in commerce for--
                            ``(i) a particular use; or
                            ``(ii) a particular use in a concentration 
                        in excess of a level specified by the 
                        Administrator in conditions established under 
                        section 6(b)(2)(B)(ii)(II);
            ``(3) a requirement that the substance, mixture, or article 
        be marked with or accompanied by clear and adequate warnings 
        and instructions with respect to use, distribution in commerce, 
        or disposal, or any combination of such activities, with the 
        form and content of the warnings and instructions prescribed by 
        the Administrator;
            ``(4) a requirement that manufacturers and processors of 
        the substance, mixture, or article--
                    ``(A) make and retain records of the processes used 
                to manufacture or process the substance, mixture, or 
                article; and
                    ``(B) monitor or conduct tests that are reasonable 
                and necessary to ensure compliance with this chapter;
            ``(5) a requirement prohibiting or otherwise regulating any 
        manner or method of commercial use of the substance, mixture, 
        or article;
            ``(6) a requirement prohibiting or otherwise regulating any 
        manner or method of disposal of the substance, mixture, or 
        article, by--
                    ``(A) the manufacturer or processor of the 
                substance, mixture, or article; or
                    ``(B) any other person that uses, or disposes of, 
                the substance, mixture, or article for commercial 
                purposes; and
            ``(7) a requirement that the manufacturers and processors 
        of the substance, mixture, or article develop a risk reduction 
        management plan to achieve a risk reduction specified by the 
        Administrator.
    ``(d) Quality Control Orders.--
            ``(1) In general.--If the Administrator has a reasonable 
        basis to conclude that a particular manufacturer or processor 
        is manufacturing or processing a chemical substance or mixture 
        in a manner that may present a substantial endangerment to 
        health or the environment, the Administrator may by order 
        require the manufacturer or processor to submit a description 
        of the quality control procedures followed in the manufacturing 
        or processing of the chemical substance or mixture.
            ``(2) Orders.--
                    ``(A) In general.--If the Administrator determines 
                that quality control procedures described in paragraph 
                (1) are inadequate to prevent the chemical substance or 
                mixture from presenting a risk of injury, the 
                Administrator may order the manufacturer or processor 
                to revise the quality control procedures to the extent 
                necessary to remedy the inadequacy.
                    ``(B) Substantial endangerment.--If the 
                Administrator determines that quality control 
                procedures described in paragraph (1) have resulted in 
                the distribution in commerce of a chemical substance or 
                mixture that may present a substantial endangerment to 
                health or the environment, the Administrator may order 
                the manufacturer or processor--
                            ``(i) to give notice of the endangerment 
                        to--
                                    ``(I) processors or distributors 
                                (or both) in commerce of the substance 
                                or mixture; and
                                    ``(II) to the extent reasonably 
                                ascertainable, any other person in 
                                possession of or exposed to the 
                                substance or mixture;
                            ``(ii) to give public notice of the 
                        endangerment; and
                            ``(iii) to provide for the replacement or 
                        repurchase, as prescribed by the Administrator, 
                        of the substance or mixture as is necessary to 
                        adequately protect health or the environment.
    ``(e) Exceptions to Restrictions.--
            ``(1) Application.--This subsection applies to the 
        restrictions established under sections 4(a)(3), 4(b)(3), 
        8(b)(6), 8(c)(3), and 29, and paragraphs (2)(A)(iv) and (3) of 
        subsection (b).
            ``(2) Exemptions.--
                    ``(A) In general.--
                            ``(i) Request.--The manufacturers and 
                        processors of a chemical substance may request 
                        an exemption from any restriction described in 
                        paragraph (1) for a specified use of the 
                        chemical substance.
                            ``(ii) Order.--The Administrator may by 
                        order grant an exemption from any restriction 
                        described in paragraph (1) for a period of not 
                        to exceed 5 years if the manufacturers and 
                        processors of the chemical substance have 
                        established by clear and convincing evidence 
                        that the uses to be exempted meet the exemption 
                        criteria described in subparagraph (B).
                    ``(B) Criteria.--The Administrator may grant an 
                exemption for the use of a chemical substance under 
                subparagraph (A)(ii) if--
                            ``(i) the exemption is in the paramount 
                        interest of national security;
                            ``(ii) the lack of availability of the 
                        chemical substance would cause significant 
                        disruption in the national economy; or
                            ``(iii) the use for which the exemption is 
                        sought is a critical or essential use--
                                    ``(I) no feasible safer alternative 
                                for the specified use of the chemical 
                                substance is available; or
                                    ``(II) the specified use of the 
                                chemical substance when compared to all 
                                available alternatives, provides 
                                benefit to health, the environment, or 
                                public safety.
                    ``(C) Public notice.--If the Administrator grants 
                an exemption for a chemical substance under this 
                paragraph--
                            ``(i) the manufacturers and processors of 
                        the chemical substance shall, for the exempted 
                        use, provide notice of the exemption to--
                                    ``(I) each known purchaser of the 
                                chemical substance; and
                                    ``(II) each known purchaser of a 
                                mixture or article containing the 
                                chemical substance; and
                            ``(ii) the Administrator shall provide the 
                        public with a notice of the exemption.
                    ``(D) Renewal.--The Administrator may by order 
                renew an exemption under this paragraph for 1 or more 
                additional 5-year periods if the Administrator 
                concludes, after providing public notice and an 
                opportunity for comment, that the use of the chemical 
                substance continues to meet the criteria described in 
                subparagraph (B).
                    ``(E) Conditions.--
                            ``(i) In general.--The Administrator shall 
                        by order impose any condition on an exemption 
                        issued under this paragraph that the 
                        Administrator determines to be necessary to 
                        ensure the protection of human health and the 
                        environment on the use of a chemical substance 
                        exempted under this paragraph.
                            ``(ii) Compliance.--Effective immediately 
                        after the Administrator establishes conditions 
                        on exempted use under clause (i), the 
                        manufacturing, processing, or distribution in 
                        commerce of the chemical substance, or any 
                        mixture or article containing the chemical 
                        substance, shall be prohibited except to the 
                        extent that the conditions are satisfied.
            ``(3) Resale of used articles.--The restrictions described 
        in paragraph (1) shall not apply to the resale of an article 
        subject to a restriction under subsection (b) if the article 
        has previously been used by an end consumer.
            ``(4) Extensions of effective dates for retail sale of 
        articles to end consumers.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), in the case of the retail sale to an 
                end consumer of a chemical substance, mixture, or 
                article that is subject to a restriction described in 
                paragraph (1), the Administrator may by order extend 
                the effective date of the restriction by a period of 
                not to exceed 3 years, if the Administrator determines 
                that the extension--
                            ``(i) is necessary and appropriate to allow 
                        for depletion of the existing retail inventory; 
                        and
                            ``(ii) will not present a substantial 
                        endangerment to human health or the 
                        environment.
                    ``(B) Exception.--An extension under subparagraph 
                (A) shall not apply to any retailer that the 
                Administrator determines has failed to comply with an 
                order requesting information issued by the 
                Administrator pursuant to section 8.
    ``(f) Polychlorinated Biphenyls.--
            ``(1) In general.--The Administrator shall act by order or 
        rule consistent with paragraphs (2) and (3)--
                    ``(A) to prescribe methods for the disposal of 
                polychlorinated biphenyls; and
                    ``(B) to require polychlorinated biphenyls to be 
                marked with clear and adequate warnings and 
                instructions with respect to the processing, 
                distribution in commerce, use, or disposal (or any 
                combination of such activities) of polychlorinated 
                biphenyls.
            ``(2) Manufacture, process, or distribution in totally 
        enclosed manner.--
                    ``(A) Definition of totally enclosed manner.--In 
                this paragraph, the term `totally enclosed manner' 
                means any manner that will ensure that any exposure of 
                human beings or the environment to the polychlorinated 
                biphenyl will be insignificant, as determined by the 
                Administrator by order or rule.
                    ``(B) Prohibition.--Except as provided in 
                subparagraph (C), no person may manufacture, process, 
                distribute in commerce, or use any polychlorinated 
                biphenyl in any manner other than in a totally enclosed 
                manner.
                    ``(C) Alternative manner.--The Administrator may by 
                order or rule authorize the manufacture, processing, 
                distribution in commerce, or use (or any combination of 
                such activities) of any polychlorinated biphenyl in a 
                manner other than in a totally enclosed manner if the 
                Administrator finds that the manufacture, processing, 
                distribution in commerce, or use (or combination of 
                such activities) will not present a substantial 
                endangerment to health or the environment.
            ``(3) Prohibition on manufacture, process, or 
        distribution.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B), (C), and (D)--
                            ``(i) no person may manufacture any 
                        polychlorinated biphenyl; and
                            ``(ii) no person may process or distribute 
                        in commerce any polychlorinated biphenyl.
                    ``(B) Exemptions.--
                            ``(i) In general.--Any person may petition 
                        the Administrator for an exemption from the 
                        requirements of subparagraph (A), and the 
                        Administrator may grant by rule the exemption, 
                        if the Administrator finds that--
                                    ``(I) a substantial endangerment to 
                                health or environment would not result; 
                                and
                                    ``(II) good faith efforts have been 
                                made to develop a chemical substance 
                                that meets the safety standard and that 
                                may be substituted for such 
                                polychlorinated biphenyl.
                            ``(ii) Administration.--An exemption 
                        granted under this subparagraph shall be--
                                    ``(I) subject to such terms and 
                                conditions as the Administrator may 
                                prescribe; and
                                    ``(II) be in effect for such period 
                                (but not more than 1 year from the date 
                                it is granted, except as provided in 
                                subparagraph (D)) as the Administrator 
                                may prescribe.
                    ``(C) Prior sales.--Subparagraph (A) shall not 
                apply to the distribution in commerce of any 
                polychlorinated biphenyl if the polychlorinated 
                biphenyl was sold for purposes other than resale before 
                the expiration of the 2\1/2\-period beginning on 
                October 11, 1976.
                    ``(D) Extension of exemptions.--
                            ``(i) In general.--The Administrator may by 
                        order or rule extend an exemption granted under 
                        subparagraph (B) that has not yet expired for a 
                        period of not to exceed 60 days for the purpose 
                        of authorizing the Secretary of Defense and the 
                        Secretaries of the military departments to 
                        provide for the transportation into the customs 
                        territory of the United States of 
                        polychlorinated biphenyls generated by or under 
                        the control of the Department of Defense for 
                        purposes of the disposal, treatment, or storage 
                        of the polychlorinated biphenyls in the customs 
                        territory of the United States if the 
                        polychlorinated biphenyls are already in 
                        transit from storage locations but the 
                        Administrator determines, in the sole 
                        discretion of the Administrator, the 
                        polychlorinated biphenyls would not otherwise 
                        arrive in the customs territory of the United 
                        States within the period of the original 
                        exemption.
                            ``(ii) Notice.--The Administrator shall 
                        promptly publish in the Federal Register notice 
                        of the extension.
    ``(g) Mercury.--
            ``(1) In general.--Except as provided in paragraph (2), no 
        Federal agency shall convey, sell, or distribute to any other 
        Federal agency, any State or local government agency, or any 
        private individual or entity any elemental mercury under the 
        control or jurisdiction of the Federal agency.
            ``(2) Exceptions.--Paragraph (1) shall not apply to--
                    ``(A) a transfer between Federal agencies of 
                elemental mercury for the sole purpose of facilitating 
                storage of mercury to carry out this chapter; or
                    ``(B) a conveyance, sale, distribution, or transfer 
                of coal.
            ``(3) Leases of federal coal.--Nothing in this subsection 
        prohibits the leasing of coal.
    ``(h) Certification.--Each submission required pursuant to this 
section or pursuant to a rule or an order promulgated or issued by the 
Administrator under this section shall be accompanied by a 
certification signed by a responsible official of the manufacturer or 
processor that each statement contained in the submission--
            ``(1) is accurate and reliable; and
            ``(2) includes all material facts known to, in the 
        possession or control of, or reasonably ascertainable by the 
        manufacturer or processor.
    ``(i) Effective Date.--In any rule or order under this section, the 
Administrator shall specify the date on which the rule or order shall 
take effect, which date shall be as soon as feasible.''.

