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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 697 Reported in Senate (RS)]

                                                       Calendar No. 121
114th CONGRESS
  1st Session
                                 S. 697

To amend the Toxic Substances Control Act to reauthorize and modernize 
                   that Act, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 10, 2015

   Mr. Udall (for himself, Mr. Vitter, Mr. Manchin, Mr. Inhofe, Mr. 
 Carper, Mr. Blunt, Mr. Coons, Mr. Boozman, Mr. Donnelly, Mrs. Capito, 
 Mr. Heinrich, Mr. Cassidy, Ms. Heitkamp, Mr. Crapo, Ms. Stabenow, Mr. 
Hoeven, Mr. Portman, Mr. Warner, Mr. Peters, Mr. Rounds, Mr. Brown, Mr. 
 Thune, Mr. Barrasso, Mr. Booker, Mr. Cornyn, Mr. Cotton, Mr. Isakson, 
Mr. Kaine, Mrs. McCaskill, Mr. Merkley, Ms. Murkowski, Mr. Murphy, Mr. 
Rubio, Mr. Scott, Mrs. Shaheen, Mr. Whitehouse, Mr. Casey, Mr. Perdue, 
  Ms. Klobuchar, Mr. Coats, and Mr. Toomey) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

                             June 17, 2015

               Reported by Mr. Inhofe, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
To amend the Toxic Substances Control Act to reauthorize and modernize 
                   that Act, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

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

<DELETED>SEC. 2. FINDINGS, POLICY, AND INTENT.</DELETED>

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

<DELETED>SEC. 3. DEFINITIONS.</DELETED>

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

<DELETED>SEC. 4. POLICIES, PROCEDURES, AND GUIDANCE.</DELETED>

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

<DELETED>``SEC. 3A. POLICIES, PROCEDURES, AND GUIDANCE.</DELETED>

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

<DELETED>SEC. 5. TESTING OF CHEMICAL SUBSTANCES OR MIXTURES.</DELETED>

<DELETED>    (a) In General.--Section 4 of the Toxic Substances Control 
Act (15 U.S.C. 2603) is amended--</DELETED>
        <DELETED>    (1) by striking subsections (a), (b), (c), (d), 
        and (g);</DELETED>
        <DELETED>    (2) by redesignating subsections (e) and (f) as 
        subsections (f) and (g), respectively;</DELETED>
        <DELETED>    (3) in subsection (f) (as so redesignated)--
        </DELETED>
                <DELETED>    (A) by striking ``rule'' each place it 
                appears and inserting ``rule, testing consent 
                agreement, or order'';</DELETED>
                <DELETED>    (B) by striking ``under subsection (a)'' 
                each place it appears and inserting ``under this 
                subsection''; and</DELETED>
                <DELETED>    (C) in paragraph (1)(B), in the last 
                sentence, by striking ``rulemaking'';</DELETED>
        <DELETED>    (4) in subsection (g) (as so redesignated)--
        </DELETED>
                <DELETED>    (A) in the first sentence, by striking 
                ``from cancer, gene mutations, or birth defects''; 
                and</DELETED>
                <DELETED>    (B) by striking the last sentence; 
                and</DELETED>
        <DELETED>    (5) by inserting before subsection (f) (as so 
        redesignated) the following:</DELETED>
<DELETED>    ``(a) Development of New Information on Chemical 
Substances and Mixtures.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator may require 
        the development of new information relating to a chemical 
        substance or mixture in accordance with this section if the 
        Administrator determines that the information is necessary--
        </DELETED>
                <DELETED>    ``(A) to review a notice under section 
                5(d) or to perform a safety assessment or safety 
                determination under section 6;</DELETED>
                <DELETED>    ``(B) to implement a requirement imposed 
                in a consent agreement or order issued under section 
                5(d)(4) or under a rule promulgated under section 
                6(d)(3);</DELETED>
                <DELETED>    ``(C) pursuant to section 12(a)(4); 
                or</DELETED>
                <DELETED>    ``(D) at the request of the implementing 
                authority under another Federal law, to meet the 
                regulatory testing needs of that authority.</DELETED>
        <DELETED>    ``(2) Limited testing for prioritization 
        purposes.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B), the Administrator may require the 
                development of new information for the purposes of 
                section 4A.</DELETED>
                <DELETED>    ``(B) Prohibition.--Testing required under 
                subparagraph (A) shall not be required for the purpose 
                of establishing or implementing a minimum information 
                requirement.</DELETED>
                <DELETED>    ``(C) Limitation.--The Administrator may 
                require the development of new information pursuant to 
                subparagraph (A) only if the Administrator determines 
                that additional information is necessary to establish 
                the priority of a chemical substance.</DELETED>
        <DELETED>    ``(3) Form.--Subject to section 3A(h), the 
        Administrator may require the development of information 
        described in paragraph (1) or (2) by--</DELETED>
                <DELETED>    ``(A) promulgating a rule;</DELETED>
                <DELETED>    ``(B) entering into a testing consent 
                agreement; or</DELETED>
                <DELETED>    ``(C) issuing an order.</DELETED>
        <DELETED>    ``(4) Contents.--</DELETED>
                <DELETED>    ``(A) In general.--A rule, testing consent 
                agreement, or order issued under this subsection shall 
                include--</DELETED>
                        <DELETED>    ``(i) identification of the 
                        chemical substance or mixture for which testing 
                        is required;</DELETED>
                        <DELETED>    ``(ii) identification of the 
                        persons required to conduct the 
                        testing;</DELETED>
                        <DELETED>    ``(iii) test protocols and 
                        methodologies for the development of test data 
                        and information for the chemical substance or 
                        mixture, including specific reference to 
                        reliable nonanimal test procedures; 
                        and</DELETED>
                        <DELETED>    ``(iv) specification of the period 
                        within which individuals and entities required 
                        to conduct the testing shall submit to the 
                        Administrator the information developed in 
                        accordance with the procedures described in 
                        clause (iii).</DELETED>
                <DELETED>    ``(B) Considerations.--In determining the 
                procedures and period to be required under subparagraph 
                (A), the Administrator shall take into consideration--
                </DELETED>
                        <DELETED>    ``(i) the relative costs of the 
                        various test protocols and methodologies that 
                        may be required; and</DELETED>
                        <DELETED>    ``(ii) the reasonably foreseeable 
                        availability of facilities and personnel 
                        required to perform the testing.</DELETED>
<DELETED>    ``(b) Statement of Need.--</DELETED>
        <DELETED>    ``(1) In general.--In promulgating a rule, 
        entering into a testing consent agreement, or issuing an order 
        for the development of additional information (including 
        information on exposure or exposure potential) pursuant to this 
        section, the Administrator shall--</DELETED>
                <DELETED>    ``(A) identify the need intended to be met 
                by the rule, agreement, or order;</DELETED>
                <DELETED>    ``(B) explain why information reasonably 
                available to the Administrator at that time is 
                inadequate to meet that need, including a reference, as 
                appropriate, to the information identified in paragraph 
                (2)(B); and</DELETED>
                <DELETED>    ``(C) explain the basis for any decision 
                that requires the use of vertebrate animals.</DELETED>
        <DELETED>    ``(2) Explanation in case of order.--</DELETED>
                <DELETED>    ``(A) In general.--If the Administrator 
                issues an order under this section, the Administrator 
                shall issue a statement providing a justification for 
                why issuance of an order is warranted instead of 
                promulgating a rule or entering into a testing consent 
                agreement.</DELETED>
                <DELETED>    ``(B) Contents.--A statement described in 
                subparagraph (A) shall contain a description of--
                </DELETED>
                        <DELETED>    ``(i) information that is readily 
                        accessible to the Administrator, including 
                        information submitted under any other provision 
                        of law;</DELETED>
                        <DELETED>    ``(ii) the extent to which the 
                        Administrator has obtained or attempted to 
                        obtain the information through voluntary 
                        submissions; and</DELETED>
                        <DELETED>    ``(iii) any information relied on 
                        in safety assessments for other chemical 
                        substances relevant to the chemical substances 
                        that would be the subject of the 
                        order.</DELETED>
<DELETED>    ``(c) Reduction of Testing on Vertebrates.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator shall 
        minimize, to the extent practicable, the use of vertebrate 
        animals in testing of chemical substances or mixtures, by--
        </DELETED>
                <DELETED>    ``(A) encouraging and facilitating--
                </DELETED>
                        <DELETED>    ``(i) the use of integrated and 
                        tiered testing and assessment 
                        strategies;</DELETED>
                        <DELETED>    ``(ii) the use of best available 
                        science in existence on the date on which the 
                        test is conducted;</DELETED>
                        <DELETED>    ``(iii) the use of test methods 
                        that eliminate or reduce the use of animals 
                        while providing information of high scientific 
                        quality;</DELETED>
                        <DELETED>    ``(iv) the grouping of 2 or more 
                        chemical substances into scientifically 
                        appropriate categories in cases in which 
                        testing of a chemical substance would provide 
                        reliable and useful information on other 
                        chemical substances in the category;</DELETED>
                        <DELETED>    ``(v) the formation of industry 
                        consortia to jointly conduct testing to avoid 
                        unnecessary duplication of tests; and</DELETED>
                        <DELETED>    ``(vi) the submission of 
                        information from--</DELETED>
                                <DELETED>    ``(I) animal-based 
                                studies; and</DELETED>
                                <DELETED>    ``(II) emerging methods 
                                and models; and</DELETED>
                <DELETED>    ``(B) funding research and validation 
                studies to reduce, refine, and replace the use of 
                animal tests in accordance with this 
                subsection.</DELETED>
        <DELETED>    ``(2) Implementation of alternative testing 
        methods.--To promote the development and timely incorporation 
        of new testing methods that are not based on vertebrate 
        animals, the Administrator shall--</DELETED>
                <DELETED>    ``(A) 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 
                under this title that can reduce, refine, or replace 
                the use of vertebrate animals, including toxicity 
                pathway-based risk assessment, in vitro studies, 
                systems biology, computational toxicology, 
                bioinformatics, and high-throughput 
                screening;</DELETED>
                <DELETED>    ``(B) as practicable, ensure that the 
                strategic plan developed under subparagraph (A) is 
                reflected in the development of requirements for 
                testing under this section;</DELETED>
                <DELETED>    ``(C) beginning on the date that is 5 
                years after the date of enactment of the Frank R. 
                Lautenberg Chemical Safety for the 21st Century Act and 
                every 5 years thereafter, submit to Congress a report 
                that describes the progress made in implementing this 
                subsection and goals for future alternative test 
                methods implementation; and</DELETED>
                <DELETED>    ``(D) fund and carry out research, 
                development, performance assessment, and translational 
                studies to accelerate the development of test methods 
                and testing strategies that reduce, refine, or replace 
                the use of vertebrate animals in any testing under this 
                title.</DELETED>
        <DELETED>    ``(3) Criteria for adapting or waiving animal 
        testing requirements.--On request from a manufacturer or 
        processor that is required to conduct testing of a chemical 
        substance or mixture on vertebrate animals under this section, 
        the Administrator may adapt or waive the requirement, if the 
        Administrator determines that--</DELETED>
                <DELETED>    ``(A) there is sufficient evidence from 
                several independent sources of information to support a 
                conclusion that a chemical substance or mixture has, or 
                does not have, a particular property if the information 
                from each individual source alone is insufficient to 
                support the conclusion;</DELETED>
                <DELETED>    ``(B) as a result of 1 or more physical or 
                chemical properties of the chemical substance or 
                mixture or other toxicokinetic considerations--
                </DELETED>
                        <DELETED>    ``(i) the substance cannot be 
                        absorbed; or</DELETED>
                        <DELETED>    ``(ii) testing for a specific 
                        endpoint is technically not practicable to 
                        conduct; or</DELETED>
                <DELETED>    ``(C) a chemical substance or mixture 
                cannot be tested in vertebrate animals at 
                concentrations that do not result in significant pain 
                or distress, because of physical or chemical properties 
                of the chemical substance or mixture, such as a 
                potential to cause severe corrosion or severe 
                irritation to the tissues of the animal.</DELETED>
<DELETED>    ``(d) Testing Requirements.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator may require 
        the development of information by--</DELETED>
                <DELETED>    ``(A) manufacturers and processors of the 
                chemical substance or mixture; and</DELETED>
                <DELETED>    ``(B) persons that begin to manufacture or 
                process the chemical substance or mixture--</DELETED>
                        <DELETED>    ``(i) after the effective date of 
                        the rule, testing consent agreement, or order; 
                        but</DELETED>
                        <DELETED>    ``(ii) subject to paragraph (3), 
                        before the period ending on the date that is 
                        180 days after the end of the period described 
                        in this section.</DELETED>
        <DELETED>    ``(2) Designation.--The Administrator may permit 2 
        or more persons identified in subparagraph (A) or (B) of 
        paragraph (1) to designate 1 of the persons or a qualified 
        third party--</DELETED>
                <DELETED>    ``(A) to develop the information; 
                and</DELETED>
                <DELETED>    ``(B) to submit the information on behalf 
                of the persons making the designation.</DELETED>
        <DELETED>    ``(3) Exemptions.--</DELETED>
                <DELETED>    ``(A) In general.--A person otherwise 
                subject to a rule, testing consent agreement, or order 
                under this section may submit to the Administrator an 
                application for an exemption on the basis that the 
                information is being developed by a person designated 
                under paragraph (2).</DELETED>
                <DELETED>    ``(B) Fair and equitable reimbursement to 
                designee.--</DELETED>
                        <DELETED>    ``(i) In general.--If the 
                        Administrator accepts an application submitted 
                        under subparagraph (A), the Administrator shall 
                        direct the applicant to provide to the person 
                        designated under paragraph (2) fair and 
                        equitable reimbursement, as agreed to between 
                        the applicant and the designee.</DELETED>
                        <DELETED>    ``(ii) Arbitration.--If the 
                        applicant and a person designated under 
                        paragraph (2) cannot reach agreement on the 
                        amount of fair and equitable reimbursement, the 
                        amount shall be determined by 
                        arbitration.</DELETED>
                <DELETED>    ``(C) Termination.--If, after granting an 
                exemption under this paragraph, the Administrator 
                determines that a person covered by the exemption has 
                failed to comply with the rule, testing consent 
                agreement, or order, the Administrator shall--
                </DELETED>
                        <DELETED>    ``(i) by order, terminate the 
                        exemption; and</DELETED>
                        <DELETED>    ``(ii) notify in writing each 
                        person that received an exemption of the 
                        requirements with respect to which the 
                        exemption was granted.</DELETED>
<DELETED>    ``(e) Transparency.--Subject to section 14, the 
Administrator shall make available to the public all testing consent 
agreements and orders and all information submitted under this 
section.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Section 104(i)(5)(A) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(i)(5)(A)) is amended in the third sentence by 
striking ``section 4(e)'' and inserting ``section 4(f)''.</DELETED>

<DELETED>SEC. 6. PRIORITIZATION SCREENING.</DELETED>

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

<DELETED>``SEC. 4A. PRIORITIZATION SCREENING.</DELETED>

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

<DELETED>SEC. 7. NEW CHEMICALS AND SIGNIFICANT NEW USES.</DELETED>

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

<DELETED>``SEC. 5. NEW CHEMICALS AND SIGNIFICANT NEW USES.'';</DELETED>

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

<DELETED>SEC. 8. SAFETY ASSESSMENTS AND SAFETY 
              DETERMINATIONS.</DELETED>

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

<DELETED>``SEC. 6. SAFETY ASSESSMENTS AND SAFETY 
              DETERMINATIONS.'';</DELETED>

        <DELETED>    (2) by redesignating subsections (e) and (f) as 
        subsections (g) and (h), respectively;</DELETED>
        <DELETED>    (3) by striking subsections (a) through (d) and 
        inserting the following:</DELETED>
<DELETED>    ``(a) In General.--The Administrator--</DELETED>
        <DELETED>    ``(1) shall conduct a safety assessment and make a 
        safety determination of each high-priority substance in 
        accordance with subsections (b) and (c);</DELETED>
        <DELETED>    ``(2) shall, as soon as practicable and not later 
        than 6 months after the date on which a chemical substance is 
        designated as a high-priority substance, define the scope of 
        the safety assessment and safety determination to be conducted 
        pursuant to this section, including the hazards, exposures, 
        conditions of use, and potentially exposed or susceptible 
        populations that the Administrator expects to 
        consider;</DELETED>
        <DELETED>    ``(3) as appropriate based on the results of a 
        safety determination, shall establish restrictions pursuant to 
        subsection (d);</DELETED>
        <DELETED>    ``(4) shall complete a safety assessment and 
        safety determination not later than 3 years after the date on 
        which a chemical substance is designated as a high-priority 
        substance;</DELETED>
        <DELETED>    ``(5) shall promulgate a final rule pursuant to 
        subsection (d) by not later than 2 years after the date on 
        which the safety determination is completed; and</DELETED>
        <DELETED>    ``(6) may extend any deadline under this 
        subsection for a reasonable period of time after an adequate 
        public justification, subject to the condition that the 
        aggregate length of all extensions of deadlines under 
        paragraphs (4) and (5) and any deferral under subsection (c)(2) 
        does not exceed 2 years.</DELETED>
<DELETED>    ``(b) Prior Actions.--</DELETED>
        <DELETED>    ``(1) Prior-initiated assessments.--</DELETED>
                <DELETED>    ``(A) In general.--Nothing in this Act 
                prevents the Administrator from initiating a safety 
                assessment or safety determination regarding a chemical 
                substance, or from continuing or completing such a 
                safety assessment or safety determination that was 
                initiated before the date of enactment of the Frank R. 
                Lautenberg Chemical Safety for the 21st Century Act, 
                prior to the effective date of the policies and 
                procedures required to be established by the 
                Administrator under section 3A or 4A.</DELETED>
                <DELETED>    ``(B) Integration of prior policies and 
                procedures.--As policies and procedures under section 
                3A and 4A are established, to the maximum extent 
                practicable, the Administrator shall integrate the 
                policies and procedures into ongoing safety assessments 
                and safety determinations.</DELETED>
        <DELETED>    ``(2) Actions completed prior to completion of 
        policies and procedures.--Nothing in this Act requires the 
        Administrator to revise or withdraw a completed safety 
        assessment, safety determination, or rule solely because the 
        action was completed prior to the completion of a policy or 
        procedure established under section 3A or 4A, and the validity 
        of a completed assessment, determination, or rule shall not be 
        determined based on the content of such a policy or 
        procedure.</DELETED>
<DELETED>    ``(c) Safety Determinations.--</DELETED>
        <DELETED>    ``(1) In general.--Based on a review of the 
        information available to the Administrator, including draft 
        safety assessments submitted by interested persons, and subject 
        to section 18, the Administrator shall determine that--
        </DELETED>
                <DELETED>    ``(A) the relevant chemical substance 
                meets the safety standard;</DELETED>
                <DELETED>    ``(B) the relevant chemical substance does 
                not meet the safety standard, in which case the 
                Administrator shall, by rule under subsection (d)--
                </DELETED>
                        <DELETED>    ``(i) impose restrictions 
                        necessary to ensure that the chemical substance 
                        meets the safety standard under the conditions 
                        of use; or</DELETED>
                        <DELETED>    ``(ii) if the safety standard 
                        cannot be met with the application of 
                        restrictions, ban or phase out the chemical 
                        substance, as appropriate; or</DELETED>
                <DELETED>    ``(C) additional information is necessary 
                in order to make a determination under subparagraph (A) 
                or (B), in which case the Administrator shall take 
                appropriate action under paragraph (2).</DELETED>
        <DELETED>    ``(2) Additional information.--If the 
        Administrator determines that additional information is 
        necessary to make a safety assessment or safety determination 
        for a high-priority substance, the Administrator--</DELETED>
                <DELETED>    ``(A) shall provide an opportunity for 
                interested persons to submit the additional 
                information;</DELETED>
                <DELETED>    ``(B) may promulgate a rule, enter into a 
                testing consent agreement, or issue an order under 
                section 4 to require the development of the 
                information;</DELETED>
                <DELETED>    ``(C) may defer, for a reasonable period 
                consistent with the deadlines described in subsection 
                (a), a safety assessment and safety determination until 
                after receipt of the information; and</DELETED>
                <DELETED>    ``(D) consistent with the deadlines 
                described in subsection (a), on receipt of information 
                the Administrator finds supports the safety assessment 
                and safety determination, shall make a determination 
                under paragraph (1).</DELETED>
        <DELETED>    ``(3) Establishment of deadline.--In requesting 
        the development or submission of information under this 
        section, the Administrator shall establish a deadline for the 
        submission of the information.</DELETED>
<DELETED>    ``(d) Rule.--</DELETED>
        <DELETED>    ``(1) Implementation.--If the Administrator makes 
        a determination under subsection (c)(1)(B) with respect to a 
        chemical substance, the Administrator shall promulgate a rule 
        establishing restrictions necessary to ensure that the chemical 
        substance meets the safety standard.</DELETED>
        <DELETED>    ``(2) Scope.--The rule promulgated pursuant to 
        this subsection--</DELETED>
                <DELETED>    ``(A) may--</DELETED>
                        <DELETED>    ``(i) apply to mixtures containing 
                        the chemical substance, as appropriate; 
                        and</DELETED>
                        <DELETED>    ``(ii) exempt replacement parts 
                        for articles manufactured prior to the 
                        applicable compliance deadline; and</DELETED>
                <DELETED>    ``(B) shall include dates by which 
                compliance is mandatory, which--</DELETED>
                        <DELETED>    ``(i) shall be as soon as 
                        practicable; and</DELETED>
                        <DELETED>    ``(ii) as determined by the 
                        Administrator, may vary for different affected 
                        persons.</DELETED>
                <DELETED>    ``(C) Workplace exposures.--The 
                Administrator shall consult with the Assistant 
                Secretary of Labor for Occupational Safety and Health 
                before adopting any prohibition or other restriction 
                under this subsection to address workplace 
                exposures.</DELETED>
                <DELETED>    ``(D) Definition of requirement.--For the 
                purposes of this Act, the term `requirement' as used in 
                this section does not displace common law.</DELETED>
        <DELETED>    ``(3) Restrictions.--A restriction under paragraph 
        (1) may include, as appropriate--</DELETED>
                <DELETED>    ``(A) subject to section 18, a requirement 
                that a chemical substance shall be marked with, or 
                accompanied by, clear and adequate minimum warnings and 
                instructions with respect to use, distribution in 
                commerce, or disposal, or any combination of those 
                activities, with the form and content of the minimum 
                warnings and instructions to be prescribed by the 
                Administrator;</DELETED>
                <DELETED>    ``(B) a requirement that manufacturers or 
                processors of the chemical substance shall--</DELETED>
                        <DELETED>    ``(i) make and retain records of 
                        the processes used to manufacture or process 
                        the chemical substance;</DELETED>
                        <DELETED>    ``(ii) describe and apply the 
                        relevant quality control procedures followed in 
                        the manufacturing or processing of the 
                        substance; or</DELETED>
                        <DELETED>    ``(iii) monitor or conduct tests 
                        that are reasonably necessary to ensure 
                        compliance with the requirements of any rule 
                        under this subsection;</DELETED>
                <DELETED>    ``(C) a restriction on the quantity of the 
                chemical substance that may be manufactured, processed, 
                or distributed in commerce;</DELETED>
                <DELETED>    ``(D) a requirement to ban or phase out, 
                or any other rule regarding, the manufacture, 
                processing, or distribution in commerce of the chemical 
                substance for--</DELETED>
                        <DELETED>    ``(i) a particular use;</DELETED>
                        <DELETED>    ``(ii) a particular use at a 
                        concentration in excess of a level specified by 
                        the Administrator; or</DELETED>
                        <DELETED>    ``(iii) all uses;</DELETED>
                <DELETED>    ``(E) a restriction on the quantity of the 
                chemical substance that may be manufactured, processed, 
                or distributed in commerce for--</DELETED>
                        <DELETED>    ``(i) a particular use; 
                        or</DELETED>
                        <DELETED>    ``(ii) a particular use at a 
                        concentration in excess of a level specified by 
                        the Administrator;</DELETED>
                <DELETED>    ``(F) a requirement to ban, phase out, or 
                otherwise restrict any method of commercial use of the 
                chemical substance;</DELETED>
                <DELETED>    ``(G) a requirement to ban, phase out, or 
                otherwise restrict any method of disposal of the 
                chemical substance or any article containing the 
                chemical substance; and</DELETED>
                <DELETED>    ``(H) a requirement directing 
                manufacturers or processors of the chemical substance 
                to give notice of the Administrator's determination 
                under subsection (c)(1)(B) to distributors in commerce 
                of the chemical substance and, to the extent reasonably 
                ascertainable, to other persons in the chain of 
                commerce in possession of the chemical 
                substance.</DELETED>
        <DELETED>    ``(4) Analysis for rulemaking.--</DELETED>
                <DELETED>    ``(A) Considerations.--In deciding which 
                restrictions to impose under paragraph (3) as part of 
                developing a rule under paragraph (1), the 
                Administrator shall take into consideration, to the 
                extent practicable based on reasonably available 
                information, the quantifiable and nonquantifiable costs 
                and benefits of the proposed regulatory action and of 
                the 1 or more primary alternative regulatory actions 
                considered by the Administrator.</DELETED>
                <DELETED>    ``(B) Alternatives.--As part of the 
                analysis, the Administrator shall review any 1 or more 
                technically and economically feasible alternatives to 
                the chemical substance that the Administrator 
                determines are relevant to the rulemaking.</DELETED>
                <DELETED>    ``(C) Public availability.--In proposing a 
                rule under paragraph (1), the Administrator shall make 
                publicly available any analysis conducted under this 
                paragraph.</DELETED>
                <DELETED>    ``(D) Statement required.--In making final 
                a rule under paragraph (1), the Administrator shall 
                include a statement describing how the analysis 
                considered under subparagraph (A) was taken into 
                account.</DELETED>
        <DELETED>    ``(5) Exemptions.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator may 
                exempt 1 or more uses of a chemical substance from any 
                restriction in a rule promulgated under paragraph (1) 
                if the Administrator determines that--</DELETED>
                        <DELETED>    ``(i) the rule cannot be complied 
                        with, without--</DELETED>
                                <DELETED>    ``(I) harming national 
                                security;</DELETED>
                                <DELETED>    ``(II) causing significant 
                                disruption in the national economy due 
                                to the lack of availability of a 
                                chemical substance; or</DELETED>
                                <DELETED>    ``(III) interfering with a 
                                critical or essential use for which no 
                                technically and economically feasible 
                                safer alternative is available, taking 
                                into consideration hazard and exposure; 
                                or</DELETED>
                        <DELETED>    ``(ii) the use of the chemical 
                        substance, as compared to reasonably available 
                        alternatives, provides a substantial benefit to 
                        health, the environment, or public 
                        safety.</DELETED>
                <DELETED>    ``(B) Exemption analysis.--In proposing a 
                rule under paragraph (1) that includes an exemption 
                under this paragraph, the Administrator shall make 
                publicly available any analysis conducted under this 
                paragraph to assess the need for the 
                exemption.</DELETED>
                <DELETED>    ``(C) Statement required.--In making final 
                a rule under paragraph (1) that includes an exemption 
                under this paragraph, the Administrator shall include a 
                statement describing how the analysis considered under 
                subparagraph (B) was taken into account.</DELETED>
                <DELETED>    ``(D) Analysis in case of ban or phase-
                out.--In determining whether an exemption should be 
                granted under this paragraph for a chemical substance 
                for which a ban or phase-out is proposed, the 
                Administrator shall take into consideration, to the 
                extent practicable based on reasonably available 
                information, the quantifiable and nonquantifiable costs 
                and benefits of the 1 or more technically and 
                economically feasible alternatives to the chemical 
                substance most likely to be used in place of the 
                chemical substance under the conditions of use if the 
                rule is promulgated.</DELETED>
                <DELETED>    ``(E) Conditions.--As part of a rule 
                promulgated under paragraph (1), the Administrator 
                shall include conditions in any exemption established 
                under this paragraph, including reasonable 
                recordkeeping, monitoring, and reporting requirements, 
                to the extent that the Administrator determines the 
                conditions are necessary to protect health and the 
                environment while achieving the purposes of the 
                exemption.</DELETED>
                <DELETED>    ``(F) Duration.--</DELETED>
                        <DELETED>    ``(i) In general.--The 
                        Administrator shall establish, as part of a 
                        rule under paragraph (1) that contains an 
                        exemption under this paragraph, a time limit on 
                        any exemption for a time to be determined by 
                        the Administrator as reasonable on a case-by-
                        case basis.</DELETED>
                        <DELETED>    ``(ii) Authority of 
                        administrator.--The Administrator, by rule, may 
                        extend, modify, or eliminate the exemption if 
                        the Administrator determines, on the basis of 
                        reasonably available information and after 
                        adequate public justification, the exemption 
                        warrants extension or is no longer 
                        necessary.</DELETED>
                        <DELETED>    ``(iii) Considerations.--
                        </DELETED>
                                <DELETED>    ``(I) In general.--Subject 
                                to subclause (II), the Administrator 
                                shall issue exemptions and establish 
                                time periods by considering factors 
                                determined by the Administrator to be 
                                relevant to the goals of fostering 
                                innovation and the development of 
                                alternatives that meet the safety 
                                standard.</DELETED>
                                <DELETED>    ``(II) Limitation.--Any 
                                renewal of an exemption in the case of 
                                a rule requiring the ban or phase-out 
                                of a chemical substance shall not 
                                exceed 5 years.</DELETED>
<DELETED>    ``(e) Immediate Effect.--The Administrator may declare a 
proposed rule under subsection (d) to be effective on publication of 
the rule in the Federal Register and until the effective date of final 
action taken respecting the rule, if--</DELETED>
        <DELETED>    ``(1) the Administrator determines that--
        </DELETED>
                <DELETED>    ``(A) the manufacture, processing, 
                distribution in commerce, use, or disposal of the 
                chemical substance or mixture subject to the proposed 
                rule or any combination of those activities is likely 
                to result in an unreasonable risk of serious or 
                widespread harm to health or the environment before the 
                effective date; and</DELETED>
                <DELETED>    ``(B) making the proposed rule so 
                effective is necessary to protect the public interest; 
                and</DELETED>
        <DELETED>    ``(2) in the case of a proposed rule to prohibit 
        the manufacture, processing, or distribution of a chemical 
        substance or mixture because of the risk determined under 
        paragraph (1)(A), a court has granted relief in an action under 
        section 7 with respect to that risk associated with the 
        chemical substance or mixture.</DELETED>
<DELETED>    ``(f) Final Agency Action.--Under this section and subject 
to section 18--</DELETED>
        <DELETED>    ``(1) a safety determination, and the associated 
        safety assessment, for a chemical substance that the 
        Administrator determines under subsection (c) meets the safety 
        standard, shall be considered to be a final agency action, 
        effective beginning on the date of issuance of the final safety 
        determination; and</DELETED>
        <DELETED>    ``(2) a final rule promulgated under subsection 
        (d), and the associated safety assessment and safety 
        determination that a chemical substance does not meet the 
        safety standard, shall be considered to be a final agency 
        action, effective beginning on the date of promulgation of the 
        final rule.''; and</DELETED>
        <DELETED>    (4) in subsection (g) (as redesignated by 
        paragraph (2))--</DELETED>
                <DELETED>    (A) by striking paragraph (4); 
                and</DELETED>
                <DELETED>    (B) by redesignating paragraph (5) as 
                paragraph (4).</DELETED>