SEC. 8. IMMINENT HAZARDS.

    Section 7 of the Toxic Substances Control Act (15 U.S.C. 2606) is 
amended to read as follows:

``SEC. 7. IMMINENT HAZARDS.

    ``(a) Actions Authorized and Required.--
            ``(1) In general.--The Administrator may commence a civil 
        action in an appropriate district court of the United States 
        for--
                    ``(A) seizure of a chemical substance or mixture, 
                or any article containing a chemical substance or 
                mixture, that may present an imminent and substantial 
                endangerment to health or the environment;
                    ``(B) relief (as authorized by subsection (b)) 
                against any person that manufactures, processes, 
                distributes in commerce, uses, or disposes of a 
                chemical substance or mixture, or any article 
                containing a chemical substance or mixture, if the 
                manufacture, processing, distribution in commerce, use, 
                or disposal may present an imminent and substantial 
                endangerment to health or the environment, or any 
                person that contributes to the activities; or
                    ``(C) both seizure and relief described in 
                subparagraphs (A) and (B), respectively.
            ``(2) Other actions.--
                    ``(A) In general.--The Administrator may issue such 
                orders as may be necessary to protect health or the 
                environment from any manufacturing, processing, 
                distribution in commerce, use, or disposal of a 
                chemical substance or mixture or any article containing 
                such a substance or mixture that may present an 
                imminent and substantial endangerment to health or the 
                environment.
                    ``(B) Requirement.--An order under subparagraph (A) 
                may include any requirements imposed on the 
                manufacture, processing, distribution in commerce, use, 
                or disposal of a chemical substance or mixture, or 
                article containing the chemical substance or mixture, 
                as the Administrator determines is necessary to protect 
                health or the environment, including the requirements 
                described in section 6(c) and the relief authorized 
                under subsection (b).
            ``(3) Relationship to existing rules, orders, and 
        proceedings.--A civil action may be commenced, under paragraph 
        (1), or other action taken under paragraph (2), 
        notwithstanding--
                    ``(A) the existence of a rule or order under this 
                chapter; and
                    ``(B) the pendency of any administrative or 
                judicial proceeding under this chapter.
    ``(b) Relief Authorized.--
            ``(1) In general.--The district court of the United States 
        in which an action under subsection (a)(1) is brought shall 
        have jurisdiction to grant such temporary or permanent relief 
        as may be necessary to protect health or the environment from 
        the risk associated with the activity involved in the action.
            ``(2) Types of relief.--In the case of an action under 
        subsection (a)(1) brought against a person that manufactures, 
        processes, distributes in commerce, uses, or disposes of a 
        chemical substance or mixture or an article containing a 
        chemical substance or mixture, the relief authorized by 
        paragraph (1) may include--
                    ``(A) the issuance of a mandatory order imposing 
                any of the requirements described in section 6(c); and
                    ``(B) in the case of purchasers of the substance, 
                mixture, or article known to the defendant--
                            ``(i) notification to the purchasers of the 
                        risk associated with the substance, mixture, or 
                        article;
                            ``(ii) public notice of the risk;
                            ``(iii) recall;
                            ``(iv) the replacement or repurchase of the 
                        substance, mixture, or article; or
                            ``(v) any combination of the actions 
                        described in clauses (i) through (iv) or 
                        section 6(c); or
                    ``(C) any other relief as may be necessary to 
                protect health or the environment from the risk 
                involved in the action.
            ``(3) Seizure and condemnation.--An action under subsection 
        (a)(1) against a chemical substance, mixture, or article may be 
        proceeded against by process of libel for its seizure and 
        condemnation. Proceedings in such an action described in this 
        subparagraph shall conform as nearly as possible to proceedings 
        in rem in admiralty.
    ``(c) Venue and Consolidation.--
            ``(1) Venue.--
                    ``(A) In general.--An action under subsection 
                (a)(1) against a person that manufactures, processes, 
                or distributes a chemical substance or mixture or an 
                article containing a chemical substance or mixture may 
                be brought in the United States District Court for the 
                District of Columbia, or for any judicial district in 
                which any of the defendants is found, resides, or 
                transacts business.
                    ``(B) Process.--Process in an action described in 
                subparagraph (A) may be served on a defendant in any 
                other district in which the defendant resides or may be 
                found.
                    ``(C) Chemical substances, mixtures, or articles.--
                An action under subsection (a)(1) against a chemical 
                substance, mixture, or article may be brought in any 
                United States district court within the jurisdiction of 
                which the chemical substance, mixture, or article is 
                found.
                    ``(D) Multiple judicial districts.--In determining 
                the judicial district in which an action may be brought 
                under subsection (a)(1) in instances in which the 
                action may be brought in more than 1 judicial district, 
                the Administrator shall take into account the 
                convenience of the parties.
                    ``(E) Subpoenas.--Subpoenas requiring attendance of 
                witnesses in an action brought under subsection (a)(1) 
                may be served in any judicial district.
            ``(2) Consolidation.--If proceedings under subsection 
        (a)(1) involving identical chemical substances, mixtures, or 
        articles are pending in courts in 2 or more judicial districts, 
        the proceedings shall be consolidated for trial by order of any 
        such court on application reasonably made by any party in 
        interest, on notice to all parties in interest.''.

SEC. 9. REPORTING AND RETENTION OF INFORMATION.

    Section 8 of the Toxic Substances Control Act (15 U.S.C. 2607) is 
amended to read as follows:

``SEC. 8. REPORTING AND RETENTION OF INFORMATION.

    ``(a) Substance Identification, Declaration, and Information.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Safe Chemicals Act of 2010, each manufacturer 
        or processor of a chemical substance distributed in commerce 
        shall submit to the Administrator the declaration described in 
        paragraph (2) or (3), accompanied by the certification 
        described in subsection (i).
            ``(2) Declaration of current manufacture or processing.--A 
        declaration described in this paragraph is a statement that 
        includes, for each chemical substance manufactured or processed 
        by a manufacturer or processor--
                    ``(A) the chemical identity and any special 
                substance characteristics of the chemical substance;
                    ``(B) the name and location of each facility under 
                the control of the manufacturer or processor at which 
                the chemical substance is manufactured or processed or 
                from which the chemical substance is distributed in 
                commerce;
                    ``(C) a list of health and safety studies conducted 
                or initiated by or for, known to, or reasonably 
                ascertainable by the manufacturer or processor with 
                respect to the chemical substance, and copies of any 
                such studies that have not previously been submitted to 
                the Administrator; and
                    ``(D) all other information known to, in the 
                possession or control of, or reasonably ascertainable 
                by the manufacturer or processor that has not 
                previously been submitted to the Administrator 
                regarding--
                            ``(i) the physical, chemical, and 
                        toxicological properties of the chemical 
                        substance;
                            ``(ii) the annual production volume and 
                        known uses of, and exposure and fate 
                        information relating to, the chemical 
                        substance; and
                            ``(iii) the name and location of each 
                        facility to which the chemical substance is 
                        sent, after manufacture and processing, for 
                        subsequent processing, distribution, or use.
            ``(3) Declaration of cessation of manufacturing or 
        processing.--A declaration described in this paragraph is a 
        statement certifying that the manufacturer or processor has 
        ceased, or will cease not later than 180 days after the date of 
        submission of the declaration, all production, importation, 
        processing, and export of the chemical substance.
            ``(4) Updating of information.--Each manufacturer or 
        processor of a chemical substance that submits to the 
        Administrator a declaration described in paragraph (2) shall 
        update and submit to the Administrator a new declaration--
                    ``(A) at a minimum every 3 years; and
                    ``(B) immediately, at any time at which there 
                becomes known or available to, in the possession or 
                control of, or reasonably ascertainable by the 
                manufacturer or processor significant new information 
                regarding a physical, chemical, toxicological property 
                or use of, or exposure to, the chemical substance, 
                including any information that--
                            ``(i) demonstrates a new potential toxic 
                        effect of the chemical substance;
                            ``(ii) corroborates previous information 
                        demonstrating or suggesting a toxic effect; or
                            ``(iii) suggests a toxic effect at a lower 
                        dose than previously demonstrated.
            ``(5) Records to support declarations.--Each manufacturer 
        or processor of a chemical substance distributed in commerce 
        shall maintain records of the information described in 
        subparagraphs (A) through (D) of paragraph (2).
            ``(6) Prohibition on manufacturing, processing, or 
        distribution.--The Administrator may, by order, prohibit a 
        manufacturer or processor in violation of this subsection from 
        manufacturing, processing, or distributing in commerce the 
        chemical substance or any article containing the chemical 
        substance, except as authorized under section 6(e).
    ``(b) Reports.--
            ``(1) In general.--
                    ``(A) Except as provided in paragraph (2), the 
                Administrator may by rule or order require any person 
                who manufactures, processes, distributes in commerce, 
                uses, or disposes of a chemical substance, mixture, or 
                article to maintain records of and report by a 
                specified date any information concerning the 
                substance, mixture, or article that, in the judgment of 
                the Administrator, would assist the Administrator in--
                            ``(i) making a safety determination with 
                        respect to a chemical substance under this 
                        subchapter; or
                            ``(ii) any other aspect of administering 
                        this chapter.
                    ``(B) The Administrator may by rule or order 
                require that any report or information submitted 
                pursuant to this chapter include chemical identity and 
                special substance characteristics, as appropriate to 
                the chemical substance or mixture that is the subject 
                of the report or information.
                    ``(C) The Administrator shall by rule or order 
                further specify or modify the information that must be 
                submitted with a particular report or information 
                submission to establish the chemical identity and 
                special substance characteristics of the subject 
                chemical substance or mixture for the purposes of such 
                report or information submission .
            ``(2) Small quantities for research or analysis.--In the 
        case of the manufacture, processing, distribution in commerce, 
        use, or disposal of a chemical substance in small quantities 
        (as defined by the Administrator by rule) solely for purposes 
        of scientific experimentation or analysis or chemical research 
        (including any such research or analysis for the development of 
        a product), the Administrator may issue a rule or order under 
        paragraph (1) only to the extent the Administrator determines 
        the maintenance of records or submission of reports, or both, 
        is necessary for the effective enforcement of this chapter.
            ``(3) Prohibition on manufacturing, processing, or 
        distribution.--The Administrator may, by order, prohibit a 
        manufacturer or processor in violation of a requirement of a 
        rule or order under paragraph (1) from manufacturing, 
        processing, or distributing in commerce the chemical substance 
        or any article containing the chemical substance, except as 
        authorized under subsection 6(e).
    ``(c) Inventory and Categorization.--
            ``(1) In general.--The Administrator shall compile, keep 
        current, and publish a list of each chemical substance that is 
        manufactured or processed in the United States.
            ``(2) Contents.--The list shall at least include the name 
        of each chemical substance that any person reports, under 
        section 5 or subsection (b), is manufactured or processed in 
        the United States.
            ``(3) Timing.--
                    ``(A) In general.--In the case of a chemical 
                substance for which a notice is submitted in accordance 
                with section 5, the chemical substance shall be 
                included on the list as of the earliest date (as 
                determined by the Administrator) on which the substance 
                was manufactured or processed in the United States.
                    ``(B) Publication.--The Administrator shall first 
                publish a list under subparagraph (A) not later than 18 
                months after the effective date of this Act.
            ``(4) Small quantities for research or analysis.--The 
        Administrator shall not include in the list any chemical 
        substance that is manufactured or processed only in small 
        quantities (as defined by the Administrator by rule) solely for 
        purposes of scientific experimentation or analysis or chemical 
        research on, or analysis of, the substance or another 
        substance, including such research or analysis for the 
        development of a product.
            ``(5) Categorization.--Not later than 5 years after the 
        date of enactment of the Safe Chemicals Act of 2010 and from 
        time to time thereafter, 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 
        categories based on known health or environmental effects, 
        exposure, insufficient data, or other category that the 
        Administrator considers appropriate.
    ``(d) Public Access to Significant Information.--
            ``(1) Electronic database.--Not later than 1 year after the 
        date of enactment of Safe Chemicals Act of 2010, the 
        Administrator, through collaboration as appropriate, shall 
        establish--
                    ``(A) an electronic, Internet-accessible database 
                for storing and sharing of information relating to the 
                toxicity and use of, and exposure to, chemical 
                substances; and
                    ``(B) procedures for use in maintaining and 
                updating the database.
            ``(2) Public access.--Not later than 18 months after the 
        date of enactment of the Safe Chemicals Act of 2010 or not 
        later than 90 days after the date of decisions made by the 
        Administrator or receipt by the Administrator of information 
        submitted pursuant to this subchapter, the Administrator shall, 
        subject to section 14, make available to the public via the 
        Internet-accessible database described in paragraph (1) a 
        description of all significant decisions made by the 
        Administrator under this subchapter or significant information 
        submitted pursuant to this subchapter.
    ``(e) Records.--
            ``(1) In general.--Any person that manufactures, processes, 
        or distributes in commerce any chemical substance or mixture 
        shall maintain and submit to the Administrator records of 
        significant adverse reactions to health or the environment, as 
        determined by the Administrator by rule, alleged to have been 
        caused by the substance or mixture.
            ``(2) Duration.--
                    ``(A) In general.--Records of the adverse reactions 
                to the health of employees shall be retained for a 
                period of 30 years after the date the reactions were 
                first reported to or known by the person maintaining 
                the records.
                    ``(B) Other records.--Any other record of the 
                adverse reactions shall be retained for a period of 5 
                years after the date the information contained in the 
                record was first reported to or known by the person 
                maintaining the record.
            ``(3) Contents.--Records required to be maintained under 
        this subsection shall include--
                    ``(A) records of consumer allegations of personal 
                injury or harm to health;
                    ``(B) reports of occupational disease or injury; 
                and
                    ``(C) reports or complaints of injury to the 
                environment submitted to the manufacturer, processor, 
                or distributor in commerce from any source.
    ``(f) Information in the Possession of Other Federal Agencies.--
            ``(1) Synopses.--
                    ``(A) In general.--From time to time, each Federal 
                agency and Federal institution shall submit to the 
                Administrator a synopsis of the data and records in the 
                possession or control of the agency and institution, 
                respectively, that may be useful to the Administrator 
                in carrying out this chapter.
                    ``(B) Format and content.--Not later than 1 year 
                after the date of enactment of the Safe Chemicals Act 
                of 2010, the Administrator shall prescribe, by order, 
                the format, content, and level of detail of the 
                synopses.
                    ``(C) Initial submission.--Not later than 18 months 
                after the date of enactment of the Safe Chemicals Act 
                of 2010, each Federal agency and Federal institution 
                shall make the initial submission of a synopsis of the 
                agency and institution, respectively, to the 
                Administrator.
                    ``(D) Updates.--At least once every 3 years, each 
                Federal agency and Federal institution shall--
                            ``(i) update and keep current the synopsis 
                        of the agency and institution, respectively; 
                        and
                            ``(ii) submit the updated synopsis to the 
                        Administrator.
            ``(2) Requests by administrator.--On the request of the 
        Administrator, any information in the possession or control of 
        an agency or institution relating to a hazard of, use of, 
        exposure to, or risk of, a chemical substance or mixture shall 
        be provided to the Administrator.
    ``(g) Notice to Administrator of Substantial Risks.--Any person 
that manufactures, processes, or distributes in commerce a chemical 
substance or mixture and that obtains information that reasonably 
supports the conclusion that the substance or mixture presents a 
substantial risk of injury to health or the environment shall 
immediately inform the Administrator of the information unless the 
person has actual knowledge that the Administrator has been adequately 
informed of the information.
    ``(h) Certification.--Each submission required pursuant to this 
section or pursuant to a rule or an order promulgated or issued by the 
Administrator under this section, other than a submission under 
subsection (f), shall be accompanied by a certification signed by a 
responsible official of the manufacturer or processor that each 
statement contained in the submission--
            ``(1) is accurate and reliable; and
            ``(2) includes all material facts known to, in the 
        possession or control of, or reasonably ascertainable by the 
        manufacturer or processor.''
    ``(i) Definition of Manufacture and Process.--In this section, the 
terms `manufacture' and `process' mean manufacture and process, 
respectively, for commercial purposes.''.

SEC. 10. RELATIONSHIP TO OTHER FEDERAL LAWS.

    Section 9 of the Toxic Substances Control Act (15 U.S.C. 2608) is 
amended--
            (1) in subsection (a)--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) If the Administrator determines that the manufacture, 
        processing, distribution in commerce, use, or disposal of a 
        chemical substance or mixture, or that any combination of such 
        activities either does not meet the safety standard under this 
        subchapter, or requires conditions or restrictions in order to 
        the meet the safety standard, and the Administrator determines 
        that action may be taken under a Federal law not administered 
        by the Administrator to address the uses of, or aggregate and 
        cumulative exposure to, such chemical substance or mixture, the 
        Administrator shall submit to the agency which administers such 
        law a report that describes with specification the activity or 
        combination of activities that prevent the chemical substance 
        or mixture from meeting the safety standard or restrictions or 
        conditions required to meet the safety standard under this 
        subchapter. Such report shall also request that such agency--
                    ``(A) determine if the action or actions may be 
                taken under such law (or laws) administered by such 
                agency;
                    ``(B) if the agency determines under subparagraph 
                (A) that such action or actions may be taken, initiate 
                such action or actions and provide a timetable for such 
                action or actions; and
                    ``(C) respond to the Administrator with respect to 
                the matters described in the report.
        Any report of the Administrator shall include a detailed 
        statement of the information on which it is based and shall be 
        promptly published in the Federal Register. The agency 
        receiving a request under such a report shall make the 
        requested determination, take the action or actions necessary 
        to ensure that the chemical substance or mixture meets the 
        safety standard under this subchapter, if appropriate, and 
        respond to the Administrator's request within such time as the 
        Administrator specifies in the request, but such time specified 
        may not be less than 90 days from the date the request was 
        made. The response of an agency shall be accompanied by a 
        detailed statement of the findings and conclusions of the 
        agency and shall be promptly published in the Federal 
        Register.'';
                    (B) by amending paragraph (2) to read as follows:
            ``(2) If the Administrator submits a report under paragraph 
        (1) with respect to a chemical substance or mixture and the 
        agency to which such report was made initiates, within such 
        time specified in the request under paragraph (1), action or 
        actions under the law (or laws) administered by such agency to 
        ensure that a chemical substance or mixture including an 
        restrictions or conditions meets the safety standard under this 
        subchapter, the Administrator may not take action under this 
        chapter with respect to that action or actions except that the 
        Administrator may take actions pursuant to section 7 of this 
        subchapter.'';
                    (C) by redesignating paragraph (3) as paragraph 
                (4);
                    (D) by inserting after paragraph (2) the following 
                new paragraph:
            ``(3) If the Administrator submits a report under paragraph 
        (1) with respect to a chemical substance or mixture and the 
        agency to which such report was submitted either--
                    ``(A) determines that action cannot be taken under 
                the authorities of the agency;
                    ``(B) does not initiate action, if appropriate, 
                within such time specified in the request under 
                paragraph (1);
                    ``(C) does not complete the action within the 
                timeframe provided by such agency; or
                    ``(D) fails to respond,
        the Administrator may, by order, initiate action or a 
        combination of actions under this chapter to ensure compliance 
        with the safety standard for the chemical substance or mixture 
        under this subchapter.''; and
                    (E) in paragraph (4), as redesignated by 
                subparagraph (C) of this paragraph--
                            (i) by striking ``section 6 or 7'' and 
                        inserting ``this chapter''; and
                            (ii) by striking ``against such risk'' 
                        after ``Federal action'';
            (2) in subsection (c), by inserting at the end the 
        following: ``In exercising any authority under this title, the 
        Administrator shall ensure that any actions to address 
        workplace exposures that the Administrator takes or requires be 
        taken by manufacturers or processors of a chemical substance or 
        mixture are consistent with the industrial hygiene hierarchy of 
        controls.''; and
            (3) in subsection (d)--
                    (A) by striking ``while imposing the least burdens 
                of duplicative requirements on those subject to the Act 
                and for other purposes''; and
                    (B) by striking ``, in the report required by 
                section 30,''.

SEC. 11. INSPECTIONS AND SUBPOENAS.

    Section 11 of the Toxic Substances Control Act (15 U.S.C. 2610) is 
amended to read as follows:

``SEC. 11. INSPECTIONS AND SUBPOENAS.