<DELETED>SEC. 9. IMMINENT HAZARDS.</DELETED>

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

<DELETED>SEC. 10. INFORMATION COLLECTION AND REPORTING.</DELETED>

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

<DELETED>SEC. 11. RELATIONSHIP TO OTHER FEDERAL LAWS.</DELETED>

<DELETED>    Section 9 of the Toxic Substances Control Act (15 U.S.C. 
2608) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1), in the first 
                sentence--</DELETED>
                        <DELETED>    (i) by striking ``presents or will 
                        present an unreasonable risk to health or the 
                        environment'' and inserting ``does not meet the 
                        safety standard''; and</DELETED>
                        <DELETED>    (ii) by striking ``such risk'' the 
                        first place it appears and inserting ``the risk 
                        posed by the substance or mixture'';</DELETED>
                <DELETED>    (B) in paragraph (2), in the matter 
                following subparagraph (B), by striking ``section 6 or 
                7'' and inserting ``section 6(d) or section 7''; 
                and</DELETED>
                <DELETED>    (C) in paragraph (3), by striking 
                ``section 6 or 7'' and inserting ``section 6(d) or 
                7'';</DELETED>
        <DELETED>    (2) in subsection (d), in the first sentence, by 
        striking ``Health, Education, and Welfare'' and inserting 
        ``Health and Human Services''; and</DELETED>
        <DELETED>    (3) by adding at the end the following:</DELETED>
<DELETED>    ``(e) Exposure Information.--If the Administrator obtains 
information related to exposures or releases of a chemical substance 
that may be prevented or reduced under another Federal law, including 
laws not administered by the Administrator, the Administrator shall 
make such information available to the relevant Federal agency or 
office of the Environmental Protection Agency.''.</DELETED>

<DELETED>SEC. 12. RESEARCH, DEVELOPMENT, COLLECTION, DISSEMINATION, AND 
              UTILIZATION OF DATA.</DELETED>

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

<DELETED>SEC. 13. EXPORTS.</DELETED>

<DELETED>    Section 12 of the Toxic Substances Control Act (15 U.S.C. 
2611) is amended--</DELETED>
        <DELETED>    (1) in subsection (a), by striking paragraph (2) 
        and inserting the following:</DELETED>
        <DELETED>    ``(2) Exception.--Paragraph (1) shall not apply to 
        any chemical substance that the Administrator determines--
        </DELETED>
                <DELETED>    ``(A) under section 5 is not likely to 
                meet the safety standard; or</DELETED>
                <DELETED>    ``(B) under section 6 does not meet the 
                safety standard.</DELETED>
        <DELETED>    ``(3) Waivers.--For a mixture or article 
        containing a chemical substance described in paragraph (2), the 
        Administrator may--</DELETED>
                <DELETED>    ``(A) determine that paragraph (1) shall 
                not apply to the mixture or article; or</DELETED>
                <DELETED>    ``(B) establish a threshold concentration 
                in a mixture or article at which paragraph (1) shall 
                not apply.</DELETED>
        <DELETED>    ``(4) Testing.--The Administrator may require 
        testing under section 4 of any chemical substance or mixture 
        exempted from this Act under paragraph (1) for the purpose of 
        determining whether the chemical substance or mixture meets the 
        safety standard within the United States.'';</DELETED>
        <DELETED>    (2) by striking subsection (b) and inserting the 
        following:</DELETED>
<DELETED>    ``(b) Notice.--</DELETED>
        <DELETED>    ``(1) In general.--A person shall notify the 
        Administrator that the person is exporting or intends to export 
        to a foreign country--</DELETED>
                <DELETED>    ``(A) a chemical substance or a mixture 
                containing a chemical substance that the Administrator 
                has determined under section 5 is not likely to meet 
                the safety standard and for which a prohibition or 
                other restriction has been proposed or established 
                under that section;</DELETED>
                <DELETED>    ``(B) a chemical substance or a mixture 
                containing a chemical substance that the Administrator 
                has determined under section 6 does not meet the safety 
                standard and for which a prohibition or other 
                restriction has been proposed or established under that 
                section;</DELETED>
                <DELETED>    ``(C) a chemical substance for which the 
                United States is obligated by treaty to provide export 
                notification;</DELETED>
                <DELETED>    ``(D) a chemical substance or mixture 
                subject to a prohibition or other restriction pursuant 
                to a rule, order, or consent agreement in effect under 
                this Act; or</DELETED>
                <DELETED>    ``(E) a chemical substance or mixture for 
                which the submission of information is required under 
                section 4.</DELETED>
        <DELETED>    ``(2) Rules.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator shall 
                promulgate rules to carry out paragraph (1).</DELETED>
                <DELETED>    ``(B) Contents.--The rules promulgated 
                pursuant to subparagraph (A) shall--</DELETED>
                        <DELETED>    ``(i) include such exemptions as 
                        the Administrator determines to be appropriate, 
                        which may include exemptions identified under 
                        section 5(h); and</DELETED>
                        <DELETED>    ``(ii) indicate whether, or to 
                        what extent, the rules apply to articles 
                        containing a chemical substance or mixture 
                        described in paragraph (1).</DELETED>
        <DELETED>    ``(3) Notification.--The Administrator shall 
        submit to the government of each country to which a chemical 
        substance or mixture is exported--</DELETED>
                <DELETED>    ``(A) for a chemical substance or mixture 
                described in subparagraph (A), (B), or (D) of paragraph 
                (1), a notice of the determination, rule, order, 
                consent agreement, requirement, or 
                designation;</DELETED>
                <DELETED>    ``(B) for a chemical substance described 
                in paragraph (1)(C), a notice that satisfies the 
                obligation of the United States under the applicable 
                treaty; and</DELETED>
                <DELETED>    ``(C) for a chemical substance or mixture 
                described in paragraph (1)(E), a notice of availability 
                of the information on the chemical substance or mixture 
                submitted to the Administrator.''; and</DELETED>
        <DELETED>    (3) in subsection (c)--</DELETED>
                <DELETED>    (A) by striking paragraph (3); 
                and</DELETED>
                <DELETED>    (B) by redesignating paragraphs (4) 
                through (6) as paragraphs (3) through (5), 
                respectively.</DELETED>

<DELETED>SEC. 14. IMPORTS.</DELETED>

<DELETED>    Section 13 of the Toxic Substances Control Act (15 U.S.C. 
2612) is amended to read as follows:</DELETED>

<DELETED>``SEC. 13. IMPORTS.</DELETED>

<DELETED>    ``(a) Refusal of Entry.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary of Homeland 
        Security shall refuse entry into the customs territory of the 
        United States (as defined in general note 2 to the Harmonized 
        Tariff Schedule of the United States) any chemical substance, 
        mixture, or article containing a chemical substance or mixture 
        offered for such entry, if--</DELETED>
                <DELETED>    ``(A) the Administrator--</DELETED>
                        <DELETED>    ``(i) has determined under section 
                        6(c) that the chemical substance or mixture 
                        does not meet the safety standard; 
                        and</DELETED>
                        <DELETED>    ``(ii) has promulgated a rule 
                        pursuant to section 6(d) banning the chemical 
                        substance or mixture, as of the effective date 
                        of the rule;</DELETED>
                <DELETED>    ``(B) the chemical substance--</DELETED>
                        <DELETED>    ``(i) is not included on the list 
                        under section 8(b)(1); and</DELETED>
                        <DELETED>    ``(ii) is not exempt from any 
                        requirement to be included on that list by this 
                        title or a rule promulgated by the 
                        Administrator pursuant to this title; 
                        or</DELETED>
                <DELETED>    ``(C) the chemical substance, mixture, or 
                any article containing the chemical substance or 
                mixture is offered for entry in violation of--
                </DELETED>
                        <DELETED>    ``(i) a rule, consent agreement, 
                        or order in effect under this Act; or</DELETED>
                        <DELETED>    ``(ii) an order issued in a civil 
                        action brought under section 7 or title 
                        IV.</DELETED>
        <DELETED>    ``(2) Procedure.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B), if a chemical substance, mixture, or article 
                containing a chemical substance or mixture is refused 
                entry under paragraph (1), the Secretary of Homeland 
                Security--</DELETED>
                        <DELETED>    ``(i) shall notify the consignee 
                        of the entry of the refusal;</DELETED>
                        <DELETED>    ``(ii) shall not release the 
                        chemical substance or mixture to the consignee; 
                        and</DELETED>
                        <DELETED>    ``(iii) shall cause the disposal 
                        or storage of the chemical substance or mixture 
                        under such rules as the Secretary may 
                        prescribe, if the chemical substance or mixture 
                        has not been exported by the consignee during 
                        the 90-day period beginning on the date of 
                        receipt of the notice of the refused 
                        entry.</DELETED>
                <DELETED>    ``(B) Exception.--</DELETED>
                        <DELETED>    ``(i) In general.--The Secretary 
                        of Homeland Security, pending a review by the 
                        Administrator, may release to the consignee the 
                        chemical substance or mixture if the 
                        consignee--</DELETED>
                                <DELETED>    ``(I) executes a bond for 
                                the amount of the full invoice of the 
                                chemical substance or mixture (as set 
                                forth in the customs entry); 
                                and</DELETED>
                                <DELETED>    ``(II) pays a duty on the 
                                chemical substance or 
                                mixture.</DELETED>
                        <DELETED>    ``(ii) Administration.--If a 
                        consignee fails to return a chemical substance 
                        or mixture released to that consignee under 
                        clause (i) for any cause to the custody of the 
                        Secretary of Homeland Security on demand, the 
                        consignee shall be liable to the United States 
                        for liquidated damages equal to the full amount 
                        of the bond executed under clause 
                        (i)(I).</DELETED>
                <DELETED>    ``(C) Storage.--All charges for storage, 
                cartage, and labor on or for the disposal of a chemical 
                substance or mixture that is refused entry or released 
                under this subsection shall be paid by the owner or 
                consignee, and a default on that payment shall 
                constitute a lien against any future entry made by the 
                owner or consignee.</DELETED>
<DELETED>    ``(b) Certification.--</DELETED>
        <DELETED>    ``(1) In general.--A person offering a chemical 
        substance or mixture subject to this Act for entry into the 
        customs territory of the United States shall certify to the 
        Secretary of Homeland Security that--</DELETED>
                <DELETED>    ``(A) after reasonable inquiry and to the 
                best knowledge and belief of the person, the chemical 
                substance or mixture is in compliance with any 
                applicable rule, consent agreement, or order under 
                section 5 or 6; and</DELETED>
                <DELETED>    ``(B) the chemical substance--</DELETED>
                        <DELETED>    ``(i) is included on the list 
                        under section 8(b)(1); or</DELETED>
                        <DELETED>    ``(ii) is exempt from any 
                        requirement to be included on that list by this 
                        title or a rule promulgated by the 
                        Administrator pursuant to this title.</DELETED>
        <DELETED>    ``(2) Articles.--</DELETED>
                <DELETED>    ``(A) In general.--The Administrator, by 
                rule, may require certification under paragraph (1) for 
                an article containing a chemical substance or mixture 
                that is subject to rule under section 5 or 6.</DELETED>
                <DELETED>    ``(B) Requirement.--The rule under 
                subparagraph (A) shall identify, with reasonable 
                specificity, the types of articles, including parts or 
                components of articles, that will be subject to the 
                certification requirement.</DELETED>
                <DELETED>    ``(C) Factors for consideration.--In 
                determining the need for and content of a certification 
                rule under this paragraph, the Administrator shall take 
                into consideration--</DELETED>
                        <DELETED>    ``(i) the utility of the 
                        certification to enforcement of the applicable 
                        rule, consent agreement, or order under section 
                        5 or 6;</DELETED>
                        <DELETED>    ``(ii) the contribution of 
                        imported articles to the potential risk 
                        presented by exposure to the chemical substance 
                        or mixture subject to rule under section 5 or 
                        6;</DELETED>
                        <DELETED>    ``(iii) the impact on commerce and 
                        potential for the certification to impede or 
                        disrupt import of articles;</DELETED>
                        <DELETED>    ``(iv) the frequency or duration 
                        of the certification requirement; and</DELETED>
                        <DELETED>    ``(v) specification of the 
                        concentration of a chemical substance in an 
                        article that would subject the article to the 
                        certification requirement.</DELETED>
        <DELETED>    ``(3) Reasonable inquiry.--</DELETED>
                <DELETED>    ``(A) In general.--For purposes of a 
                certification under paragraph (1), reasonable inquiry 
                shall include good faith reliance by an importer on--
                </DELETED>
                        <DELETED>    ``(i) a safety data sheet or 
                        similar declaration provided by a supplier that 
                        documents the specific identity of the chemical 
                        substance or the specific identities of all 
                        chemical substances in a mixture; or</DELETED>
                        <DELETED>    ``(ii) for chemical substances or 
                        mixtures claimed by the supplier as 
                        confidential, or not otherwise disclosed by the 
                        supplier, a certification by the supplier that 
                        the imported chemical substance or mixture 
                        satisfies the applicable certification 
                        requirements under paragraph (1).</DELETED>
                <DELETED>    ``(B) Articles.--For purposes of a 
                certification under paragraph (2), reasonable inquiry 
                shall include good faith reliance by an importer on a 
                certification by the supplier that the imported article 
                satisfies the applicable certification requirements in 
                a rule promulgated pursuant to paragraph (2).</DELETED>
        <DELETED>    ``(4) Information regarding identity.--For 
        purposes of this subsection, the Administrator shall provide 
        publicly accessible information regarding the identity of a 
        chemical substance or mixture subject to rule under this Act 
        that would be readily understood in import 
        transactions.</DELETED>
<DELETED>    ``(c) Notice.--A person offering a chemical substance for 
entry into the customs territory of the United States shall notify the 
Secretary of Homeland Security if--</DELETED>
        <DELETED>    ``(1) the chemical substance or chemical substance 
        in a mixture is a high-priority substance;</DELETED>
        <DELETED>    ``(2) the chemical substance or chemical substance 
        in a mixture is 1 for which the United States is obligated to 
        provide export notification by treaty; or</DELETED>
        <DELETED>    ``(3) the chemical substance or chemical substance 
        in a mixture--</DELETED>
                <DELETED>    ``(A) is the subject of a safety 
                assessment and safety determination conducted pursuant 
                to section 6; and</DELETED>
                <DELETED>    ``(B) has been found not to meet the 
                safety standard.</DELETED>
<DELETED>    ``(d) Rules.--</DELETED>
        <DELETED>    ``(1) In general.--The Secretary of Homeland 
        Security, after consultation with the Administrator, shall 
        promulgate rules to carry out this section.</DELETED>
        <DELETED>    ``(2) Application.--The rules under paragraph (1) 
        may modify the application of any requirement of this section, 
        as appropriate for the efficient and effective implementation 
        of this Act.''.</DELETED>