    ``(a) In General.--For purposes of administering this chapter, the 
Administrator, and any duly designated representative of the 
Administrator, may inspect any establishment, facility, or other 
premises in which chemical substances, mixtures or articles subject to 
this chapter are manufactured, processed, stored, or held before or 
after their distribution in commerce; any conveyance being used to 
transport such chemical substances, mixtures, or articles in connection 
with distribution in commerce; and any place where records relating to 
such chemical substances, mixtures, or articles, or otherwise relating 
to compliance with this chapter, are held. Each such inspection shall 
be commenced and completed with reasonable promptness and shall be 
conducted at reasonable times, within reasonable limits, and in a 
reasonable manner. The Administrator, and any duly designated 
representative of the Administrator, may also inspect and obtain 
samples of any such chemical substances, mixtures, or articles, and any 
containers or labeling of such chemical substances, mixtures, or 
articles.
    ``(b) Scope.--Except as provided in paragraph (2), an inspection 
conducted under subsection (a) of this section shall extend to all 
things within the premises or conveyance inspected (including records, 
files, papers, processes, controls, and facilities) bearing on whether 
the requirements of this chapter applicable to the chemical substances, 
mixtures, articles or records subject to this chapter have been 
complied with.
    ``(c) Information Gathering.--In carrying out this chapter, the 
Administrator may require the attendance and testimony of witnesses and 
the production of such reports, papers, documents, items, answers to 
questions, and other information, including the development of analyses 
and other information, that the Administrator deems necessary. 
Witnesses shall be paid the same fees and mileage that are paid 
witnesses in the courts of the United States.
    ``(d) Warrants.--For purposes of enforcing the provisions of this 
chapter and upon a showing to an officer or court of competent 
jurisdiction that there is reason to believe that the provisions of 
this chapter have been violated, officers or employees duly designated 
by the Administrator are empowered to obtain and to execute warrants 
authorizing--
            ``(1) entry, inspection, and copying of records for 
        purposes of this chapter; and
            ``(2) the seizure of any chemical substance, mixture or 
        article which is in violation of this chapter.''.

SEC. 12. EXPORTS.

    Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is 
amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively;
            (3) in subsection (a), as redesignated by paragraph (2) of 
        this section--
                    (A) in paragraph (1)--
                            (i) by striking ``or intends to export'';
                            (ii) by striking ``section 4 or 5(b)'' and 
                        inserting ``section 5 or 6(b)'';
                            (iii) by striking ``or intent to export'' 
                        and inserting ``not later than 30 days after 
                        the date of exportation of the substance or 
                        mixture''; and
                            (iv) by inserting ``promptly thereafter'' 
                        before ``furnish'';
                    (B) in paragraph (2)--
                            (i) by striking ``or intends to export'';
                            (ii) by striking ``an order has been issued 
                        under section 5 or a rule has been proposed or 
                        promulgated under section 5 or 6, or with 
                        respect to which an action is pending or relief 
                        has been granted under section 5 or 7'' and 
                        inserting ``an action has been taken pursuant 
                        to section 6 or section 7'';
                            (iii) by striking ``or intent to export'' 
                        and inserting ``not later than 30 days after 
                        the date of exportation of the substance or 
                        mixture'';
                            (iv) by inserting ``promptly thereafter'' 
                        before ``furnish''; and
                            (v) by striking ``such rule, order, action, 
                        or relief'' and inserting ``such action taken 
                        pursuant to section 6 or section 7''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3)(A) Any person that has notified the Administrator of 
        the exportation of a chemical substance or mixture under this 
        section shall notify the Administrator of any change in the 
        export status of the substance or mixture not later than 30 
        days after such a change in status.
            ``(B) The Administrator shall promptly furnish an updated 
        notice to the governments that have been notified pursuant to 
        paragraphs (1) and (2) regarding the exportation of any 
        chemical substance or mixture subject to this section if--
                    ``(i) data for such substance or mixture have been 
                received by the Administrator pursuant to section 4, 
                6(b), or 8;
                    ``(ii) a change has occurred in the export status 
                of such substance or mixture; or
                    ``(iii) a change has been made in any risk 
                management action taken pursuant to section 6 or 7 for 
                such substance or mixture.'';
            (4) in subsection (b), as redesignated by paragraph (2) of 
        this section--
                    (A) by striking paragraph (2); and
                    (B) by redesignating paragraphs (3), (4), (5), and 
                (6) as paragraphs (2), (3), (4), and (5), respectively; 
                and
            (5) by adding at the end the following new subsection:
    ``(c) Public Records.--The Administrator shall--
            ``(1) maintain copies of all current notices provided to 
        other governments under this section; and
            ``(2) make such copies available to the public in 
        electronic format.''.

SEC. 13. ENTRY INTO CUSTOMS TERRITORY OF THE UNITED STATES.

    Section 13 of the Toxic Substances Control Act (15 U.S.C. 2612) is 
amended--
            (1) by striking ``Secretary of the Treasury'' each place it 
        appears and inserting ``Secretary of Homeland Security''; and
            (2) in subsection (a)(1), by striking the em dash and 
        subparagraphs (A) and (B) and inserting ``the substance, 
        mixture, or article fails to comply with or is offered for 
        entry in violation of any rule or order in effect under this 
        chapter.''.

SEC. 14. DISCLOSURE OF DATA.

    Section 14 of the Toxic Substances Control Act (15 U.S.C. 2613) is 
amended--
            (1) by redesignating subsections (a) through (e) as 
        subsections (c) through (g), respectively;
            (2) by inserting before subsection (c), as redesignated by 
        paragraph (1) of this section, the following new subsections:
    ``(a) Agency Responsibilities.--The Administrator shall ensure 
that--
            ``(1) information control designations under this section 
        are not a determinant of public disclosure pursuant to section 
        552 of title 5, United States Code (commonly referred to as the 
        `Freedom of Information Act'); and
            ``(2) all information in the agency's possession that is 
        releasable pursuant to an appropriate request under section 552 
        of title 5, United States Code (commonly referred to as the 
        `Freedom of Information Act'), is made available to members of 
        the public.
    ``(b) Rule of Construction.--Nothing in this section shall be 
construed to prevent or discourage the Administrator from voluntarily 
releasing to the public any unclassified information that is not exempt 
from disclosure under section 552 of title 5, United States Code 
(commonly referred to as the `Freedom of Information Act').'';
            (3) in subsection (c), as redesignated by paragraph (1) of 
        this subsection--
                    (A) by striking ``subsection (b)'' and inserting 
                ``subsection (d)'';
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively;
                    (C) by adding after paragraph (2) the following new 
                paragraph:
            ``(3) shall be disclosed upon request to a State, tribal, 
        or municipal government, including identification of the 
        location of the manufacture, processing, or storage of a 
        chemical substance upon the request of the 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 
                or any successor to such regulation;''; and
                    (D) in paragraph (4), as redesignated by 
                subparagraph (B) of this paragraph, by striking ``an 
                unreasonable risk of injury'' and inserting ``an 
                imminent and substantial endangerment'';
            (4) in subsection (d), as redesignated by paragraph (1) of 
        this section--
                    (A) in the subsection heading, by striking ``Data 
                From Health and Safety Studies'' and inserting 
                ``Information Not Eligible for Protection'';
                    (B) by amending paragraph (1) to read as follows:
            ``(1) The following types of information shall not be 
        eligible for protection under this section, and the 
        Administrator shall not approve a request to treat information 
        of the following types as confidential under this section:
                    ``(A) The identity of a chemical substance, except 
                as provided in section 5.
                    ``(B) Any safety standard determination developed 
                under section 6, including supporting information 
                developed by the Administrator.
                    ``(C) Any health and safety study which is 
                submitted under this chapter with respect to--
                            ``(i) any chemical substance or mixture--
                                    ``(I) which, on the date on which 
                                such study is to be disclosed has been 
                                offered for commercial distribution; or
                                    ``(II) for which testing is 
                                required under section 4 or for which 
                                notification is required under section 
                                5 of this subchapter; and
                            ``(ii) any data reported to, or otherwise 
                        obtained by, the Administrator from a health 
                        and safety study which relates to a chemical 
                        substance or mixture described in clause (i) or 
                        (ii) of subparagraph (C).
                    ``(D) Any information indicating the presence of a 
                chemical substance in a consumer article intended for 
                use or reasonably expected to be used by children or to 
                which children can otherwise be reasonably expected to 
                be exposed.
        This paragraph does not authorize the release of any data which 
        discloses processes used in the manufacturing or processing of 
        a chemical substance or mixture or, in the case of a mixture, 
        the release of data disclosing the portion of the mixture 
        comprised by any of the chemical substances in the mixture.''; 
        and
                    (C) in paragraph (2)--
                            (i) by striking ``the first sentence of 
                        paragraph (1)'' and inserting ``clause (i) or 
                        (ii) of subparagraph (C) of paragraph (1)''; 
                        and
                            (ii) by striking ``in the second sentence 
                        of such paragraph'' and inserting ``in the last 
                        sentence of paragraph (1)'';
            (5) in subsection (e), as redesignated by paragraph (1) of 
        this section--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) Duties of manufacturers and processors.--In 
        submitting data under this chapter, a manufacturer, processor, 
        or distributor in commerce may--
                    ``(A) designate the data which such person believes 
                is entitled to confidential treatment under subsection 
                (a) of this section; and
                    ``(B) submit such designated data separately from 
                other data submitted under this chapter. A designation 
                under this paragraph shall be made in writing and in 
                such manner as the Administrator may prescribe, and 
                shall include--
                            ``(i) justification for each claim for 
                        confidentiality;
                            ``(ii) a certification that the information 
                        is not otherwise publicly available; and
                            ``(iii) separate copies of all submitted 
                        information, with 1 copy containing and 1 copy 
                        excluding the information to which the request 
                        applies.'';
                    (B) by redesignating paragraph (2) as paragraph 
                (3);
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Duties of the administrator.--The Administrator 
        shall--
                    ``(A) not later than 1 year after the date of 
                enactment of the Safe Chemicals Act of 2010, by order 
                develop and make publicly available standards that 
                specify--
                            ``(i) the acceptable bases on which written 
                        requests to maintain confidentiality of 
                        information may be approved, which shall be no 
                        more restrictive of public disclosure than 
                        section 552 of title 5, United States Code; and
                            ``(ii) the documentation that must 
                        accompany those requests;
                    ``(B) not later than 90 days after the date of 
                receipt of information designated under paragraph (1), 
                review all requests to maintain confidentiality of the 
                submitted information and decide whether to approve or 
                deny such request based on whether the request and 
                accompanying documentation comply with those standards 
                that are developed under paragraph (1) (except that if 
                a request for the information is received under section 
                552 of title 5, United States Code, before the 90-day 
                review and decision period has elapsed, the disclosure 
                requirements, procedures, and judicial review 
                provisions under that section shall apply);
                    ``(C) in the event such a request is denied, make 
                the information available to the public in accordance 
                with section 8(b)(3); and
                    ``(D) if such a request is approved, specify a time 
                period of not greater than 5 years for which the 
                submitted information shall be kept confidential.''; 
                and
                    (D) in paragraph (3), as redesignated by 
                subparagraph (B) of this paragraph--
                            (i) in subparagraph (A)--
                                    (I) by striking ``paragraph 
                                (1)(A)'' and inserting ``paragraph (1) 
                                and approved by the Administrator under 
                                paragraph (2)(B)''; and
                                    (II) by striking ``The 
                                Administrator may not release such data 
                                until the expiration of 30 days after 
                                the manufacture, processor, or 
                                distributor in commerce submitting such 
                                data has received the notice required 
                                by this subparagraph.'' and inserting 
                                ``The Administrator shall release the 
                                information in accordance with the 
                                disclosure and procedural requirements 
                                of section 552 of title 5, United 
                                States Code.''; and
                            (ii) in subparagraph (B)(i)--
                                    (I) by striking ``or (4)'' and 
                                inserting ``(4), or (5)'';
                                    (II) by striking ``subsection (a)'' 
                                each place it appears and inserting 
                                ``subsection (c)'';
                                    (III) by striking ``paragraph (3)'' 
                                and inserting ``paragraph (4)'';
                                    (IV) by striking ``that'' before 
                                ``if the Administrator determines that 
                                the release of such data'';
                                    (V) by striking ``, unreasonable 
                                risk of injury'' before ``to health or 
                                the environment'' and inserting ``and 
                                substantial endangerment then no notice 
                                is required.''; and
                                    (VI) by striking ``, such notice 
                                may be made by such means as the 
                                Administrator determines will provide 
                                notice at least 24 hours before such 
                                release is made''; and
            (6) by adding at the end the following new subsection:
    ``(h) Risk Information for Workers.--The Administrator shall 
provide standards for and facilitate the sharing of chemical identity, 
safety standard determination, health and safety data described in 
subsection (d) that pertains to chemical substances or mixtures, or 
articles containing chemical substances, that workers may come into 
contact with or otherwise be exposed to during the course of work, with 
those workers and representatives of each certified or recognized 
bargaining agent representing such employees.''.