<DELETED>SEC. 15. CONFIDENTIAL INFORMATION.</DELETED>

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

<DELETED>``SEC. 14. CONFIDENTIAL INFORMATION.</DELETED>

<DELETED>    ``(a) In General.--Except as otherwise provided in this 
section, the Administrator shall not disclose information that is 
exempt from disclosure pursuant to subsection (a) of section 552 of 
title 5, United States Code, under subsection (b)(4) of that section--
</DELETED>
        <DELETED>    ``(1) that is reported to, or otherwise obtained 
        by, the Administrator under this Act; and</DELETED>
        <DELETED>    ``(2) for which the requirements of subsection (d) 
        are met.</DELETED>
<DELETED>    ``(b) Information Generally Protected From Disclosure.--
The following information specific to, and submitted by, a 
manufacturer, processor, or distributor that meets the requirements of 
subsections (a) and (d) shall be presumed to be protected from 
disclosure, subject to the condition that nothing in this Act prohibits 
the disclosure of any such information through discovery, subpoena, 
other court order, or any other judicial process otherwise allowed 
under applicable Federal or State law:</DELETED>
        <DELETED>    ``(1) Specific information describing the 
        processes used in manufacture or processing of a chemical 
        substance, mixture, or article.</DELETED>
        <DELETED>    ``(2) Marketing and sales information.</DELETED>
        <DELETED>    ``(3) Information identifying a supplier or 
        customer.</DELETED>
        <DELETED>    ``(4) Details of the full composition of a mixture 
        and the respective percentages of constituents.</DELETED>
        <DELETED>    ``(5) Specific information regarding the use, 
        function, or application of a chemical substance or mixture in 
        a process, mixture, or product.</DELETED>
        <DELETED>    ``(6) Specific production or import volumes of the 
        manufacturer and specific aggregated volumes across 
        manufacturers, if the Administrator determines that disclosure 
        of the specific aggregated volumes would reveal confidential 
        information.</DELETED>
        <DELETED>    ``(7) Except as otherwise provided in this 
        section, the specific identity of a chemical substance prior to 
        the date on which the chemical substance is first offered for 
        commercial distribution, including the chemical name, molecular 
        formula, Chemical Abstracts Service number, and other 
        information that would identify a specific chemical substance, 
        if--</DELETED>
                <DELETED>    ``(A) the specific identity was claimed as 
                confidential information at the time it was submitted 
                in a notice under section 5; and</DELETED>
                <DELETED>    ``(B) the claim--</DELETED>
                        <DELETED>    ``(i) is not subject to an 
                        exception under subsection (e); or</DELETED>
                        <DELETED>    ``(ii) has not subsequently been 
                        withdrawn or found by the Administrator not to 
                        warrant protection as confidential information 
                        under subsection (f)(2) or (g).</DELETED>
<DELETED>    ``(c) Information Not Protected From Disclosure.--
Notwithstanding subsections (a) and (b), the following information 
shall not be protected from disclosure:</DELETED>
        <DELETED>    ``(1) Information from health and safety 
        studies.--</DELETED>
                <DELETED>    ``(A) In general.--Subject to subparagraph 
                (B), subsection (a) does not prohibit the disclosure 
                of--</DELETED>
                        <DELETED>    ``(i) any health and safety study 
                        that is submitted under this Act with respect 
                        to--</DELETED>
                                <DELETED>    ``(I) any chemical 
                                substance or mixture that, on the date 
                                on which the study is to be disclosed, 
                                has been offered for commercial 
                                distribution; or</DELETED>
                                <DELETED>    ``(II) any chemical 
                                substance or mixture for which--
                                </DELETED>
                                        <DELETED>    ``(aa) testing is 
                                        required under section 4; 
                                        or</DELETED>
                                        <DELETED>    ``(bb) a 
                                        notification is required under 
                                        section 5; or</DELETED>
                        <DELETED>    ``(ii) any information reported 
                        to, or otherwise obtained by, the Administrator 
                        from a health and safety study relating to a 
                        chemical substance or mixture described in 
                        subclause (I) or (II) of clause (i).</DELETED>
                <DELETED>    ``(B) Effect of paragraph.--Nothing in 
                this paragraph authorizes the release of any 
                information that discloses--</DELETED>
                        <DELETED>    ``(i) a process used in the 
                        manufacturing or processing of a chemical 
                        substance or mixture; or</DELETED>
                        <DELETED>    ``(ii) in the case of a mixture, 
                        the portion of the mixture comprised by any 
                        chemical substance in the mixture.</DELETED>
        <DELETED>    ``(2) Certain requests.--If a request is made to 
        the Administrator under section 552(a) of title 5, United 
        States Code, for information that is described in paragraph (1) 
        that is not described in paragraph (1)(B), the Administrator 
        may not deny the request on the basis of section 552(b)(4) of 
        title 5, United States Code.</DELETED>
        <DELETED>    ``(3) Other information not protected from 
        disclosure.--The following information is not protected from 
        disclosure under this section:</DELETED>
                <DELETED>    ``(A) For information submitted after the 
                date of enactment of the Frank R. Lautenberg Chemical 
                Safety for the 21st Century Act, the specific identity 
                of a chemical substance as of the date on which the 
                chemical substance is first offered for commercial 
                distribution, if the person submitting the information 
                does not meet the requirements of subsection 
                (d).</DELETED>
                <DELETED>    ``(B) A safety assessment developed, or a 
                safety determination made, under section 6.</DELETED>
                <DELETED>    ``(C) Any general information describing 
                the manufacturing volumes, expressed as specific 
                aggregated volumes or, if the Administrator determines 
                that disclosure of specific aggregated volumes would 
                reveal confidential information, expressed in 
                ranges.</DELETED>
                <DELETED>    ``(D) A general description of a process 
                used in the manufacture or processing and industrial, 
                commercial, or consumer functions and uses of a 
                chemical substance, mixture, or article containing a 
                chemical substance or mixture, including information 
                specific to an industry or industry sector that 
                customarily would be shared with the general public or 
                within an industry or industry sector.</DELETED>
        <DELETED>    ``(4) Mixed confidential and nonconfidential 
        information.--Any information that is otherwise eligible for 
        protection under this section and contained in a submission of 
        information described in this subsection shall be protected 
        from disclosure, if the submitter complies with subsection (d), 
        subject to the condition that information in the submission 
        that is not eligible for protection against disclosure shall be 
        disclosed.</DELETED>
        <DELETED>    ``(5) Ban or phase-out.--If the Administrator 
        promulgates a rule pursuant to section 6(d) that establishes a 
        ban or phase-out of the manufacture, processing, or 
        distribution in commerce of a chemical substance--</DELETED>
                <DELETED>    ``(A) any protection from disclosure 
                provided under this section with respect to information 
                relating to the chemical substance shall no longer 
                apply; and</DELETED>
                <DELETED>    ``(B) the Administrator promptly shall 
                make the information public.</DELETED>
<DELETED>    ``(d) Requirements for Confidentiality Claims.--</DELETED>
        <DELETED>    ``(1) Assertion of claims.--</DELETED>
                <DELETED>    ``(A) In general.--A person seeking to 
                protect any information submitted under this Act from 
                disclosure (including information described in 
                subsection (b)) shall assert to the Administrator a 
                claim for protection concurrent with submission of the 
                information, in accordance with such rules regarding a 
                claim for protection from disclosure as the 
                Administrator has promulgated or may promulgate 
                pursuant to this title.</DELETED>
                <DELETED>    ``(B) Inclusion.--An assertion of a claim 
                under subparagraph (A) shall include a statement that 
                the person has--</DELETED>
                        <DELETED>    ``(i) taken reasonable measures to 
                        protect the confidentiality of the 
                        information;</DELETED>
                        <DELETED>    ``(ii) determined that the 
                        information is not required to be disclosed or 
                        otherwise made available to the public under 
                        any other Federal law;</DELETED>
                        <DELETED>    ``(iii) a reasonable basis to 
                        conclude that disclosure of the information is 
                        likely to cause substantial harm to the 
                        competitive position of the person; 
                        and</DELETED>
                        <DELETED>    ``(iv) a reasonable basis to 
                        believe that the information is not readily 
                        discoverable through reverse 
                        engineering.</DELETED>
                <DELETED>    ``(C) Specific chemical identity.--In the 
                case of a claim under subparagraph (A) for protection 
                against disclosure of a specific chemical identity, the 
                claim shall include a structurally descriptive generic 
                name for the chemical substance that the Administrator 
                may disclose to the public, subject to the condition 
                that the generic name shall--</DELETED>
                        <DELETED>    ``(i) conform with guidance 
                        prescribed by the Administrator under paragraph 
                        (3)(A); and</DELETED>
                        <DELETED>    ``(ii) describe the chemical 
                        structure of the substance as specifically as 
                        practicable while protecting those features of 
                        the chemical structure--</DELETED>
                                <DELETED>    ``(I) that are considered 
                                to be confidential; and</DELETED>
                                <DELETED>    ``(II) the disclosure of 
                                which would be likely to harm the 
                                competitive position of the 
                                person.</DELETED>
                <DELETED>    ``(D) Public information.--No person may 
                assert a claim under this section for protection from 
                disclosure of information that is already publicly 
                available.</DELETED>
        <DELETED>    ``(2) Additional requirements for confidentiality 
        claims.--Except for information described in paragraphs (1) 
        through (7) of subsection (b), a person asserting a claim to 
        protect information from disclosure under this Act shall 
        substantiate the claim, in accordance with the rules 
        promulgated and guidance issued by the Administrator.</DELETED>
        <DELETED>    ``(3) Guidance.--The Administrator shall develop 
        guidance regarding--</DELETED>
                <DELETED>    ``(A) the determination of structurally 
                descriptive generic names, in the case of claims for 
                the protection against disclosure of specific chemical 
                identity; and</DELETED>
                <DELETED>    ``(B) the content and form of the 
                statements of need and agreements required under 
                paragraphs (4), (5), and (6) of subsection 
                (e).</DELETED>
        <DELETED>    ``(4) Certification.--An authorized official of a 
        person described in paragraph (1)(A) shall certify that the 
        information that has been submitted is true and 
        correct.</DELETED>
<DELETED>    ``(e) Exceptions to Protection From Disclosure.--
Information described in subsection (a) shall be disclosed if--
</DELETED>
        <DELETED>    ``(1) the information is to be disclosed to an 
        officer or employee of the United States in connection with the 
        official duties of the officer or employee--</DELETED>
                <DELETED>    ``(A) under any law for the protection of 
                health or the environment; or</DELETED>
                <DELETED>    ``(B) for a specific law enforcement 
                purpose;</DELETED>
        <DELETED>    ``(2) the information is to be disclosed to a 
        contractor of the United States and employees of that 
        contractor--</DELETED>
                <DELETED>    ``(A) if, in the opinion of the 
                Administrator, the disclosure is necessary for the 
                satisfactory performance by the contractor of a 
                contract with the United States for the performance of 
                work in connection with this Act; and</DELETED>
                <DELETED>    ``(B) subject to such conditions as the 
                Administrator may specify;</DELETED>
        <DELETED>    ``(3) the Administrator determines that disclosure 
        is necessary to protect health or the environment;</DELETED>
        <DELETED>    ``(4) the information is to be disclosed to a 
        State or political subdivision of a State, on written request, 
        for the purpose of development, administration, or enforcement 
        of a law, if--</DELETED>
                <DELETED>    ``(A) 1 or more applicable agreements with 
                the Administrator that conform with the guidance issued 
                under subsection (d)(3)(B) ensure that the recipient 
                will take appropriate measures, and has adequate 
                authority, to maintain the confidentiality of the 
                information in accordance with procedures comparable to 
                the procedures used by the Administrator to safeguard 
                the information; and</DELETED>
                <DELETED>    ``(B) the Administrator notifies the 
                person that submitted the information that the 
                information has been disclosed to the State or 
                political subdivision of a State;</DELETED>
        <DELETED>    ``(5) a health or environmental professional 
        employed by a Federal or State agency or a treating physician 
        or nurse in a nonemergency situation provides a written 
        statement of need and agrees to sign a written confidentiality 
        agreement with the Administrator, subject to the conditions 
        that--</DELETED>
                <DELETED>    ``(A) the statement of need and 
                confidentiality agreement shall conform with the 
                guidance issued under subsection (d)(3)(B);</DELETED>
                <DELETED>    ``(B) the written statement of need shall 
                be a statement that the person has a reasonable basis 
                to suspect that--</DELETED>
                        <DELETED>    ``(i) the information is necessary 
                        for, or will assist in--</DELETED>
                                <DELETED>    ``(I) the diagnosis or 
                                treatment of 1 or more individuals; 
                                or</DELETED>
                                <DELETED>    ``(II) responding to an 
                                environmental release or exposure; 
                                and</DELETED>
                        <DELETED>    ``(ii) 1 or more individuals being 
                        diagnosed or treated have been exposed to the 
                        chemical substance concerned, or an 
                        environmental release or exposure has occurred; 
                        and</DELETED>
                <DELETED>    ``(C) the confidentiality agreement shall 
                provide that the person will not use the information 
                for any purpose other than the health or environmental 
                needs asserted in the statement of need, except as 
                otherwise may be authorized by the terms of the 
                agreement or by the person submitting the information 
                to the Administrator, except that nothing in this Act 
                prohibits the disclosure of any such information 
                through discovery, subpoena, other court order, or any 
                other judicial process otherwise allowed under 
                applicable Federal or State law;</DELETED>
        <DELETED>    ``(6) in the event of an emergency, a treating 
        physician, nurse, agent of a poison control center, public 
        health or environmental official of a State or political 
        subdivision of a State, or first responder (including any 
        individual duly authorized by a Federal agency, State, or 
        political subdivision of a State who is trained in urgent 
        medical care or other emergency procedures, including a police 
        officer, firefighter, or emergency medical technician) requests 
        the information, subject to the conditions that--</DELETED>
                <DELETED>    ``(A) the treating physician, nurse, 
                agent, public health or environmental official of a 
                State or a political subdivision of a State, or first 
                responder shall have a reasonable basis to suspect 
                that--</DELETED>
                        <DELETED>    ``(i) a medical or public health 
                        or environmental emergency exists;</DELETED>
                        <DELETED>    ``(ii) the information is 
                        necessary for, or will assist in, emergency or 
                        first-aid diagnosis or treatment; or</DELETED>
                        <DELETED>    ``(iii) 1 or more individuals 
                        being diagnosed or treated have likely been 
                        exposed to the chemical substance concerned, or 
                        a serious environmental release of or exposure 
                        to the chemical substance concerned has 
                        occurred;</DELETED>
                <DELETED>    ``(B) if requested by the person 
                submitting the information to the Administrator, the 
                treating physician, nurse, agent, public health or 
                environmental official of a State or a political 
                subdivision of a State, or first responder shall, as 
                described in paragraph (5)--</DELETED>
                        <DELETED>    ``(i) provide a written statement 
                        of need; and</DELETED>
                        <DELETED>    ``(ii) agree to sign a 
                        confidentiality agreement; and</DELETED>
                <DELETED>    ``(C) the written confidentiality 
                agreement or statement of need shall be submitted as 
                soon as practicable, but not necessarily before the 
                information is disclosed;</DELETED>
        <DELETED>    ``(7) the Administrator determines that disclosure 
        is relevant in a proceeding under this Act, subject to the 
        condition that the disclosure shall be made in such a manner as 
        to preserve confidentiality to the maximum extent practicable 
        without impairing the proceeding;</DELETED>
        <DELETED>    ``(8) the information is to be disclosed, on 
        written request of any duly authorized congressional committee, 
        to that committee; or</DELETED>
        <DELETED>    ``(9) the information is required to be disclosed 
        or otherwise made public under any other provision of Federal 
        law.</DELETED>
<DELETED>    ``(f) Duration of Protection From Disclosure.--</DELETED>
        <DELETED>    ``(1) In general.--</DELETED>
                <DELETED>    ``(A) Information protected from 
                disclosure.--Subject to paragraph (2), the 
                Administrator shall protect from disclosure information 
                that meets the requirements of subsection (d) for a 
                period of 10 years, unless, prior to the expiration of 
                the period--</DELETED>
                        <DELETED>    ``(i) an affected person notifies 
                        the Administrator that the person is 
                        withdrawing the confidentiality claim, in which 
                        case the Administrator shall promptly make the 
                        information available to the public; 
                        or</DELETED>
                        <DELETED>    ``(ii) the Administrator otherwise 
                        becomes aware that the need for protection from 
                        disclosure can no longer be substantiated, in 
                        which case the Administrator shall take the 
                        actions described in subsection 
                        (g)(2).</DELETED>
                <DELETED>    ``(B) Extensions.--</DELETED>
                        <DELETED>    ``(i) In general.--Not later than 
                        the date that is 60 days before the expiration 
                        of the period described in subparagraph (A), 
                        the Administrator shall provide to the person 
                        that asserted the claim a notice of the 
                        impending expiration of the period.</DELETED>
                        <DELETED>    ``(ii) Statement.--</DELETED>
                                <DELETED>    ``(I) In general.--Not 
                                later than the date that is 30 days 
                                before the expiration of the period 
                                described in subparagraph (A), a person 
                                reasserting the relevant claim shall 
                                submit to the Administrator a statement 
                                substantiating, in accordance with 
                                subsection (d)(2), the need to extend 
                                the period.</DELETED>
                                <DELETED>    ``(II) Action by 
                                administrator.--Not later than the date 
                                that is 30 days after the date of 
                                receipt of a statement under subclause 
                                (I), the Administrator shall--
                                </DELETED>
                                        <DELETED>    ``(aa) review the 
                                        request;</DELETED>
                                        <DELETED>    ``(bb) make a 
                                        determination regarding whether 
                                        the information for which the 
                                        request is made continues to 
                                        meet the relevant criteria 
                                        established under this section; 
                                        and</DELETED>
                                        <DELETED>    ``(cc)(AA) grant 
                                        an extension of not more than 
                                        10 years; or</DELETED>
                                        <DELETED>    ``(BB) deny the 
                                        claim.</DELETED>
                <DELETED>    ``(C) No limit on number of extensions.--
                There shall be no limit on the number of extensions 
                granted under subparagraph (B), if the Administrator 
                determines that the relevant statement under 
                subparagraph (B)(ii)(I)--</DELETED>
                        <DELETED>    ``(i) establishes the need to 
                        extend the period; and</DELETED>
                        <DELETED>    ``(ii) meets the requirements 
                        established by the Administrator.</DELETED>
        <DELETED>    ``(2) Review and resubstantiation.--</DELETED>
                <DELETED>    ``(A) Discretion of administrator.--The 
                Administrator may review, at any time, a claim for 
                protection against disclosure under subsection (a) for 
                information submitted to the Administrator regarding a 
                chemical substance and require any person that has 
                claimed protection for that information, whether 
                before, on, or after the date of enactment of the Frank 
                R. Lautenberg Chemical Safety for the 21st Century Act, 
                to withdraw or reassert and substantiate or 
                resubstantiate the claim in accordance with this 
                section--</DELETED>
                        <DELETED>    ``(i) after the chemical substance 
                        is identified as a high-priority substance 
                        under section 4A;</DELETED>
                        <DELETED>    ``(ii) for any chemical substance 
                        for which the Administrator has made a 
                        determination under section 
                        6(c)(1)(C);</DELETED>
                        <DELETED>    ``(iii) for any inactive chemical 
                        substance identified under section 8(b)(5); 
                        or</DELETED>
                        <DELETED>    ``(iv) in limited circumstances, 
                        if the Administrator determines that disclosure 
                        of certain information currently protected from 
                        disclosure would assist the Administrator in 
                        conducting safety assessments and safety 
                        determinations under subsections (b) and (c) of 
                        section 6 or promulgating rules pursuant to 
                        section 6(d), subject to the condition that the 
                        information shall not be disclosed unless the 
                        claimant withdraws the claim or the 
                        Administrator determines that the information 
                        does not meet the requirements of subsection 
                        (d).</DELETED>
                <DELETED>    ``(B) Review required.--The Administrator 
                shall review a claim for protection from disclosure 
                under subsection (a) for information submitted to the 
                Administrator regarding a chemical substance and 
                require any person that has claimed protection for that 
                information, whether before, on, or after the date of 
                enactment of the Frank R. Lautenberg Chemical Safety 
                for the 21st Century Act, to withdraw or reassert and 
                substantiate or resubstantiate the claim in accordance 
                with this section--</DELETED>
                        <DELETED>    ``(i) as necessary to comply with 
                        a request for information received by the 
                        Administrator under section 552 of title 5, 
                        United States Code;</DELETED>
                        <DELETED>    ``(ii) if information available to 
                        the Administrator provides a basis that the 
                        requirements of section 552(b)(4) of title 5, 
                        United States Code, are no longer met; 
                        or</DELETED>
                        <DELETED>    ``(iii) for any substance for 
                        which the Administrator has made a 
                        determination under section 
                        6(c)(1)(B).</DELETED>
                <DELETED>    ``(C) Action by recipient.--If the 
                Administrator makes a request under subparagraph (A) or 
                (B), the recipient of the request shall--</DELETED>
                        <DELETED>    ``(i) reassert and substantiate or 
                        resubstantiate the claim; or</DELETED>
                        <DELETED>    ``(ii) withdraw the 
                        claim.</DELETED>
                <DELETED>    ``(D) Period of protection.--Protection 
                from disclosure of information subject to a claim that 
                is reviewed and approved by the Administrator under 
                this paragraph shall be extended for a period of 10 
                years from the date of approval, subject to any 
                subsequent request by the Administrator under this 
                paragraph.</DELETED>
        <DELETED>    ``(3) Unique identifier.--The Administrator 
        shall--</DELETED>
                <DELETED>    ``(A)(i) develop a system to assign a 
                unique identifier to each specific chemical identity 
                for which the Administrator approves a request for 
                protection from disclosure, other than a specific 
                chemical identity or structurally descriptive generic 
                term; and</DELETED>
                <DELETED>    ``(ii) apply that identifier consistently 
                to all information relevant to the applicable chemical 
                substance;</DELETED>
                <DELETED>    ``(B) annually publish and update a list 
                of chemical substances, referred to by unique 
                identifier, for which claims to protect the specific 
                chemical identity from disclosure have been approved, 
                including the expiration date for each such 
                claim;</DELETED>
                <DELETED>    ``(C) ensure that any nonconfidential 
                information received by the Administrator with respect 
                to such a chemical substance during the period of 
                protection from disclosure--</DELETED>
                        <DELETED>    ``(i) is made public; 
                        and</DELETED>
                        <DELETED>    ``(ii) identifies the chemical 
                        substance using the unique identifier; 
                        and</DELETED>
                <DELETED>    ``(D) for each claim for protection of 
                specific chemical identity that has been denied by the 
                Administrator on expiration of the period for appeal 
                under subsection (g)(3), that has expired, or that has 
                been withdrawn by the submitter, provide public access 
                to the specific chemical identity clearly linked to all 
                nonconfidential information received by the 
                Administrator with respect to the chemical 
                substance.</DELETED>
<DELETED>    ``(g) Duties of Administrator.--</DELETED>
        <DELETED>    ``(1) Determination.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subsection (b), the Administrator shall, subject to 
                subparagraph (C), not later than 90 days after the 
                receipt of a claim under subsection (d), and not later 
                than 30 days after the receipt of a request for 
                extension of a claim under subsection (f), review and 
                approve, modify, or deny the claim or 
                request.</DELETED>
                <DELETED>    ``(B) Denial or modification.--</DELETED>
                        <DELETED>    ``(i) In general.--Except as 
                        provided in subsections (c) and (f), the 
                        Administrator shall deny a claim to protect a 
                        chemical identity from disclosure only if the 
                        person that has submitted the claim fails to 
                        meet the requirements of subsections (a) and 
                        (d).</DELETED>
                        <DELETED>    ``(ii) Reasons for denial or 
                        modification.--The Administrator shall provide 
                        to a person that has submitted a claim 
                        described in clause (i) a written statement of 
                        the reasons for the denial or modification of 
                        the claim.</DELETED>
                <DELETED>    ``(C) Subsets.--The Administrator shall--
                </DELETED>
                        <DELETED>    ``(i) except for claims described 
                        in subsection (b)(7), review all claims under 
                        this section for the protection against 
                        disclosure of the specific identity of a 
                        chemical substance; and</DELETED>
                        <DELETED>    ``(ii) review a representative 
                        subset, comprising at least 25 percent, of all 
                        other claims for protection against 
                        disclosure.</DELETED>
                <DELETED>    ``(D) Effect of failure to act.--The 
                failure of the Administrator to make a decision 
                regarding a claim for protection against disclosure or 
                extension under this section shall not be the basis for 
                denial or elimination of a claim for protection against 
                disclosure.</DELETED>
        <DELETED>    ``(2) Notification.--</DELETED>
                <DELETED>    ``(A) In general.--Except as provided in 
                subparagraph (B) and subsections (c), (e), and (f), if 
                the Administrator denies or modifies a claim under 
                paragraph (1), the Administrator shall notify, in 
                writing and by certified mail, the person that 
                submitted the claim of the intent of the Administrator 
                to release the information.</DELETED>
                <DELETED>    ``(B) Release of information.--</DELETED>
                        <DELETED>    ``(i) In general.--Except as 
                        provided in clause (ii), the Administrator 
                        shall not release information under this 
                        subsection until the date that is 30 days after 
                        the date on which the person that submitted the 
                        request receives notification under 
                        subparagraph (A).</DELETED>
                        <DELETED>    ``(ii) Exceptions.--</DELETED>
                                <DELETED>    ``(I) In general.--For 
                                information under paragraph (3) or (8) 
                                of subsection (e), the Administrator 
                                shall not release that information 
                                until the date that is 15 days after 
                                the date on which the person that 
                                submitted the claim receives a 
                                notification, unless the Administrator 
                                determines that release of the 
                                information is necessary to protect 
                                against an imminent and substantial 
                                harm to health or the environment, in 
                                which case no prior notification shall 
                                be necessary.</DELETED>
                                <DELETED>    ``(II) No notification.--
                                For information under paragraph (1), 
                                (2), (6), (7), or (9) of subsection 
                                (e), no prior notification shall be 
                                necessary.</DELETED>
        <DELETED>    ``(3) Appeals.--</DELETED>
                <DELETED>    ``(A) In general.--If a person receives a 
                notification under paragraph (2) and believes 
                disclosure of the information is prohibited under 
                subsection (a), before the date on which the 
                information is to be released, the person may bring an 
                action to restrain disclosure of the information in--
                </DELETED>
                        <DELETED>    ``(i) the United States district 
                        court of the district in which the complainant 
                        resides or has the principal place of business; 
                        or</DELETED>
                        <DELETED>    ``(ii) the United States District 
                        Court for the District of Columbia.</DELETED>
                <DELETED>    ``(B) No disclosure.--The Administrator 
                shall not disclose any information that is the subject 
                of an appeal under this section before the date on 
                which the applicable court rules on an action under 
                subparagraph (A).</DELETED>
        <DELETED>    ``(4) Administration.--In carrying out this 
        subsection, the Administrator shall use the procedures 
        described in part 2 of title 40, Code of Federal Regulations 
        (or successor regulations).</DELETED>
<DELETED>    ``(h) Criminal Penalty for Wrongful Disclosure.--
</DELETED>
        <DELETED>    ``(1) Officers and employees of united states.--
        </DELETED>
                <DELETED>    ``(A) In general.--Subject to paragraph 
                (2), a current or former officer or employee of the 
                United States described in subparagraph (B) shall be 
                guilty of a misdemeanor and fined under title 18, 
                United States Code, or imprisoned for not more than 1 
                year, or both.</DELETED>
                <DELETED>    ``(B) Description.--A current or former 
                officer or employee of the United States referred to in 
                subparagraph (A) is a current or former officer or 
                employee of the United States who--</DELETED>
                        <DELETED>    ``(i) by virtue of that employment 
                        or official position has obtained possession 
                        of, or has access to, material the disclosure 
                        of which is prohibited by subsection (a); 
                        and</DELETED>
                        <DELETED>    ``(ii) knowing that disclosure of 
                        that material is prohibited by subsection (a), 
                        willfully discloses the material in any manner 
                        to any person not entitled to receive that 
                        material.</DELETED>
        <DELETED>    ``(2) Other laws.--Section 1905 of title 18, 
        United States Code, shall not apply with respect to the 
        publishing, divulging, disclosure, making known of, or making 
        available, information reported or otherwise obtained under 
        this Act.</DELETED>
        <DELETED>    ``(3) Contractors.--For purposes of this 
        subsection, any contractor of the United States that is 
        provided information in accordance with subsection (e)(2), 
        including any employee of that contractor, shall be considered 
        to be an employee of the United States.</DELETED>
<DELETED>    ``(i) Applicability.--</DELETED>
        <DELETED>    ``(1) In general.--Except as otherwise provided in 
        this section, section 8, or any other applicable Federal law, 
        the Administrator shall have no authority--</DELETED>
                <DELETED>    ``(A) to require the substantiation or 
                resubstantiation of a claim for the protection from 
                disclosure of information submitted to the 
                Administrator under this Act before the date of 
                enactment of the Frank R. Lautenberg Chemical Safety 
                for the 21st Century Act; or</DELETED>
                <DELETED>    ``(B) to impose substantiation or 
                resubstantiation requirements under this Act that are 
                more extensive than those required under this 
                section.</DELETED>
        <DELETED>    ``(2) Prior actions.--Nothing in this Act prevents 
        the Administrator from reviewing, requiring substantiation or 
        resubstantiation for, or approving, modifying or denying any 
        claim for the protection from disclosure of information before 
        the effective date of such rules applicable to those claims as 
        the Administrator may promulgate after the date of enactment of 
        the Frank R. Lautenberg Chemical Safety for the 21st Century 
        Act.''.</DELETED>

<DELETED>SEC. 16. PROHIBITED ACTS.</DELETED>

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

<DELETED>SEC. 17. PENALTIES.</DELETED>

<DELETED>    Section 16 of the Toxic Substances Control Act (15 U.S.C. 
2615) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)(1)--</DELETED>
                <DELETED>    (A) in the first sentence--</DELETED>
                        <DELETED>    (i) by inserting ``this Act or a 
                        rule or order promulgated or issued pursuant to 
                        this Act, including'' after ``a provision of''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``$25,000'' and 
                        inserting ``$37,500''; and</DELETED>
                <DELETED>    (B) in the second sentence, by striking`` 
                violation of section 15 or 409'' and inserting 
                ``violation of this Act''; and</DELETED>
        <DELETED>    (2) in subsection (b)--</DELETED>
                <DELETED>    (A) by striking ``Any person who'' and 
                inserting the following:</DELETED>
        <DELETED>    ``(1) In general.--Any person that'';</DELETED>
                <DELETED>    (B) by striking ``section 15 or 409'' and 
                inserting ``this Act'';</DELETED>
                <DELETED>    (C) by striking ``$25,000'' and inserting 
                ``$50,000''; and</DELETED>
                <DELETED>    (D) by adding at the end the 
                following:</DELETED>
        <DELETED>    ``(2) Imminent danger of death or serious bodily 
        injury.--</DELETED>
                <DELETED>    ``(A) In general.--Any person that 
                knowingly or willfully violates any provision of this 
                Act, and that knows at the time of the violation that 
                the violation places an individual in imminent danger 
                of death or serious bodily injury, shall be subject on 
                conviction to a fine of not more than $250,000, or 
                imprisonment for not more than 15 years, or 
                both.</DELETED>
                <DELETED>    ``(B) Organizations.--An organization that 
                commits a violation described in subparagraph (A) shall 
                be subject on conviction to a fine of not more than 
                $1,000,000 for each violation.</DELETED>
        <DELETED>    ``(3) Knowledge of imminent danger or injury.--For 
        purposes of determining whether a defendant knew that the 
        violation placed another individual in imminent danger of death 
        or serious bodily injury--</DELETED>
                <DELETED>    ``(A) the defendant shall be responsible 
                only for actual awareness or actual belief possessed; 
                and</DELETED>
                <DELETED>    ``(B) knowledge possessed by an individual 
                may not be attributed to the defendant.''.</DELETED>