SEC. 15. PROHIBITED ACTS.

    Section 15 of the Toxic Substances Control Act (15 U.S.C. 2614) is 
amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(1) fail or refuse to comply with any rule, order, 
        prohibition, restriction, or other requirement imposed by this 
        chapter or by the Administrator under this chapter;'';
            (2) in paragraph (2)--
                    (A) by striking ``use'' and inserting 
                ``manufacture, process, distribute in commerce, use, or 
                dispose of'';
                    (B) by striking ``, or mixture'' and inserting `` 
                mixture or article''; and
                    (C) by striking ``section 5 or 6, a rule or order 
                under section 5 or 6, or an order issued in action 
                brought under section 5 or 7'' and inserting ``any 
                rule, order, prohibition, restriction, or other 
                requirement imposed by this chapter or by the 
                Administrator under this chapter'';
            (3) in paragraph (3)--
                    (A) in subparagraph (A), by inserting ``accurate 
                and complete'' before ``records'';
                    (B) in subparagraph (B)--
                            (i) by inserting ``or make accurate and 
                        complete'' before ``reports''; and
                            (ii) by inserting ``information 
                        submissions, disclosures, declarations, 
                        certifications,'' after ``notices,''; and
                    (C) in subparagraph (C), by striking ``or'' after 
                the semicolon;
            (4) in paragraph (4), by striking the period at the end and 
        inserting a semicolon; and
            (5) by adding at the end the following new paragraphs:
            ``(5) make or submit a statement, declaration, disclosure, 
        certification, writing, data set, or representation that is 
        materially false, in whole or in part, or to falsify or conceal 
        any material fact, in taking any action or making any 
        communication pursuant to this chapter or pursuant to any rule 
        or order promulgated or issued under this chapter; or
            ``(6) take any action prohibited by this chapter.''.

SEC. 16. PENALTIES.

    Section 16 of the Toxic Substances Control Act (15 U.S.C. 2615) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by inserting ``this chapter or a rule 
                        or order promulgated or issued pursuant to this 
                        chapter, as described in'' before ``section 15 
                        or 409 shall be'';
                            (ii) by striking ``$25,000'' and inserting 
                        ``$37,500''; and
                            (iii) by striking ``violation of section 15 
                        or 409'' and inserting ``violation of this 
                        chapter'';
                    (B) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (3), (4), and (5), respectively;
                    (C) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) In the case of any violation described in paragraph 
        (1), the Administrator may commence a civil action in the 
        appropriate United States district court to assess penalties 
        pursuant to paragraph (1).'';
                    (D) in paragraph (3)(A), as redesignated by 
                subparagraph (B) of this paragraph--
                            (i) by inserting ``this chapter, as 
                        described in'' before ``section 15 or 409''; 
                        and
                            (ii) by striking ``within 15 days of'' and 
                        inserting ``not later than 15 days after'';
                    (E) in paragraph (4), as redesignated by 
                subparagraph (B) of this paragraph--
                            (i) by striking ``paragraph (2)(A)'' and 
                        inserting ``paragraph (3)(A)''; and
                            (ii) by striking ``the United States Court 
                        of Appeals for the District of Columbia or for 
                        any other circuit'' and inserting ``the 
                        appropriate district court of the United States 
                        for the district''; and
                    (F) in paragraph (5), as redesignated by 
                subparagraph (B) of this paragraph, by striking 
                ``paragraph (3)'' each place it appears and inserting 
                ``paragraph (4)''; and
            (2) in subsection (b)--
                    (A) by inserting ``(1)'' before ``Any person who'';
                    (B) by striking ``or willfully'' before ``violates 
                any provision'';
                    (C) by inserting ``this chapter, as described in'' 
                before ``section 15 or 409'';
                    (D) by striking ``$25,000'' and inserting 
                ``$50,000'';
                    (E) by striking ``one year'' and inserting ``5 
                years''; and
                    (F) by adding at the end the following new 
                paragraph:
            ``(2) Any person who knowingly violates any provision of 
        this chapter and who knows at the time that he thereby places 
        another person in imminent danger of death or serious bodily 
        injury to any person shall upon conviction be subject to a fine 
        of not more than $250,000 or imprisonment of not more than 15 
        years, or both. A person that is not an individual shall, upon 
        conviction of violating this subparagraph, be subject to a fine 
        of not more than $1,000,000.''.

SEC. 17. SPECIFIC ENFORCEMENT AND SEIZURE.

    Section 17 of the Toxic Substances Control Act (15 U.S.C. 2616) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``The district courts of 
                        the United States shall have jurisdiction over 
                        civil actions to'' and inserting ``The 
                        Administrator may commence a civil action in 
                        the appropriate United States district court to 
                        compel compliance of any person with any 
                        provision of this chapter or any rule or order 
                        promulgated pursuant to this chapter. The 
                        Administrator's authority to enforce this 
                        chapter includes the authority to'';
                            (ii) by striking subparagraphs (A) through 
                        (C) and inserting the following subparagraphs:
                    ``(A) seek civil or criminal penalties under 
                section 16 for any violation of this chapter, as 
                described in sections 15 and 409;
                    ``(B) enjoin any violation of this chapter, or of a 
                rule or order promulgated or issued under this chapter, 
                as described in sections 15 and 409; and
                    ``(C) order the compliance of any person with any 
                provision of this chapter, or with any rule or order 
                promulgated or issued under this chapter, through an 
                administrative proceeding (which may proceed 
                concurrently with action under this section), in which 
                the Administrator may levy penalties under section 
                16;''; and
                            (iii) in subparagraph (D)--
                                    (I) by striking ``product'' 
                                wherever it appears and inserting 
                                ``article'';
                                    (II) by striking ``direct'' and 
                                inserting ``order'';
                                    (III) by striking ``product subject 
                                to title IV'' and inserting ``article 
                                subject to this chapter'';
                                    (IV) by striking ``of section 5, 6, 
                                or title IV'' and inserting ``this 
                                chapter''; and
                                    (V) by striking ``under section 5, 
                                6, or title IV'' and inserting 
                                ``promulgated and issued under this 
                                chapter, as described in section 15 or 
                                409,''; and
                    (B) in paragraph (2)--
                            (i) by striking ``A civil action described 
                        in paragraph (1)'' and inserting ``The district 
                        courts of the United States shall have 
                        jurisdiction over a civil action described in 
                        paragraph (1). A civil action'';
                            (ii) in subparagraph (A)--
                                    (I) by striking ``subparagraph (A) 
                                of such paragraph'' and inserting 
                                ``subparagraphs (A) and (B) of 
                                paragraph (1)'';
                                    (II) by inserting ``this chapter, 
                                as described in'' before ``section 
                                15''; and
                                    (III) by inserting ``or 409'' after 
                                ``section 15''; and
                            (iii) in subparagraph (B) by striking 
                        ``such paragraph'' and inserting ``paragraph 
                        (1)''; and
            (2) in subsection (b)--
                    (A) by striking ``title IV'' and inserting ``this 
                chapter''; and
                    (B) by striking ``product'' each place it appears 
                and inserting ``article''.

SEC. 18. 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 chapter, or any rule, regulation, or order issued 
or promulgated pursuant to this chapter shall be construed, 
interpreted, or applied to preempt, displace or supplant any provision 
of any law, including common law, of any State or political subdivision 
of a State relating to any chemical substance or mixture, or any 
article that contains a chemical substance or mixture, which is more 
stringent than is provided for under this chapter.''.

SEC. 19. JUDICIAL REVIEW.

    Section 19 of the Toxic Substances Control Act (15 U.S.C. 2618) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking subparagraph (B);
                            (ii) by redesignating subparagraph (A) as 
                        paragraph (1);
                            (iii) by inserting ``or issuance'' after 
                        ``promulgation'';
                            (iv) by striking ``section 4(a), 5(a)(2), 
                        5(b)(4), 6(a), 6(e), or 8, or under title II or 
                        IV'' and inserting ``this chapter''; (v) by 
                        inserting ``or order'' after ``rule'' each 
                        place it appears; and
                            (v) by striking ``(other than in an 
                        enforcement proceeding)'' before ``of such a 
                        rule);
                    (B) in paragraph (2)--
                            (i) by striking ``paragraph (1)(A)'' and 
                        inserting ``paragraph (1)''; and
                            (ii) by inserting ``or order'' after 
                        ``rule''; and
                    (C) by striking paragraph (3);
            (2) in subsection (b), by inserting ``or order'' after 
        ``rule'' each place it appears; and
            (3) in subsection (c), by amending paragraph (1) to read as 
        follows:
            ``(1) Upon the filing of a petition under subsection (a)(1) 
        for judicial review of a rule or order, the court shall have 
        jurisdiction--
                    ``(A) to grant appropriate relief, including 
                interim relief, as provided in chapter 7 of title 5, 
                United States Code; and
                    ``(B) to review such rule or order in accordance 
                with such chapter 7.''.

SEC. 20. CITIZENS' CIVIL ACTION.

    Section 20 of the Toxic Substances Control Act (15 U.S.C. 2619) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``under section 4, 5, or 6, 
                        or title II or IV,''; and
                            (ii) by striking ``section 5 or title II or 
                        IV to restrain such violation'' and inserting 
                        ``this chapter''; and
                    (B) in the flush language following paragraph (2), 
                by inserting ``, to enforce this chapter or any rule 
                promulgated or order issued under this chapter, or to 
                order the Administrator to perform an act or duty 
                described in this chapter, as the case may be'' after 
                ``citizenship of the parties''; and
            (2) in subsection (b)(1), by striking ``to restrain'' and 
        inserting ``respecting''.

SEC. 21. CITIZENS' PETITIONS.

    Section 21 of the Toxic Substances Control Act (15 U.S.C. 2620) is 
amended--
            (1) in subsection (a), by striking ``under section 4, 6, or 
        8 or an order under section 5(e) or (6)(b)(2)'' and inserting 
        ``, order, or any other action authorized under this chapter''; 
        and
            (2) in subsection (b)--
                    (A) in paragraph (1), by striking ``under section 
                4, 6, or 8 or an order under section 5(e), 6(b)(1)(A), 
                or 6(b)(1)(B)'' and inserting ``or order or to initiate 
                other action authorized under this chapter'';
                    (B) in paragraph (3), by striking ``section 4, 5, 
                6, or 8'' and inserting ``the applicable provisions of 
                this chapter''; and
                    (C) in paragraph (4)--
                            (i) in subparagraph (A), by striking ``a 
                        rulemaking proceeding'' and inserting 
                        ``proceedings authorized under this chapter''; 
                        and
                            (ii) in subparagraph (B)--
                                    (I) by striking ``a proceeding to 
                                issue a rule under section 4, 6, or 8 
                                or an order under section 5(e) or 
                                6(b)(2)'' and inserting ``proceedings 
                                authorized under this Act'';
                                    (II) in clause (i)--
                                            (aa) by inserting ``except 
                                        as provided in clause (ii),'' 
                                        before ``in the case of''; and
                                            (bb) in subclause (II), by 
                                        striking ``present an 
                                        unreasonable risk to'' and 
                                        inserting ``substantial 
                                        endangerment''; and
                                    (III) in clause (ii)--
                                            (aa) by striking ``issuance 
                                        of a rule under section 6 or 8 
                                        or an order under section 
                                        6(b)(2)'' and inserting 
                                        ``imposition or issuance of a 
                                        restriction, use condition, or 
                                        order under this chapter''; and
                                            (bb) by striking ``an 
                                        unreasonable'' and inserting 
                                        ``a substantial endangerment''.

SEC. 22. EMPLOYMENT EFFECTS.

    Section 24 of the Toxic Substances Control Act (15 U.S.C. 2623) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``continuing'' and inserting 
                ``periodic''; and
                    (B) by striking the em dash and paragraphs (1) and 
                (2) and inserting ``the implementation of this 
                chapter.'';
            (2) in subsection (b)--
                    (A) in paragraph (1), in the flush language after 
                subparagraph (B), by striking ``section 4, 5, or 6 or a 
                requirement of section 5 or 6'' and inserting ``this 
                chapter'';
                    (B) in paragraph (2)--
                            (i) in subparagraph (A)(ii), by striking 
                        ``by order issued'' and inserting ``in 
                        writing,''; and
                            (ii) in subparagraph (B)--
                                    (I) in clause (i), by inserting 
                                ``and'' after the ``such request,'';
                                    (II) by striking clause (ii); and
                                    (III) by redesignating clause (iii) 
                                as clause (ii); and
                    (C) by striking paragraph (4); and
            (3) by adding at the end the following new subsection:
    ``(c) Effect.--Nothing in this section shall be construed--
            ``(1) to require the Administrator to amend or repeal any 
        rule or order in effect under this chapter; or
            ``(2) to condition the Administrator's authority to issue 
        orders or promulgate rules under this chapter.''.

SEC. 23. ADMINISTRATION OF THE TOXIC SUBSTANCES CONTROL ACT.

    Section 26 of the Toxic Substances Control Act (15 U.S.C. 2625) is 
amended--
            (1) by amending subsection (b) to read as follows:
    ``(b) Fees.--The Administrator may, by rule, require the payment of 
a reasonable fee from any person required to submit data to defray the 
cost of administering this chapter. In setting a fee under this 
paragraph, the Administrator shall take into account the ability to pay 
of the person required to submit the data and the cost to the 
Administrator of reviewing such data. Such rules may provide for 
sharing such a fee in any case in which the expenses of testing are 
shared under this chapter.''; and
            (2) by adding at the end the following new subsection:
    ``(h) Rulemaking or Orders.--In carrying out this chapter, the 
Administrator is authorized to issue such orders and prescribe such 
regulations as are necessary to carry out this chapter.''.

SEC. 24. STATE PROGRAMS.

    Section 28 of the Toxic Substances Control Act (15 U.S.C. 2627) is 
amended--
            (1) in subsection (a)--
                    (A) by striking ``unreasonable'' before ``risk 
                within the States''; and
                    (B) by striking ``is unable or is not likely to 
                take'' and inserting ``has not taken'';
            (2) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively;
            (3) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Coordination.--The Administrator shall establish a process to 
coordinate with States, on an on-going basis, to share data and 
priorities relating to the management of chemical substances under this 
title and under programs operated by States, in accordance with 
requirements under section 14.''; and
            (4) in subsection (c)(2), as redesignated by paragraph (2) 
        of this section, by striking ``including cancer, birth defects, 
        and gene mutations,''.

SEC. 25. AUTHORIZATION OF APPROPRIATIONS.

    Title I of the Toxic Substances Control Act (15 U.S.C. 2601 et 
seq.) is amended--
            (1) by redesignating section 29 as section 39;
            (2) by redesignating section 30 as section 38;
            (3) by striking section 31; and
            (4) by amending section 39, as redesignated, to read as 
        follows:

``SEC. 39. AUTHORIZATION OF APPROPRIATIONS.

    ``There are authorized to be appropriated to the Administrator such 
sums as may be necessary for each of the fiscal years 2011 through 2018 
to carry out this chapter.''.

SEC. 26. ADDITIONAL REQUIREMENTS.

    (a) Restrictions on Certain Chemical Substances.--The Toxic 
Substances Control Act (15 U.S.C. 2601 et seq.) is amended by inserting 
after section 28 the following new sections:

``SEC. 29. EXPEDITED ACTION ON CHEMICALS OF HIGHEST CONCERN.

    ``The Administrator shall act quickly to manage risks from chemical 
substances that clearly pose the highest risks to human health or the 
environment.

``SEC. 30. CHILDREN'S ENVIRONMENTAL HEALTH RESEARCH PROGRAM.

    ``(a) Children's Environmental Health Research Program.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of the Safe Chemicals Act of 2010, the 
        Administrator shall establish a `Children's Environmental 
        Health Research Program' within the Environmental Protection 
        Agency.
            ``(2) Purpose.--Subject to amounts made available in 
        advance in appropriations Acts, under the Children's 
        Environmental Health Research Program established under 
        paragraph (1), the Administrator may enter into contracts and 
        make grants to further understanding of the vulnerability of 
        children to chemical substances and mixtures.
            ``(3) Consultation.--Contracts and grants under this 
        section shall be provided in consultation with Interagency 
        Science Advisory Board on Children's Health and Toxic 
        Substances established under subsection (b).
    ``(b) Interagency Science Advisory Board on Children's Health 
Research.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of the Safe Chemicals Act of 2010, the 
        Administrator shall establish an advisory board to be known as 
        the `Interagency Science Advisory Board on Children's Health 
        Research'. The Board shall be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).
            ``(2) Purposes.--The purposes of the Board shall be to 
        provide independent advice, expert consultation, and peer 
        review upon request of the Administrator or Congress on the 
        scientific and technical aspects of issues relating to the 
        implementation of this subchapter with respect to protecting 
        children's health and research.
            ``(3) Composition.--The Administrator shall--
                    ``(A) appoint the members of the Board, including, 
                at a minimum, representatives of--
                            ``(i) the National Institute of 
                        Environmental Health Sciences;
                            ``(ii) the Centers for Disease Control and 
                        Prevention;
                            ``(iii) the National Toxicology Program;
                            ``(iv) the National Cancer Institute;
                            ``(v) the National Tribal Science Council; 
                        and
                            ``(vi) not fewer than 3 centers of 
                        children's health at leading universities;
                    ``(B) ensure that at least \1/3\ of the members of 
                the Board have specific scientific expertise in the 
                relationship of chemical exposures to prenatal, infant, 
                and children's health; and
                    ``(C) ensure that no individual appointed to serve 
                on the Board has a conflict of interest that is 
                relevant to the functions performed, unless such 
                conflict is promptly and publicly disclosed and the 
                Administrator determines that the conflict is 
                unavoidable.
    ``(c) Prenatal and Infant Exposures.--
            ``(1) Monitoring.--If, through studies performed pursuant 
        to subsection (a), section 4, or other available research, the 
        Administrator identifies a chemical substance that may be 
        present in human biological media that may have adverse effects 
        on early childhood development, the Administrator shall 
        coordinate with the Secretary of Health and Human Services to 
        conduct, not later than 2 years after the date on which the 
        Administrator makes such identification, a biomonitoring study 
        to determine the presence of the chemical substance in human 
        biological media in, at a minimum, pregnant women and infants.
            ``(2) Publication.--Upon completion of any study conducted 
        pursuant to paragraph (1), the Secretary of Health and Human 
        Services shall--
                    ``(A) inform the Administrator of the results of 
                the study; and
                    ``(B) publish the results of the study in a 
                publicly available electronic format.
            ``(3) Positive results.--
                    ``(A) Manufacture disclosure.--Whenever a chemical 
                substance or mixture is determined to be present in a 
                study conducted pursuant to paragraph (1), the 
                manufacturers and processors of the chemical substance 
                or mixture shall, not later than 180 days after the 
                date of publication of such study, disclose to the 
                Administrator, commercial customers of the 
                manufacturers and processors, consumers, and the 
                public--
                            ``(i) all known uses of the chemical 
                        substance or mixture; and
                            ``(ii) all articles in which the chemical 
                        substance or mixture is or is expected to be 
                        present.
                    ``(B) Cost and form of disclosure.--Information 
                under clauses (i) and (ii) of subparagraph (A) shall 
                be--
                            ``(i) made available by the Administrator 
                        in electronic format; and
                            ``(ii) made readily accessible and free of 
                        charge by each applicable manufacturer and 
                        processor in electronic format to the 
                        commercial customers of such manufacturer or 
                        processor, consumers, and the public.

``SEC. 31. REDUCTION OF ANIMAL-BASED TESTING.