<DELETED>SEC. 18. STATE-FEDERAL RELATIONSHIP.</DELETED>

<DELETED>    Section 18 of the Toxic Substances Control Act (15 U.S.C. 
2617) is amended by striking subsections (a) and (b) and inserting the 
following:</DELETED>
<DELETED>    ``(a) In General.--</DELETED>
        <DELETED>    ``(1) Establishment or enforcement.--Except as 
        provided in subsections (c), (d), (e), (f), and (g), and 
        subject to paragraph (2), no State or political subdivision of 
        a State may establish or continue to enforce any of the 
        following:</DELETED>
                <DELETED>    ``(A) Testing and information 
                collection.--A statute or administrative action to 
                require the development of information on a chemical 
                substance or category of substances that is reasonably 
                likely to produce the same information required under 
                section 4, 5, or 6 in--</DELETED>
                        <DELETED>    ``(i) a rule promulgated by the 
                        Administrator;</DELETED>
                        <DELETED>    ``(ii) a testing consent agreement 
                        entered into by the Administrator; or</DELETED>
                        <DELETED>    ``(iii) an order issued by the 
                        Administrator.</DELETED>
                <DELETED>    ``(B) Chemical substances found to meet 
                the safety standard or restricted.--A statute or 
                administrative action to prohibit or otherwise restrict 
                the manufacture, processing, or distribution in 
                commerce or use of a chemical substance--</DELETED>
                        <DELETED>    ``(i) found to meet the safety 
                        standard and consistent with the scope of the 
                        determination made under section 6; 
                        or</DELETED>
                        <DELETED>    ``(ii) found not to meet the 
                        safety standard, after the effective date of 
                        the rule issued under section 6(d) for the 
                        substance, consistent with the scope of the 
                        determination made by the 
                        Administrator.</DELETED>
                <DELETED>    ``(C) Significant new use.--A statute or 
                administrative action requiring the notification of a 
                use of a chemical substance that the Administrator has 
                specified as a significant new use and for which the 
                Administrator has required notification pursuant to a 
                rule promulgated under section 5.</DELETED>
        <DELETED>    ``(2) Effective date of preemption.--Under this 
        subsection, Federal preemption of State statutes and 
        administrative actions applicable to specific substances shall 
        not occur until the effective date of the applicable action 
        described in paragraph (1) taken by the 
        Administrator.</DELETED>
<DELETED>    ``(b) New Statutes or Administrative Actions Creating 
Prohibitions or Other Restrictions.--Except as provided in subsections 
(c), (d), and (e), no State or political subdivision of a State may 
establish (after the date of enactment of the Frank R. Lautenberg 
Chemical Safety for the 21st Century Act) a statute or administrative 
action prohibiting or restricting the manufacture, processing, 
distribution in commerce or use of a chemical substance that is a high-
priority substance designated under section 4A, as of the date on which 
the Administrator commences a safety assessment under section 
6.</DELETED>
<DELETED>    ``(c) Scope of Preemption.--Federal preemption under 
subsections (a) and (b) of State statutes and administrative actions 
applicable to specific substances shall apply only to--</DELETED>
        <DELETED>    ``(1) the chemical substances or category of 
        substances subject to a rule, order, or consent agreement under 
        section 4;</DELETED>
        <DELETED>    ``(2) the uses or conditions of use of such 
        substances that are identified by the Administrator as subject 
        to review in a safety assessment and included in the scope of 
        the safety determination made by the Administrator for the 
        substance, or of any rule the Administrator promulgates 
        pursuant to section 6(d); or</DELETED>
        <DELETED>    ``(3) the uses of such substances that the 
        Administrator has specified as significant new uses and for 
        which the Administrator has required notification pursuant to a 
        rule promulgated under section 5.</DELETED>
<DELETED>    ``(d) Exceptions.--</DELETED>
        <DELETED>    ``(1) In general.--Subsections (a) and (b) shall 
        not apply to a statute or administrative action of a State or a 
        political subdivision of a State applicable to a specific 
        chemical substance that--</DELETED>
                <DELETED>    ``(A) is adopted under the authority of, 
                or authorized to comply with, any other Federal 
                law;</DELETED>
                <DELETED>    ``(B) implements a reporting, monitoring, 
                or other information collection obligation for the 
                chemical substance not otherwise required by the 
                Administrator under this Act or required under any 
                other Federal law; or</DELETED>
                <DELETED>    ``(C) is adopted pursuant to authority 
                under a law of the State or political subdivision of 
                the State related to water quality, air quality, or 
                waste treatment or disposal, unless the action taken by 
                the State or political subdivision of a State--
                </DELETED>
                        <DELETED>    ``(i) imposes a restriction on the 
                        manufacture, processing, distribution in 
                        commerce, or use of a chemical substance; 
                        and</DELETED>
                        <DELETED>    ``(ii)(I) is already required by a 
                        decision by the Administrator under section 5 
                        or 6;</DELETED>
                        <DELETED>    ``(II) is taken to address a 
                        health or environmental concern that applies to 
                        the uses or conditions of use that are included 
                        in the scope of a safety determination pursuant 
                        to section 6 or the scope of a significant new 
                        use rule promulgated pursuant to section 5, but 
                        is inconsistent with the action of the 
                        Administrator; or</DELETED>
                        <DELETED>    ``(III) would cause a violation of 
                        the applicable action by the Administrator 
                        under section 5 or 6.</DELETED>
        <DELETED>    ``(2) No preemption of state statutes and 
        administrative actions.--Nothing in this Act, nor any amendment 
        made by this Act, nor any rule, standard of performance, safety 
        determination, or scientific assessment implemented pursuant to 
        this Act, shall affect the right of a State or a political 
        subdivision of a State to adopt or enforce any rule, standard 
        of performance, safety determination, scientific assessment, or 
        any protection for public health or the environment that--
        </DELETED>
                <DELETED>    ``(A) is adopted under the authority of, 
                or authorized to comply with, any other Federal 
                law;</DELETED>
                <DELETED>    ``(B) implements a reporting, monitoring, 
                or other information collection obligation for the 
                chemical substance not otherwise required by the 
                Administrator under this Act or required under any 
                other Federal law; or</DELETED>
                <DELETED>    ``(C) is adopted pursuant to authority 
                under a law of the State or political subdivision of 
                the State related to water quality, air quality, or 
                waste treatment or disposal, unless the action taken by 
                the State or political subdivision of a State--
                </DELETED>
                        <DELETED>    ``(i) imposes a restriction on the 
                        manufacture, processing, distribution in 
                        commerce, or use of a chemical substance; 
                        and</DELETED>
                        <DELETED>    ``(ii)(I) is already required by a 
                        decision by the Administrator under section 5 
                        or 6;</DELETED>
                        <DELETED>    ``(II) is taken to address a 
                        health or environmental concern that applies to 
                        the uses or conditions of use that are included 
                        in the scope of a safety determination pursuant 
                        to section 6 or the scope of a significant new 
                        use rule promulgated pursuant to section 5, but 
                        is inconsistent with the action of the 
                        Administrator; or</DELETED>
                        <DELETED>    ``(III) would cause a violation of 
                        the applicable action by the Administrator 
                        under section 5 or 6.</DELETED>
        <DELETED>    ``(3) Applicability to certain rules or orders.--
        Notwithstanding subsection (e)--</DELETED>
                <DELETED>    ``(A) nothing in this section shall be 
                construed as modifying the effect under this section, 
                as in effect on the day before the effective date of 
                the Frank R. Lautenberg Chemical Safety for the 21st 
                Century Act, of any rule or order promulgated or issued 
                under this Act prior to that effective date; 
                and</DELETED>
                <DELETED>    ``(B) with respect to a chemical substance 
                or mixture for which any rule or order was promulgated 
                or issued under section 6 prior to the effective date 
                of the Frank R. Lautenberg Chemical Safety for the 21st 
                Century Act with regards to manufacturing, processing, 
                distribution in commerce, use, or disposal of a 
                chemical substance, this section (as in effect on the 
                day before the effective date of the Frank R. 
                Lautenberg Chemical Safety for the 21st Century Act) 
                shall govern the preemptive effect of any rule or order 
                that is promulgated or issued respecting such chemical 
                substance or mixture under section 6 of this Act after 
                that effective date, unless the latter rule or order is 
                with respect to a chemical substance or mixture 
                containing a chemical substance and follows a 
                designation of that chemical substance as a high-
                priority substance under subsection (b) or (c) of 
                section 4A or as an additional priority for safety 
                assessment and safety determination under section 
                4A(d).</DELETED>
<DELETED>    ``(e) Preservation of Certain State Law.--</DELETED>
        <DELETED>    ``(1) In general.--Nothing in this Act, subject to 
        subsection (g) of this section, shall--</DELETED>
                <DELETED>    ``(A) be construed to preempt or otherwise 
                affect any action taken before January 1, 2015, under 
                the authority of a State law that prohibits or 
                otherwise restricts manufacturing, processing, 
                distribution in commerce, use, or disposal of a 
                chemical substance; or</DELETED>
                <DELETED>    ``(B) be construed to preempt or otherwise 
                affect any action taken pursuant to a State law that 
                was in effect on August 31, 2003.</DELETED>
        <DELETED>    ``(2) Effect of subsection.--This subsection does 
        not affect, modify, or alter the relationship between State and 
        Federal law pursuant to any other Federal law.</DELETED>
<DELETED>    ``(f) State Waivers.--</DELETED>
        <DELETED>    ``(1) In general.--Upon application of a State or 
        political subdivision of a State, the Administrator may--
        </DELETED>
                <DELETED>    ``(A) by rule, exempt from subsection (a), 
                under such conditions as may be prescribed in the rule, 
                a statute or administrative action of that State or 
                political subdivision of the State that relates to the 
                effects of, or exposure to, a chemical substance under 
                the conditions of use if the Administrator determines 
                that--</DELETED>
                        <DELETED>    ``(i) compelling State or local 
                        conditions warrant granting the waiver to 
                        protect health or the environment;</DELETED>
                        <DELETED>    ``(ii) compliance with the 
                        proposed requirement of the State or political 
                        subdivision of the State would not unduly 
                        burden interstate commerce in the manufacture, 
                        processing, distribution in commerce, or use of 
                        a chemical substance;</DELETED>
                        <DELETED>    ``(iii) compliance with the 
                        proposed requirement of the State or political 
                        subdivision of the State would not cause a 
                        violation of any applicable Federal law, rule, 
                        or order; and</DELETED>
                        <DELETED>    ``(iv) based on the judgment of 
                        the Administrator, the proposed requirement of 
                        the State or political subdivision of the State 
                        is consistent with sound objective scientific 
                        practices, the weight of the evidence, and the 
                        best available science; or</DELETED>
                <DELETED>    ``(B) exempt from subsection (b) a statute 
                or administrative action of a State or political 
                subdivision of a State that relates to the effects of 
                exposure to a chemical substance under the conditions 
                of use if the Administrator determines that--</DELETED>
                        <DELETED>    ``(i) the State has a compelling 
                        local interest that warrants granting the 
                        waiver to protect health or the 
                        environment;</DELETED>
                        <DELETED>    ``(ii) compliance with the 
                        proposed requirement of the State will not 
                        unduly burden interstate commerce in the 
                        manufacture, processing, distribution in 
                        commerce, or use of a chemical 
                        substance;</DELETED>
                        <DELETED>    ``(iii) compliance with the 
                        proposed requirement would not cause a 
                        violation of any applicable Federal law, rule, 
                        or order; and</DELETED>
                        <DELETED>    ``(iv) the proposed requirement is 
                        grounded in reasonable scientific 
                        concern.</DELETED>
        <DELETED>    ``(2) Approval of a state waiver request.--The 
        Administrator shall grant or deny a waiver application--
        </DELETED>
                <DELETED>    ``(A) not later than 180 days after the 
                date on which an application under paragraph (1)(A) is 
                submitted; and</DELETED>
                <DELETED>    ``(B) not later than 90 days after the 
                date on which an application under paragraph (1)(B) is 
                submitted.</DELETED>
        <DELETED>    ``(3) Notice and comment.--The application of a 
        State or political subdivision of the State shall be subject to 
        public notice and comment.</DELETED>
        <DELETED>    ``(4) Final agency action.--The decision of the 
        Administrator on the application of a State or political 
        subdivision of the State shall be--</DELETED>
                <DELETED>    ``(A) considered to be a final agency 
                action; and</DELETED>
                <DELETED>    ``(B) subject to judicial 
                review.</DELETED>
        <DELETED>    ``(5) Duration of waivers.--A waiver granted under 
        paragraph (1)(B) shall remain in effect until the later of--
        </DELETED>
                <DELETED>    ``(A) such time as the safety assessment 
                and safety determination is completed; and</DELETED>
                <DELETED>    ``(B) the date on which compliance with an 
                applicable rule issued under section 6(d) is 
                required.</DELETED>
        <DELETED>    ``(6) Judicial review of waivers.--Not later than 
        60 days after the date on which the Administrator makes a 
        determination on an application of a State or political 
        subdivision of the State under subparagraph (A) or (B) of 
        paragraph (1), any person may file a petition for judicial 
        review in the United States Court of Appeals for the District 
        of Columbia Circuit, which shall have exclusive jurisdiction 
        over the determination.</DELETED>
        <DELETED>    ``(7) Judicial review of prioritization screening 
        decision.--Not later than 60 days after the date on which the 
        Administrator makes a decision on a recommendation made under 
        section 4A(b)(4) to designate a chemical substance as a low 
        priority, the Governor of a State or a State agency with 
        responsibility for protecting health and the environment that 
        submitted the recommendation under section 4A(a)(4)(A), as 
        applicable, may file a petition for judicial review in the 
        United States Court of Appeals for the District of Columbia 
        Circuit, which shall have exclusive jurisdiction over the 
        determination.</DELETED>
<DELETED>    ``(g) Savings.--</DELETED>
        <DELETED>    ``(1) No preemption of common law or statutory 
        causes of action for civil relief or criminal conduct.--
        </DELETED>
                <DELETED>    ``(A) In general.--Nothing in this Act, 
                nor any amendment made by this Act, nor any safety 
                standard, rule, requirement, standard of performance, 
                safety determination, or scientific assessment 
                implemented pursuant to this Act, shall be construed to 
                preempt, displace, or supplant any state or Federal 
                common law rights or any state or Federal statute 
                creating a remedy for civil relief, including those for 
                civil damage, or a penalty for a criminal 
                conduct.</DELETED>
                <DELETED>    ``(B) Clarification of no preemption.--
                Notwithstanding any other provision of this Act, 
                nothing in this Act, nor any amendments made by this 
                Act, shall preempt or preclude any cause of action for 
                personal injury, wrongful death, property damage, or 
                other injury based on negligence, strict liability, 
                products liability, failure to warn, or any other legal 
                theory of liability under any State law, maritime law, 
                or Federal common law or statutory theory.</DELETED>
        <DELETED>    ``(2) No effect on private remedies.--</DELETED>
                <DELETED>    ``(A) Nothing in this Act, nor any 
                amendments made by this Act, nor any rules, 
                regulations, requirements, safety assessments, safety 
                determinations, scientific assessments, or orders 
                issued pursuant to this Act shall be interpreted as, in 
                either the plaintiff's or defendant's favor, 
                dispositive in any civil action.</DELETED>
                <DELETED>    ``(B) This Act does not affect the 
                authority of any court to make a determination in an 
                adjudicatory proceeding under applicable State or 
                Federal law with respect to the admission into evidence 
                or any other use of this Act or rules, regulations, 
                requirements, standards of performance, safety 
                assessments, scientific assessments, or orders issued 
                pursuant to this Act.''.</DELETED>

<DELETED>SEC. 19. JUDICIAL REVIEW.</DELETED>

<DELETED>    Section 19 of the Toxic Substances Control Act (15 U.S.C. 
2618) is amended--</DELETED>
        <DELETED>    (1) in subsection (a)--</DELETED>
                <DELETED>    (A) in paragraph (1)--</DELETED>
                        <DELETED>    (i) in subparagraph (A), 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 ``section 4(a), 5(d), 6(c), 6(d), 
                        6(g), or 8, or title II or IV''; and</DELETED>
                        <DELETED>    (ii) in subparagraph (B), by 
                        striking ``an order issued under subparagraph 
                        (A) or (B) of section 6(b)(1)'' and inserting 
                        ``an order issued under this title''; 
                        and</DELETED>
                <DELETED>    (B) in paragraph (2), in the first 
                sentence, by striking ``paragraph (1)(A)'' and 
                inserting ``paragraph (1)''; and</DELETED>
                <DELETED>    (C) by striking paragraph (3); 
                and</DELETED>
        <DELETED>    (2) in subsection (c)(1)(B)--</DELETED>
                <DELETED>    (A) in clause (i)--</DELETED>
                        <DELETED>    (i) by striking ``section 4(a), 
                        5(b)(4), 6(a), or 6(e)'' and inserting 
                        ``section 4(a), 5(d), 6(d), or 6(g)''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``evidence in the 
                        rulemaking record (as defined in subsection 
                        (a)(3)) taken as a whole;'' and inserting 
                        ``evidence (including any matter) in the 
                        rulemaking record, taken as a whole; and''; 
                        and</DELETED>
                <DELETED>    (B) by striking clauses (ii) and (iii) and 
                the matter following clause (iii) and inserting the 
                following:</DELETED>
                        <DELETED>    ``(ii) the court may not review 
                        the contents and adequacy of any statement of 
                        basis and purpose required by section 553(c) of 
                        title 5, United States Code, to be incorporated 
                        in the rule, except as part of the rulemaking 
                        record, taken as a whole.''.</DELETED>

<DELETED>SEC. 20. CITIZENS' PETITIONS.</DELETED>

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

<DELETED>SEC. 21. EMPLOYMENT EFFECTS.</DELETED>

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

<DELETED>SEC. 22. STUDIES.</DELETED>

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

<DELETED>SEC. 23. ADMINISTRATION.</DELETED>

<DELETED>    Section 26 of the Toxic Substances Control Act (15 U.S.C. 
2625) is amended--</DELETED>
        <DELETED>    (1) by striking subsection (b) and inserting the 
        following:</DELETED>
<DELETED>    ``(b) Fees.--</DELETED>
        <DELETED>    ``(1) In general.--The Administrator shall 
        establish, not later than 1 year after the date of enactment of 
        the Frank R. Lautenberg Chemical Safety for the 21st Century 
        Act, by rule--</DELETED>
                <DELETED>    ``(A) the payment of 1 or more reasonable 
                fees as a condition of submitting a notice or 
                requesting an exemption under section 5; and</DELETED>
                <DELETED>    ``(B) the payment of 1 or more reasonable 
                fees by a manufacturer or processor that--</DELETED>
                        <DELETED>    ``(i) is required to submit a 
                        notice pursuant to the rule promulgated under 
                        section 8(b)(4)(A)(i) identifying a chemical 
                        substance as active;</DELETED>
                        <DELETED>    ``(ii) is required to submit a 
                        notice pursuant to section 8(b)(5)(B)(i) 
                        changing the status of a chemical substance 
                        from inactive to active;</DELETED>
                        <DELETED>    ``(iii) is required to report 
                        information pursuant to the rules promulgated 
                        under section 8(a)(4); and</DELETED>
                        <DELETED>    ``(iv) manufactures or processes a 
                        chemical substance subject to a safety 
                        assessment and safety determination pursuant to 
                        section 6.</DELETED>
        <DELETED>    ``(2) Utilization and collection of fees.--The 
        Administrator shall--</DELETED>
                <DELETED>    ``(A) utilize the fees collected under 
                paragraph (1) only to defray costs associated with the 
                actions of the Administrator--</DELETED>
                        <DELETED>    ``(i) to collect, process, review, 
                        provide access to, and protect from disclosure 
                        (where appropriate) information on chemical 
                        substances under this Act;</DELETED>
                        <DELETED>    ``(ii) to review notices and make 
                        determinations for chemical substances under 
                        paragraphs (1) and (3) of section 5(d) and 
                        impose any necessary restrictions under section 
                        5(d)(4);</DELETED>
                        <DELETED>    ``(iii) to make prioritization 
                        decisions under section 4A;</DELETED>
                        <DELETED>    ``(iv) to conduct and complete 
                        safety assessments and determinations under 
                        section 6; and</DELETED>
                        <DELETED>    ``(v) to conduct any necessary 
                        rulemaking pursuant to section 6(d);</DELETED>
                <DELETED>    ``(B) insofar as possible, collect the 
                fees described in paragraph (1) in advance of 
                conducting any fee-supported activity;</DELETED>
                <DELETED>    ``(C) deposit the fees in the Fund 
                established by paragraph (4)(A); and</DELETED>
                <DELETED>    ``(D) not collect excess fees or retain a 
                significant amount of unused fees.</DELETED>
        <DELETED>    ``(3) Amount and adjustment of fees; refunds.--In 
        setting fees under this section, the Administrator shall--
        </DELETED>
                <DELETED>    ``(A) take into account the cost to the 
                Administrator of conducting the activities described in 
                paragraph (2);</DELETED>
                <DELETED>    ``(B) prescribe lower fees for small 
                business concerns, after consultation with the 
                Administrator of the Small Business 
                Administration;</DELETED>
                <DELETED>    ``(C) set the fees established under 
                paragraph (1) at levels such that the fees will, in 
                aggregate, provide a sustainable source of funds to 
                defray approximately 25 percent of the costs of 
                conducting the activities identified in paragraph 
                (2)(A), not to exceed $18,000,000, not including fees 
                under subparagraph (E) of this paragraph;</DELETED>
                <DELETED>    ``(D) reflect an appropriate balance in 
                the assessment of fees between manufacturers and 
                processors, and allow the payment of fees by consortia 
                of manufacturers or processors;</DELETED>
                <DELETED>    ``(E) for substances designated as 
                additional priorities pursuant to section 4A(c), 
                establish the fee at a level sufficient to defray the 
                full costs to the Administrator of conducting the 
                safety assessment and safety determination under 
                section 6;</DELETED>
                <DELETED>    ``(F) prior to the establishment or 
                amendment of any fees under paragraph (1), consult and 
                meet with parties potentially subject to the fees or 
                their representatives, subject to the condition that no 
                obligation under the Federal Advisory Committee Act (5 
                U.S.C. App.) or subchapter III of chapter 5 of title 5, 
                United States Code, is applicable with respect to such 
                meetings;</DELETED>
                <DELETED>    ``(G) beginning with the fiscal year that 
                is 3 years after the date of enactment of the Frank R. 
                Lautenberg Chemical Safety for the 21st Century Act, 
                and every 3 years thereafter, after consultation with 
                parties potentially subject to the fees and their 
                representatives, increase or decrease the fees 
                established under paragraph (1) as necessary--
                </DELETED>
                        <DELETED>    ``(i) to ensure that funds 
                        deposited in the Fund are sufficient to conduct 
                        the activities identified in paragraph (2)(A) 
                        and the full costs of safety assessments and 
                        safety determinations pursuant to subparagraph 
                        (E); and</DELETED>
                        <DELETED>    ``(ii) to account for 
                        inflation;</DELETED>
                <DELETED>    ``(H) adjust fees established under 
                paragraph (1) as necessary to vary on account of 
                differing circumstances, including reduced fees or 
                waivers in appropriate circumstances, to reduce the 
                burden on manufacturing or processing, remove barriers 
                to innovation, or where the costs to the Administrator 
                of collecting the fees exceed the fee revenue 
                anticipated to be collected; and</DELETED>
                <DELETED>    ``(I) if a notice submitted under section 
                5 is refused or subsequently withdrawn, refund the fee 
                or a portion of the fee if no substantial work was 
                performed on the notice.</DELETED>
        <DELETED>    ``(4) TSCA implementation fund.--</DELETED>
                <DELETED>    ``(A) Establishment.--There is established 
                in the Treasury of the United States a fund, to be 
                known as the `TSCA Implementation Fund' (referred to in 
                this subsection as the `Fund'), consisting of--
                </DELETED>
                        <DELETED>    ``(i) such amounts as are 
                        deposited in the Fund under paragraph (2)(C); 
                        and</DELETED>
                        <DELETED>    ``(ii) any interest earned on the 
                        investment of amounts in the Fund; 
                        and</DELETED>
                        <DELETED>    ``(iii) any proceeds from the sale 
                        or redemption of investments held in the 
                        Fund.</DELETED>
                <DELETED>    ``(B) Crediting and availability of 
                fees.--</DELETED>
                        <DELETED>    ``(i) In general.--Fees authorized 
                        under this section shall be collected and 
                        available for obligation only to the extent and 
                        in the amount provided in advance in 
                        appropriations Acts, and shall be available 
                        without fiscal year limitation.</DELETED>
                        <DELETED>    ``(ii) Requirements.--Fees 
                        collected under this section shall not--
                        </DELETED>
                                <DELETED>    ``(I) be made available or 
                                obligated for any purpose other than to 
                                defray the costs of conducting the 
                                activities identified in paragraph 
                                (2)(A);</DELETED>
                                <DELETED>    ``(II) otherwise be 
                                available for any purpose other than 
                                implementation of this Act; 
                                and</DELETED>
                                <DELETED>    ``(III) so long as amounts 
                                in the Fund remain available, be 
                                subject to restrictions on expenditures 
                                applicable to the Federal government as 
                                a whole.</DELETED>
                <DELETED>    ``(C) Unused funds.--Amounts in the Fund 
                not currently needed to carry out this subsection shall 
                be--</DELETED>
                        <DELETED>    ``(i) maintained readily available 
                        or on deposit;</DELETED>
                        <DELETED>    ``(ii) invested in obligations of 
                        the United States or guaranteed by the United 
                        States; or</DELETED>
                        <DELETED>    ``(iii) invested in obligations, 
                        participations, or other instruments that are 
                        lawful investments for fiduciary, trust, or 
                        public funds.</DELETED>
                <DELETED>    ``(D) Minimum amount of appropriations.--
                Fees may not be assessed for a fiscal year under this 
                section unless the amount of appropriations for 
                salaries, contracts, and expenses for the functions (as 
                in existence in fiscal year 2015) of the Office of 
                Pollution Prevention and Toxics of the Environmental 
                Protection Agency for the fiscal year (excluding the 
                amount of any fees appropriated for the fiscal year) 
                are equal to or greater than the amount of 
                appropriations for covered functions for fiscal year 
                2015 (excluding the amount of any fees appropriated for 
                the fiscal year).</DELETED>
        <DELETED>    ``(5) Auditing.--</DELETED>
                <DELETED>    ``(A) Financial statements of agencies.--
                For the purpose of section 3515(c) of title 31, United 
                States Code, the Fund shall be considered a component 
                of an executive agency.</DELETED>
                <DELETED>    ``(B) Components.--The annual audit 
                required under sections 3515(b) and 3521 of that title 
                of the financial statements of activities under this 
                subsection shall include an analysis of--</DELETED>
                        <DELETED>    ``(i) the fees collected under 
                        paragraph (1) and disbursed;</DELETED>
                        <DELETED>    ``(ii) compliance with the 
                        deadlines established in section 6 of this 
                        Act;</DELETED>
                        <DELETED>    ``(iii) the amounts budgeted, 
                        appropriated, collected from fees, and 
                        disbursed to meet the requirements of sections 
                        4, 4A, 5, 6, 8, and 14, including the 
                        allocation of full time equivalent employees to 
                        each such section or activity; and</DELETED>
                        <DELETED>    ``(iv) the reasonableness of the 
                        allocation of the overhead associated with the 
                        conduct of the activities described in 
                        paragraph (2)(A).</DELETED>
                <DELETED>    ``(C) Inspector general.--The Inspector 
                General of the Environmental Protection Agency shall--
                </DELETED>
                        <DELETED>    ``(i) conduct the annual audit 
                        required under this subsection; and</DELETED>
                        <DELETED>    ``(ii) report the findings and 
                        recommendations of the audit to the 
                        Administrator and to the appropriate committees 
                        of Congress.</DELETED>
        <DELETED>    ``(6) Termination.--The authority provided by this 
        section shall terminate at the conclusion of the fiscal year 
        that is 10 years after the date of enactment of the Frank R. 
        Lautenberg Chemical Safety for the 21st Century Act, unless 
        otherwise reauthorized or modified by Congress.'';</DELETED>
        <DELETED>    (2) in subsection (e), by striking ``Health, 
        Education, and Welfare'' each place it appears and inserting 
        ``Health and Human Services''; and</DELETED>
        <DELETED>    (3) adding at the end the following:</DELETED>
<DELETED>    ``(h) Prior Actions.--Nothing in this Act eliminates, 
modifies, or withdraws any rule promulgated, order issued, or exemption 
established pursuant to this Act before the date of enactment of the 
Frank R. Lautenberg Chemical Safety for the 21st Century 
Act.''.</DELETED>

<DELETED>SEC. 24. DEVELOPMENT AND EVALUATION OF TEST METHODS AND 
              SUSTAINABLE CHEMISTRY.</DELETED>

<DELETED>    Section 27 of the Toxic Substances Control Act (15 U.S.C. 
2626) is amended--</DELETED>
        <DELETED>    (1) in subsection (a), in the first sentence by 
        striking ``Health, Education, and Welfare'' and inserting 
        ``Health and Human Services''; and</DELETED>
        <DELETED>    (2) by adding at the end the following:</DELETED>
<DELETED>    ``(c) Sustainable Chemistry Program.--The President shall 
establish an interagency Sustainable Chemistry Program to promote and 
coordinate Federal sustainable chemistry research, development, 
demonstration, technology transfer, commercialization, education, and 
training activities.</DELETED>
<DELETED>    ``(d) Program Activities.--The activities of the Program 
shall be designed to--</DELETED>
        <DELETED>    ``(1) provide sustained support for sustainable 
        chemistry research, development, demonstration, technology 
        transfer, commercialization, education, and training through--
        </DELETED>
                <DELETED>    ``(A) coordination of sustainable 
                chemistry research, development, demonstration, and 
                technology transfer conducted at Federal laboratories 
                and agencies; and</DELETED>
                <DELETED>    ``(B) to the extent practicable, 
                encouragement of consideration of sustainable chemistry 
                in, as appropriate--</DELETED>
                        <DELETED>    ``(i) the conduct of Federal and 
                        State science and engineering research and 
                        development; and</DELETED>
                        <DELETED>    ``(ii) the solicitation and 
                        evaluation of applicable proposals for science 
                        and engineering research and 
                        development;</DELETED>
        <DELETED>    ``(2) examine methods by which the Federal 
        Government can create incentives for consideration and use of 
        sustainable chemistry processes and products, including 
        innovative financing mechanisms;</DELETED>
        <DELETED>    ``(3) expand the education and training of 
        undergraduate and graduate students and professional scientists 
        and engineers, including through partnerships with industry, in 
        sustainable chemistry science and engineering;</DELETED>
        <DELETED>    ``(4) collect and disseminate information on 
        sustainable chemistry research, development, and technology 
        transfer including information on--</DELETED>
                <DELETED>    ``(A) incentives and impediments to 
                development, manufacturing, and 
                commercialization;</DELETED>
                <DELETED>    ``(B) accomplishments;</DELETED>
                <DELETED>    ``(C) best practices; and</DELETED>
                <DELETED>    ``(D) costs and benefits; and</DELETED>
        <DELETED>    ``(5) support (including through technical 
        assistance, participation, financial support, or other forms of 
        support) economic, legal, and other appropriate social science 
        research to identify barriers to commercialization and methods 
        to advance commercialization of sustainable 
        chemistry.</DELETED>
<DELETED>    ``(e) Interagency Working Group.--</DELETED>
        <DELETED>    ``(1) Establishment.--Not later than 180 days 
        after the date of enactment of the Frank R. Lautenberg Chemical 
        Safety for the 21st Century Act, the President, in consultation 
        with the Office of Science and Technology Policy, shall 
        establish an Interagency Working Group that shall include 
        representatives from the National Science Foundation, the 
        National Institute of Standards and Technology, the Department 
        of Energy, the Environmental Protection Agency, the Department 
        of Agriculture, the Department of Defense, the National 
        Institutes of Health, and any other agency that the President 
        may designate to oversee the planning, management, and 
        coordination of the Program.</DELETED>
        <DELETED>    ``(2) Governance.--The Director of the National 
        Science Foundation and the Assistant Administrator for Research 
        and Development of the Environmental Protection Agency, or 
        their designees, shall serve as co-chairs of the Interagency 
        Working Group.</DELETED>
        <DELETED>    ``(3) Responsibilities.--In overseeing the 
        planning, management, and coordination of the Program, the 
        Interagency Working Group shall--</DELETED>
                <DELETED>    ``(A) establish goals and priorities for 
                the Program, in consultation with the Advisory 
                Council;</DELETED>
                <DELETED>    ``(B) provide for interagency 
                coordination, including budget coordination, of 
                activities under the Program;</DELETED>
                <DELETED>    ``(C) meet not later than 90 days from its 
                establishment and periodically thereafter; 
                and</DELETED>
                <DELETED>    ``(D) establish and consult with an 
                Advisory Council on a regular basis.</DELETED>
        <DELETED>    ``(4) Membership.--The Advisory Council members 
        shall not be employees of the Federal Government and shall 
        include a diverse representation of knowledgeable individuals 
        from the private sector (including small- and medium-sized 
        enterprises from across the value chain), academia, State and 
        tribal governments, and nongovernmental organizations and 
        others who are in a position to provide expertise.</DELETED>
<DELETED>    ``(f) Agency Budget Requests.--</DELETED>
        <DELETED>    ``(1) In general.--Each Federal agency and 
        department participating in the Program shall, as part of its 
        annual request for appropriations to the Office of Management 
        and Budget, submit a report to the Office of Management and 
        Budget that--</DELETED>
                <DELETED>    ``(A) identifies the activities of the 
                agency or department that contribute directly to the 
                Program; and</DELETED>
                <DELETED>    ``(B) states the portion of the agency or 
                department's request for appropriations that is 
                allocated to those activities.</DELETED>
        <DELETED>    ``(2) Annual budget request to congress.--The 
        President shall include in the annual budget request to 
        Congress a statement of the portion of the annual budget 
        request for each agency or department that will be allocated to 
        activities undertaken pursuant to the Program.</DELETED>
<DELETED>    ``(g) Report to Congress.--</DELETED>
        <DELETED>    ``(1) In general.--Not later than 2 years after 
        the date of enactment of the Frank R. Lautenberg Chemical 
        Safety for the 21st Century Act, the Interagency Working Group 
        shall submit a report to the Committee on Science, Space, and 
        Technology and Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Environment and Public 
        Works and the Committee on Commerce, Science, and 
        Transportation of the Senate that shall include--</DELETED>
                <DELETED>    ``(A) a summary of federally funded 
                sustainable chemistry research, development, 
                demonstration, technology transfer, commercialization, 
                education, and training activities;</DELETED>
                <DELETED>    ``(B) a summary of the financial resources 
                allocated to sustainable chemistry 
                initiatives;</DELETED>
                <DELETED>    ``(C) an analysis of the progress made 
                toward achieving the goals and priorities of this Act, 
                and recommendations for future program 
                activities;</DELETED>
                <DELETED>    ``(D) an assessment of the benefits of 
                expanding existing, federally supported regional 
                innovation and manufacturing hubs to include 
                sustainable chemistry and the value of directing the 
                creation of 1 or more dedicated sustainable chemistry 
                centers of excellence or hubs; and</DELETED>
                <DELETED>    ``(E) an evaluation of steps taken and 
                future strategies to avoid duplication of efforts, 
                streamline interagency coordination, facilitate 
                information sharing, and spread best practices between 
                participating agencies in the Program.</DELETED>
        <DELETED>    ``(2) Submission to gao.--The Interagency Working 
        Group shall also submit the report described in paragraph (1) 
        to the Government Accountability Office for consideration in 
        future Congressional inquiries.''.</DELETED>