    ``(a) Administration.--The Administrator shall take action to 
minimize the use of animals in testing of chemical substances or 
mixtures, including--
            ``(1) encouraging and facilitating, where practicable--
                    ``(A) use of existing data of sufficient scientific 
                quality;
                    ``(B) use of test methods that eliminate or reduce 
                the use of animals but provide data of high scientific 
                quality;
                    ``(C) grouping of 2 or more chemical substances 
                into scientifically appropriate categories where 
                testing of one chemical substance will provide reliable 
                and useful data on others in the category;
                    ``(D) formation of industry consortia to jointly 
                conduct testing to avoid unnecessary duplication of 
                tests; and
                    ``(E) parallel submission of data from animal-based 
                studies and from emerging methods and models; and
            ``(2) funding research and validation studies to reduce, 
        refine, and replace the use of animal tests in accordance with 
        this subsection.
    ``(b) Interagency Science Advisory Board on Alternative Testing 
Methods.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of the Safe Chemicals Act of 2010, the 
        Administrator shall establish an advisory board to be known as 
        the `Interagency Science Advisory Board on Alternative Testing 
        Methods'. The Board shall be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).
            ``(2) Composition.--The Administrator shall--
                    ``(A) appoint the members of the Interagency 
                Science Advisory Board on Alternative Testing Methods, 
                including, at a minimum, representatives of--
                            ``(i) the National Institute of 
                        Environmental Health Sciences;
                            ``(ii) the Centers for Disease Control and 
                        Prevention;
                            ``(iii) the National Toxicology Program;
                            ``(iv) the National Cancer Institute; and
                            ``(v) the National Tribal Science Council; 
                        and
                    ``(B) ensure that no individual appointed to serve 
                on the Interagency Science Advisory Board on 
                Alternative Testing Methods has a conflict of interest 
                that is relevant to the functions to be performed, 
                unless such conflict is promptly and publicly disclosed 
                and the Administrator determines that the conflict is 
                unavoidable.
            ``(3) Purpose.--The purpose of the Interagency Science 
        Advisory Board on Alternative Testing Methods shall be to 
        provide independent advice and peer review to the Administrator 
        and Congress on the scientific and technical aspects of issues 
        relating to the implementation of this subchapter with respect 
        to minimizing the use of animals in testing of chemical 
        substances or mixtures.
            ``(4) Report.--Not later than 1 year after the date of 
        enactment of the Safe Chemicals Act of 2010, and triennially 
        thereafter, the Administrator, in consultation with the 
        Interagency Science Advisory Board on Alternative Testing 
        Methods established under paragraph (1), shall publish a list 
        of testing methods that reduce the use of animals in testing 
        under section 4.
    ``(c) Implementation of Alternative Testing Methods.--To promote 
the development and timely incorporation of new testing methods that 
are not animal-based, the Administrator shall--
            ``(1) in consultation with the Interagency Science Advisory 
        Board on Alternative Testing Methods established under 
        subsection (b)(1), and after providing an opportunity for 
        public comment, develop a strategic plan to promote the 
        development and implementation of alternative test methods and 
        testing strategies to generate information used for safety 
        standard determinations under section 6(b) that do not use 
        animals, including toxicity pathway-based risk assessment, in 
        vitro studies, systems biology, computational toxicology, 
        bioinformatics, and high-throughput screening;
            ``(2) biennially report to Congress on progress made in 
        implementing this section; and
            ``(3) fund and carry out research, development, performance 
        assessment, and translational studies to accelerate the 
        development of test methods and testing strategies that are not 
        animal-based for use in safety standard determinations under 
        section 6(b).
    ``(d) Criteria for Adapting or Waiving Animal Testing 
Requirements.--Upon request from a manufacturer or processor that is 
required to conduct animal-based testing of a chemical substance or 
mixture under this subchapter, the Administrator may adapt or waive 
such requirement if the Administrator determines that--
            ``(1) there is sufficient weight-of-evidence from several 
        independent sources of information to support a conclusion that 
        a chemical substance or mixture has, or does not have, a 
        particular property, in any case in which the information from 
        each individual source alone is regarded as insufficient to 
        support the conclusion;
            ``(2) testing for a specific endpoint is technically not 
        practicable to conduct as a consequence of 1 or more physical 
        or chemical properties of the chemical substance or mixture; or
            ``(3) a chemical substance or mixture cannot be tested in 
        animals at concentrations that do not result in significant 
        pain or distress, due to physical or chemical properties of the 
        chemical substance or mixture, such as potential to cause 
        severe corrosion or severe irritation to tissues.

``SEC. 32. SAFER ALTERNATIVES AND GREEN CHEMISTRY AND ENGINEERING.

    ``(a) Safer Alternatives Program.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of the Safe Chemicals Act of 2010, the Administrator 
        shall establish a program to create market incentives for the 
        development of safer alternatives to existing chemical 
        substances that reduce or avoid the use and generation of 
        hazardous substances.
            ``(2) Requirements.--The program under paragraph (1) shall 
        include--
                    ``(A) expedited review of new chemical substances 
                for which the manufacturer or processor 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 or 
                product 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 or rewards; and
                    ``(C) such other incentives, as the Administrator 
                considers to be appropriate to encourage the 
                development, marketing, and use of chemical substances 
                or products determined by the Administrator to be safer 
                alternatives for the particular uses, such as job 
                training and worker assistance.
    ``(b) Green Chemistry Research Network.--The Administrator shall 
establish a network of not fewer than 4 green chemistry and engineering 
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 under section 6(a).
    ``(c) Green Chemistry and Engineering Research Grants.--The 
Administrator shall make grants to promote and support the research, 
development, and adoption of safer alternatives to hazardous 
substances.
    ``(d) Green Chemistry Workforce Education and Training Program.--
            ``(1) In general.--The Administrator shall create a program 
        to facilitate the development of a workforce, including 
        industrial and scientific workers, that produces safer 
        alternatives to existing chemical substances.
            ``(2) Goals.--The goals of the program are to provide 
        workforce training on skills that will--
                    ``(A) facilitate the expansion of green chemistry;
                    ``(B) develop scientific and technical leadership 
                in green chemistry;
                    ``(C) facilitate the successful and safe 
                integration of green chemistry into infrastructure 
                projects;
                    ``(D) inform and engage communities about green 
                chemistry; and
                    ``(E) promote innovation and strong public health 
                and environmental protections.
            ``(3) Implementation.--The Administration shall implement 
        the program to achieve its goals as described in this Act, 
        including by--
                    ``(A) helping to develop a broad range of skills 
                relevant to the production and use of such safer 
                alternatives, including their design, manufacturing, 
                and use and disposal;
                    ``(B) offering to develop partnerships with 
                educational institutions, training organizations, 
                private sector companies, and community organizations; 
                and
                    ``(C) provide grants to state and local governments 
                and to the partnerships established pursuant to 
                paragraph (B) to promote and support activities 
                consistent with achieving the goals of this program.

``SEC. 33. 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 international efforts as 
appropriate--
            ``(1) to develop a common protocol or electronic database 
        relating to chemical substances; or
            ``(2) to develop safer alternatives for chemical 
        substances.

``SEC. 34. RELIABLE INFORMATION AND ADVICE.

    ``Not later than 18 months after the date of enactment of the Safe 
Chemicals Act of 2010, the Administrator shall, by order, establish and 
implement procedures to ensure data reliability including, at a 
minimum, requirements that--
            ``(1) not less than annually, the Administrator randomly 
        inspect commercial and private laboratories that develop the 
        data required under this subchapter on the various properties 
        and characteristics of a chemical substance;
            ``(2) annually, the Administrator perform a comprehensive 
        data audit on a subset, as chosen by the Administrator, of the 
        data submissions submitted by manufacturers and processors 
        under this subchapter;
            ``(3) the Administrator establish and maintain a registry 
        of all health- and safety-related studies initiated in response 
        to requirements under this subchapter;
            ``(4) the Administrator have access to all records of 
        health- and safety-related studies initiated in response to 
        requirements under this subchapter; and
            ``(5) the Administrator require the submitter of any 
        research study conducted by a third party in response to 
        requirements under this subchapter to disclose to the 
        Administrator and the public, at the time of submission, the 
        sources of any funding used for the conduct or publication of 
        the study received by the researchers who conducted the study.

``SEC. 35. HOT SPOTS.

    ``(a) Definitions.--In this section:
            ``(1) Disproportionate exposure.--The term 
        `disproportionate exposure' means residential population 
        exposure to 1 or more toxic chemical substances and mixtures at 
        levels that are significantly greater than the average exposure 
        in the United States, as defined and identified by the 
        Administrator in accordance with the criteria under subsection 
        (b).
            ``(2) Locality.--The term `locality' means any geographical 
        area in which the Administrator identifies disproportionate 
        exposure and may include a county, city, town, neighborhood, 
        census tract, zip code, or other commonly understood political 
        or geographical subdivision.
    ``(b) Criteria.--Not later than 180 days after the date of 
enactment of the Safe Chemicals Act of 2010, the Administrator shall 
promulgate a rule to establish criteria consistent with this section 
to--
            ``(1) define disproportionate exposure; and
            ``(2) identify any locality that is disproportionately 
        exposed.
    ``(c) Identification.--
            ``(1) In general.--Not later than 120 days after 
        promulgation of the rule under subsection (b), the 
        Administrator shall identify localities within the United 
        States subject to disproportionate exposure.
            ``(2) Use of data.--In identifying localities under 
        paragraph (1), the Administrator--
                    ``(A) shall use data contained in the National Air 
                Toxic Assessment Database; and
                    ``(B) may use other data available to the 
                Administrator, including data developed pursuant to--
                            ``(i) the Safe Drinking Water Act (42 
                        U.S.C. 300f et seq.);
                            ``(ii) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.);
                            ``(iii) the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.); and
                            ``(iv) the Emergency Planning and Community 
                        Right-to-Know Act of 1986 (42 U.S.C. 11001 et 
                        seq.).
            ``(3) Public participation.--The Administrator shall 
        provide an opportunity for members of the public to nominate 
        localities for which there may be disproportionate exposure for 
        inclusion in the identification of localities under paragraph 
        (1).
    ``(d) Locality List.--
            ``(1) In general.--Not later than 6 months after completing 
        the identification of localities under subsection (c)(1), the 
        Administrator shall, after notice and consultation with all 
        applicable State, local, county health, and environmental 
        officials, and State, local, and county legislators and other 
        elected officials, publish a list of the localities subject to 
        disproportionate exposure identified pursuant to such 
        subsection in the Federal Register and make the list available 
        electronically.
            ``(2) Updating.--Not later than 5 years after the date of 
        publication of the list under paragraph (1), and at least once 
        every 5 years thereafter, the Administrator shall update and 
        republish the list as necessary. The Administrator may update 
        and republish the list more frequently than every 5 years to 
        add new localities that meet the criteria under subsection (b), 
        or to remove localities when the Administrator has determined 
        that the exposure reduction has been achieved and no further 
        action is needed after actions are taken under subsection (e). 
        The Administrator shall notify all applicable State, local, 
        county health, and environmental officials, and State, local, 
        and county legislators and other elected officials of the 
        updated listing.
    ``(e) No Judicial Review; Nondiscretionary Duty.--
            ``(1) No judicial review.--The following actions shall not 
        be subject to judicial review:
                    ``(A) A decision to identify a locality pursuant to 
                subsection (c)(1) to be included on the list published 
                pursuant to subsection (d)(1).
                    ``(B) A decision in response to nominations 
                submitted pursuant to subsection (c)(3).
                    ``(C) A decision to list localities or update the 
                list pursuant to subsection (d)(2).
            ``(2) Nondiscretionary duty.--Notwithstanding paragraph 
        (1), the failure of the Administrator to publish the list of 
        list localities or update the list in accordance with this 
        section shall be--
                    ``(A) considered to be a failure to perform a 
                nondiscretionary duty; and
                    ``(B) subject to judicial review.
    ``(f) Action Plans.--
            ``(1) In general.--Not later than 1 year after publishing 
        or updating the list under subsection (d), the Administrator 
        shall develop and publish, for each locality identified on the 
        list, an action plan that includes--
                    ``(A) an identification of the chemical substances 
                and mixtures that contribute to the disproportionate 
                exposure (including exposure levels, sources, and 
                pathways); and
                    ``(B) a description of actions to be undertaken by 
                the Administrator, to reduce disproportionate exposure 
                within the locality.
            ``(2) Goals.--The goal of each action plan under this 
        subsection shall be to reduce disproportionate exposure within 
        the locality by establishing the following:
                    ``(A) A percentage exposure reduction goal for each 
                chemical substance and mixture.
                    ``(B) A timeline to achieve such a percentage 
                exposure reduction goal.
    ``(g) Report to Congress.--The Administrator shall--
            ``(1) prepare and submit to Congress an annual report 
        identifying--
                    ``(A) each locality added to the list in the prior 
                year under subsection (d);
                    ``(B) each action plan developed in the prior year 
                under subsection (e); and
                    ``(C) the progress on each action plan to date; and
            ``(2) make the report available to the public in electronic 
        format.

``SEC. 36. APPLICATION OF THIS ACT TO FEDERAL AGENCIES.

    ``(a) In General.--Except as provided in subsection (e), each 
Federal agency, and any officer, agent, or employee thereof, shall be 
subject to, and comply with, all applicable requirements of this 
chapter, both substantive and procedural, in the same manner, and to 
the same extent, as any person subject to such requirements. The 
substantive and procedural requirements referred to in this subsection 
include--
            ``(1) any administrative order;
            ``(2) any civil or administrative penalty or fine, 
        regardless of whether such penalty or fine is punitive or 
        coercive in nature or is imposed for isolated, intermittent, or 
        continuing violations;
            ``(3) any requirement for reporting;
            ``(4) any provision for injunctive relief and such 
        sanctions as may be imposed by a court to enforce such relief; 
        and
            ``(5) payment of reasonable service charges.
    ``(b) Waiver of Immunity.--The United States expressly waives any 
immunity otherwise applicable to the United States with respect to any 
substantive or procedural requirement referred to under subsection (a).
    ``(c) Civil Penalties.--No agent, employee, or officer of the 
United States shall be personally liable for any civil penalty under 
this chapter with respect to any act or omission within the scope of 
the official duties of the agent, employee, or officer.
    ``(d) Criminal Sanctions.--An agent, employee, or officer of the 
United States shall be subject to any criminal sanction (including any 
fine or imprisonment) under this chapter, but no department, agency, or 
instrumentality of the executive, legislative, or judicial branch of 
the Federal Government shall be subject to any such sanction.
    ``(e) Exemption.--
            ``(1) In general.--If the President determines it is in the 
        paramount interest of the United States, the President may 
        grant an exemption for any Federal agency from compliance with 
        any requirement of this chapter.
            ``(2) Lack of appropriation.--No exemption shall be granted 
        under paragraph (1) due to lack of appropriation unless the 
        President has specifically requested such appropriation as a 
        part of the budgetary process and the Congress has failed to 
        make available such requested appropriation.
            ``(3) Period of exemption.--Any exemption granted under 
        paragraph (1) shall be for a period of not more than 1 year, 
        but additional exemptions may be granted for periods not to 
        exceed 1 year upon the President's making a new determination 
        that such exemption is in the paramount interest of the United 
        States.
            ``(4) Report.--Each January after the date of enactment of 
        this section, the President shall report to the Congress all 
        exemptions under this subsection granted during the preceding 
        calendar year, together with the reason for granting each such 
        exemption.
    ``(f) Administrative Enforcement Actions.--
            ``(1) In general.--The Administrator may commence an 
        administrative enforcement action against any Federal agency 
        pursuant to the enforcement authorities contained in this 
        chapter. The Administrator shall initiate an administrative 
        enforcement action against such a department, agency, or 
        instrumentality in the same manner and under the same 
        circumstances as an action would be initiated against another 
        person. Any voluntary resolution or settlement of an 
        administrative enforcement action shall be set forth in a 
        consent order.
            ``(2) Final.--No administrative order issued to a Federal 
        department, agency, or instrumentality shall become final until 
        such department, agency, or instrumentality has had the 
        opportunity to confer with the Administrator.

``SEC. 37. IMPLEMENTATION OF STOCKHOLM CONVENTION, THE LRTAP POPS 
              PROTOCOL, AND THE ROTTERDAM CONVENTION.

    ``(a) Definitions.--
            ``(1) Chemical.--The term `chemical' includes any substance 
        or mixture of substances, including as part of an article.
            ``(2) Meeting of the parties.--The phrase `meeting of the 
        parties' means--
                    ``(A) the Conference of the Parties established by 
                and operating under Article 19 of the Stockholm 
                Convention;
                    ``(B) the Executive Body established by and 
                operating under Article 10 of the LRTAP POPs 
                Convention; and
                    ``(C) the Conference of the Parties established by 
                and operating under Article 18 of the Rotterdam 
                Convention.
            ``(3) LRTAP convention.--The term `LRTAP Convention' means 
        the Convention on Long-Range Transboundary Air Pollution, done 
        at Geneva on November 13, 1979 (TIAS 10541), and any subsequent 
        amendments to which the United States is a party.
            ``(4) LRTAP pops chemical.--The term `LRTAP POPs chemical' 
        means any chemical listed on any Annex of the LRTAP POPs 
        Protocol, if such listing has entered into force for the United 
        States.
            ``(5) LRTAP pops protocol.--The term `LRTAP POPs Protocol' 
        means the Protocol on Persistent Organic Pollutants to the 
        LRTAP Convention, done at Aarhus on June 24, 1998, and any 
        subsequent amendment to which the United States is a party.
            ``(6) PIC chemical.--The term `PIC chemical' means any 
        chemical identified by notification to the Secretariat of the 
        Rotterdam Convention by the United States as banned or severely 
        restricted in the United States, and any chemical listed on any 
        Annex of the Rotterdam Convention, if such listing has entered 
        into force for the United States.
            ``(7) Pops chemical.--The term `POPs chemical' means any 
        chemical that is listed on any Annex of the Stockholm 
        Convention, if such listing has entered into force for the 
        United States.
            ``(8) Rotterdam convention.--The term `Rotterdam 
        Convention' means the Rotterdam Convention on the Prior 
        Informed Consent Procedure for Certain Hazardous Chemicals and 
        Pesticides in International Trade, done at Rotterdam on 
        September 10, 1998, and any subsequent amendment to which the 
        United States is a party.
            ``(9) Stockholm convention.--The term `Stockholm 
        Convention' means the Stockholm Convention on Persistent 
        Organic Pollutants, done at Stockholm on May 22, 2001, and any 
        subsequent amendment to which the United States is a party.
    ``(b) Core Implementation Provisions.--
            ``(1) In general.--The Administrator, in cooperation with 
        any appropriate Federal agency, shall implement and support the 
        implementation by the United States of the provisions, that 
        have entered into force for the United States, of the Stockholm 
        Convention, the LRTAP POPs Protocol, and the Rotterdam 
        Convention.
            ``(2) Prohibitions.--Notwithstanding any other provision of 
        law, no person may manufacture, process, distribute in 
        commerce, use, dispose of, or take any other action with 
        respect to a POPs chemical, LRTAP POPs chemical, or PIC 
        chemical in a manner inconsistent with applicable obligations 
        for that chemical under the Stockholm Convention, LRTAP POPs 
        Protocol, or Rotterdam Convention.
            ``(3) Public notice and comment.--
                    ``(A) The Administrator shall provide timely public 
                notice and opportunity to comment on a chemical 
                proposed for listing to any Annex to the Stockholm 
                Convention, the LRTAP POPs Protocol, or the Rotterdam 
                Convention. The Administrator shall identify in the 
                notice any relevant toxicity, exposure, and risk 
                information on the chemical known to the Administrator, 
                and any domestic activities involving the chemical 
                known to the Administrator. Any interested person may 
                provide relevant comment and information on the 
                chemical in response to that notice. The Administrator 
                may, if the Administrator determines it to be necessary 
                to assist the United States in its review, require the 
                provision of relevant information related to a proposed 
                chemical from any person. Such comment and information 
                shall be considered in the Administrator's review of 
                the proposal and shall be placed in an established 
                public docket.
                    ``(B) The Administrator shall also provide timely 
                public notice and opportunity to comment after a 
                recommendation is made to list a chemical on any Annex 
                to the Stockholm Convention, the LRTAP POPs Protocol, 
                or the Rotterdam Convention. The Administrator shall 
                provide such notice in advance of the Meeting of the 
                Parties at which the recommendation is to be 
                considered. The Administrator shall request comment and 
                information on all aspects of such recommendation and 
                may, if the Administrator determines it to be necessary 
                to assist the United States in its review, require the 
                provision of relevant information related to a proposed 
                chemical from any person. Such comment and information 
                shall be considered in the Administrator's review of 
                the listing recommendation and shall be placed in an 
                established public docket.
                    ``(C) The Administrator shall also provide public 
                notice and opportunity to comment on any decision by 
                the Meeting of the Parties to list a chemical on any 
                Annex to the Stockholm Convention. No later than 30 
                days after such decision becomes available, the 
                Administrator shall provide in the notice a description 
                of the amendments to the instruments and shall identify 
                changes to any current domestic activities that the 
                Administrator believes, based on information available 
                to the Administrator, would be necessary should the 
                United States choose to be bound by the listing 
                decision. Any interested person may provide relevant 
                comment and information in response to that notice. 
                Such comment and information shall be considered in the 
                Administrator's review of the decision and shall be 
                placed in an established public docket.
                    ``(D) No later than 30 days after the United States 
                deposits its instrument of ratification for the 
                Stockholm Convention, the LRTAP POPs Protocol, or the 
                Rotterdam Convention, or no later than 30 days after 
                the listing of any chemical subsequently added under 
                those instruments has entered into force for the United 
                States (whichever comes sooner), the Administrator 
                shall provide notice of the chemicals that are subject 
                to those instruments and shall provide similar public 
                notice of any chemical subsequently added under those 
                instruments. In providing such notice, the 
                Administrator may specify the requirements that are 
                applicable for individual chemicals.
            ``(4) General rulemaking authority.--The Administrator may 
        prescribe regulations to carry out the provisions of the 
        Stockholm Convention, the LRTAP POPs Protocol, and the 
        Rotterdam Convention, or to ensure compliance with any 
        obligations under such instruments.
            ``(5) Applicable obligation.--If a chemical is subject to 
        obligations under more than one of the instruments listed in 
        paragraph (4), the most stringent of such obligations shall 
        apply to ensure compliance with each of those instruments.
    ``(c) Enforcement.--The prohibitions and any other requirements of 
this part shall be enforced in the same manner as final rules or orders 
under section 2605 of the Toxic Substances Control Act.''.
    (b) Conforming Amendments.--The table of contents for the Toxic 
Substances Control Act (15 U.S.C. 2601 et seq.) is amended--
            (1) by striking the item relating to section 2 and 
        inserting the following:

``Sec. 2. Findings, policy, and goal.'';
            (2) by striking the item relating to section 4 and 
        inserting the following:

``Sec. 4. Minimum data set and testing of chemical substances and 
                            mixtures.'';
            (3) by striking the item relating to section 6 and 
        inserting the following:

``Sec. 6. Prioritization, safety standard determination, and risk 
                            management.'';
            (4) by striking the items relating to sections 29 through 
        31; and
            (5) by adding after the item relating to section 28 the 
        following:

``Sec. 29. Expedited action on chemicals of highest concern.
``Sec. 30. Children's Environmental Health Research Program.
``Sec. 31. Reduction of animal-based testing.
``Sec. 32. Safer alternatives and green chemistry and engineering.
``Sec. 33. Cooperation with international efforts.
``Sec. 34. Reliable information and advice.
``Sec. 35. Hot spots.
``Sec. 36. Application of this Act to Federal agencies.
``Sec. 37. Implementation of Stockholm Convention, the LRTAP Pops 
                            Protocol, and the Rotterdam Convention.
``Sec. 38. Annual report.
``Sec. 39. Authorization of appropriations.''.
                                 <all>
```