<DELETED>SEC. 25. STATE PROGRAMS.</DELETED>

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

<DELETED>SEC. 26. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

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

<DELETED>SEC. 27. ANNUAL REPORT.</DELETED>

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

<DELETED>SEC. 28. EFFECTIVE DATE.</DELETED>

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

SECTION 1. SHORT TITLE.

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

SEC. 2. FINDINGS, POLICY, AND INTENT.

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

SEC. 3. DEFINITIONS.

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

SEC. 4. POLICIES, PROCEDURES, AND GUIDANCE.

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

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

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

SEC. 5. TESTING OF CHEMICAL SUBSTANCES OR MIXTURES.

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

SEC. 6. PRIORITIZATION SCREENING.

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

``SEC. 4A. PRIORITIZATION SCREENING.

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

SEC. 7. NEW CHEMICALS AND SIGNIFICANT NEW USES.

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

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

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

SEC. 8. SAFETY ASSESSMENTS AND SAFETY DETERMINATIONS.

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

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

            (2) by redesignating subsections (e) and (f) as subsections 
        (g) and (h), respectively;
            (3) by striking subsections (a) through (d) and inserting 
        the following:
    ``(a) In General.--The Administrator--
            ``(1) shall conduct a safety assessment and make a safety 
        determination of each high-priority substance in accordance 
        with subsections (b) and (c);
            ``(2) shall, as soon as practicable and not later than 6 
        months after the date on which a chemical substance is 
        designated as a high-priority substance, define and publish the 
        scope of the safety assessment and safety determination to be 
        conducted pursuant to this section, including the hazards, 
        exposures, conditions of use, and potentially exposed or 
        susceptible populations that the Administrator expects to 
        consider;
            ``(3) as appropriate based on the results of a safety 
        determination, shall establish restrictions pursuant to 
        subsection (d);
            ``(4) shall complete a safety assessment and safety 
        determination not later than 3 years after the date on which a 
        chemical substance is designated as a high-priority substance;
            ``(5) shall promulgate a final rule pursuant to subsection 
        (d) by not later than 2 years after the date on which the 
        safety determination is completed; and
            ``(6) may extend any deadline under paragraph (4) or (5) 
        for a reasonable period of time after an adequate public 
        justification, subject to the condition that the aggregate 
        length of all extensions of deadlines under this subsection, 
        plus any deferral under subsection (c)(2), does not exceed 2 
        years.
    ``(b) Prior Actions and Notice of Existing Information.--
            ``(1) Prior-initiated assessments.--
                    ``(A) In general.--Nothing in this Act prevents the 
                Administrator from initiating a safety assessment or 
                safety determination regarding a chemical substance, or 
                from continuing or completing such a safety assessment 
                or safety determination that was initiated before the 
                date of enactment of the Frank R. Lautenberg Chemical 
                Safety for the 21st Century Act, prior to the effective 
                date of the policies and procedures required to be 
                established by the Administrator under section 3A or 
                4A.
                    ``(B) Integration of prior policies and 
                procedures.--As policies and procedures under section 
                3A and 4A are established, to the maximum extent 
                practicable, the Administrator shall integrate the 
                policies and procedures into ongoing safety assessments 
                and safety determinations.
            ``(2) Actions completed prior to completion of policies and 
        procedures.--Nothing in this Act requires the Administrator to 
        revise or withdraw a completed safety assessment, safety 
        determination, or rule solely because the action was completed 
        prior to the completion of a policy or procedure established 
        under section 3A or 4A, and the validity of a completed 
        assessment, determination, or rule shall not be determined 
        based on the content of such a policy or procedure.
            ``(3) Notice of existing information.--
                    ``(A) In general.--The Administrator shall, where 
                such information is available, take notice of existing 
                information regarding hazard and exposure published by 
                other Federal agencies and the National Academies and 
                incorporate the information in safety assessments and 
                safety determinations with the objective of increasing 
                the efficiency of the safety assessments and safety 
                determinations.
                    ``(B) Inclusion of information.--Existing 
                information described in subparagraph (A) should be 
                included to the extent practicable and where the 
                Administrator determines the information is relevant 
                and scientifically reliable.
    ``(c) Safety Determinations.--
            ``(1) In general.--Based on a review of the information 
        available to the Administrator, including draft safety 
        assessments submitted by interested persons, and subject to 
        section 18, the Administrator shall determine that--
                    ``(A) the relevant chemical substance meets the 
                safety standard;
                    ``(B) the relevant chemical substance does not meet 
                the safety standard, in which case the Administrator 
                shall, by rule under subsection (d)--
                            ``(i) impose restrictions necessary to 
                        ensure that the chemical substance meets the 
                        safety standard under the conditions of use; or
                            ``(ii) if the safety standard cannot be met 
                        with the application of restrictions, ban or 
                        phase out the chemical substance, as 
                        appropriate; or
                    ``(C) additional information is necessary in order 
                to make a determination under subparagraph (A) or (B), 
                in which case the Administrator shall take appropriate 
                action under paragraph (2).
            ``(2) Additional information.--If the Administrator 
        determines that additional information is necessary to make a 
        safety assessment or safety determination for a high-priority 
        substance, the Administrator--
                    ``(A) shall provide an opportunity for interested 
                persons to submit the additional information;
                    ``(B) may promulgate a rule, enter into a testing 
                consent agreement, or issue an order under section 4 to 
                require the development of the information;
                    ``(C) may defer, for a reasonable period consistent 
                with the deadlines described in subsection (a), a 
                safety assessment and safety determination until after 
                receipt of the information; and
                    ``(D) consistent with the deadlines described in 
                subsection (a), on receipt of information the 
                Administrator finds supports the safety assessment and 
                safety determination, shall make a determination under 
                paragraph (1).
            ``(3) Establishment of deadline.--In requesting the 
        development or submission of information under this section, 
        the Administrator shall establish a deadline for the submission 
        of the information.
    ``(d) Rule.--
            ``(1) Implementation.--If the Administrator makes a 
        determination under subsection (c)(1)(B) with respect to a 
        chemical substance, the Administrator shall promulgate a rule 
        establishing restrictions necessary to ensure that the chemical 
        substance meets the safety standard.
            ``(2) Scope.--
                    ``(A) In general.--The rule promulgated pursuant to 
                this subsection--
                            ``(i) may apply to mixtures containing the 
                        chemical substance, as appropriate;
                            ``(ii) shall include dates by which 
                        compliance is mandatory, which--
                                    ``(I) shall be as soon as 
                                practicable;
                                    ``(II) in the case of a ban or 
                                phase-out of the chemical substance, 
                                shall implement the ban or phase-out in 
                                as short a period as practicable; and
                                    ``(III) as determined by the 
                                Administrator, may vary for different 
                                affected persons; and
                            ``(iii) shall exempt replacement parts that 
                        are manufactured prior to the effective date of 
                        the rule for articles that are first 
                        manufactured prior to the effective date of the 
                        rule unless the Administrator finds the 
                        replacement parts contribute significantly to 
                        the identified risk; and
                            ``(iv) shall, in selecting among 
                        prohibitions and other restrictions, apply such 
                        prohibitions or other restrictions to articles 
                        containing the chemical substance only to the 
                        extent necessary to address the identified 
                        risks in order to determine that the chemical 
                        substance meets the safety standard.
                    ``(B) Persistent and bioaccumulative substances.--
                For a chemical substance the Administrator determines 
                ranks high for persistence and bioaccumulation, the 
                Administrator shall, in selecting among prohibitions 
                and other restrictions that the Administrator 
                determines are sufficient to ensure that the chemical 
                substance meets the safety standard, reduce exposure to 
                the substance to the maximum extent practicable.
                    ``(C) Workplace exposures.--The Administrator shall 
                consult with the Assistant Secretary of Labor for 
                Occupational Safety and Health before adopting any 
                prohibition or other restriction under this subsection 
                to address workplace exposures.
                    ``(D) Definition of requirement.--For the purposes 
                of this Act, the term `requirement' as used in this 
                section does not displace common law.
            ``(3) Restrictions.--A restriction under paragraph (1) may 
        include, as appropriate--
                    ``(A) subject to section 18, a requirement that a 
                chemical substance shall be marked with, or accompanied 
                by, clear and adequate minimum warnings and 
                instructions with respect to use, distribution in 
                commerce, or disposal, or any combination of those 
                activities, with the form and content of the minimum 
                warnings and instructions to be prescribed by the 
                Administrator;
                    ``(B) a requirement that manufacturers or 
                processors of the chemical substance shall--
                            ``(i) make and retain records of the 
                        processes used to manufacture or process the 
                        chemical substance;
                            ``(ii) describe and apply the relevant 
                        quality control procedures followed in the 
                        manufacturing or processing of the substance; 
                        or
                            ``(iii) monitor or conduct tests that are 
                        reasonably necessary to ensure compliance with 
                        the requirements of any rule under this 
                        subsection;
                    ``(C) a restriction on the quantity of the chemical 
                substance that may be manufactured, processed, or 
                distributed in commerce;
                    ``(D) a requirement to ban or phase out, or any 
                other rule regarding, the manufacture, processing, or 
                distribution in commerce of the chemical substance 
                for--
                            ``(i) a particular use;
                            ``(ii) a particular use at a concentration 
                        in excess of a level specified by the 
                        Administrator; or
                            ``(iii) all uses;
                    ``(E) a restriction on the quantity of the chemical 
                substance that may be manufactured, processed, or 
                distributed in commerce for--
                            ``(i) a particular use; or
                            ``(ii) a particular use at a concentration 
                        in excess of a level specified by the 
                        Administrator;
                    ``(F) a requirement to ban, phase out, or otherwise 
                restrict any method of commercial use of the chemical 
                substance;
                    ``(G) a requirement to ban, phase out, or otherwise 
                restrict any method of disposal of the chemical 
                substance or any article containing the chemical 
                substance; and
                    ``(H) a requirement directing manufacturers or 
                processors of the chemical substance to give notice of 
                the Administrator's determination under subsection 
                (c)(1)(B) to distributors in commerce of the chemical 
                substance and, to the extent reasonably ascertainable, 
                to other persons in the chain of commerce in possession 
                of the chemical substance.
            ``(4) Analysis for rulemaking.--
                    ``(A) Considerations.--In deciding which 
                restrictions to impose under paragraph (3) as part of 
                developing a rule under paragraph (1), the 
                Administrator shall take into consideration, to the 
                extent practicable based on reasonably available 
                information, the quantifiable and nonquantifiable costs 
                and benefits of the proposed regulatory action and of 
                the 1 or more primary alternative regulatory actions 
                considered by the Administrator.
                    ``(B) Alternatives.--As part of the analysis, the 
                Administrator shall review any 1 or more technically 
                and economically feasible alternatives to the chemical 
                substance that the Administrator determines are 
                relevant to the rulemaking.
                    ``(C) Public availability.--In proposing a rule 
                under paragraph (1), the Administrator shall make 
                publicly available any analysis conducted under this 
                paragraph.
                    ``(D) Statement required.--In making final a rule 
                under paragraph (1), the Administrator shall include a 
                statement describing how the analysis considered under 
                subparagraph (A) was taken into account.
            ``(5) Exemptions.--
                    ``(A) In general.--The Administrator may exempt 1 
                or more uses of a chemical substance from any 
                restriction in a rule promulgated under paragraph (1) 
                if the Administrator determines that--
                            ``(i) the rule cannot be complied with, 
                        without--
                                    ``(I) harming national security;
                                    ``(II) causing significant 
                                disruption in the national economy due 
                                to the lack of availability of a 
                                chemical substance; or
                                    ``(III) interfering with a critical 
                                or essential use for which no 
                                technically and economically feasible 
                                safer alternative is available, taking 
                                into consideration hazard and exposure; 
                                or
                            ``(ii) the use of the chemical substance, 
                        as compared to reasonably available 
                        alternatives, provides a substantial benefit to 
                        health, the environment, or public safety.
                    ``(B) Exemption analysis.--In proposing a rule 
                under paragraph (1) that includes an exemption under 
                this paragraph, the Administrator shall make publicly 
                available any analysis conducted under this paragraph 
                to assess the need for the exemption.
                    ``(C) Statement required.--In making final a rule 
                under paragraph (1) that includes an exemption under 
                this paragraph, the Administrator shall include a 
                statement describing how the analysis considered under 
                subparagraph (B) was taken into account.
                    ``(D) Analysis in case of ban or phase-out.--In 
                determining whether an exemption should be granted 
                under this paragraph for a chemical substance for which 
                a ban or phase-out is proposed, the Administrator shall 
                take into consideration, to the extent practicable 
                based on reasonably available information, the 
                quantifiable and nonquantifiable costs and benefits of 
                the 1 or more technically and economically feasible 
                alternatives to the chemical substance most likely to 
                be used in place of the chemical substance under the 
                conditions of use if the rule is promulgated.
                    ``(E) Conditions.--As part of a rule promulgated 
                under paragraph (1), the Administrator shall include 
                conditions in any exemption established under this 
                paragraph, including reasonable recordkeeping, 
                monitoring, and reporting requirements, to the extent 
                that the Administrator determines the conditions are 
                necessary to protect health and the environment while 
                achieving the purposes of the exemption.
                    ``(F) Duration.--
                            ``(i) In general.--The Administrator shall 
                        establish, as part of a rule under paragraph 
                        (1) that contains an exemption under this 
                        paragraph, a time limit on any exemption for a 
                        time to be determined by the Administrator as 
                        reasonable on a case-by-case basis.
                            ``(ii) Authority of administrator.--The 
                        Administrator, by rule, may extend, modify, or 
                        eliminate the exemption if the Administrator 
                        determines, on the basis of reasonably 
                        available information and after adequate public 
                        justification, the exemption warrants extension 
                        or is no longer necessary.
                            ``(iii) Considerations.--
                                    ``(I) In general.--Subject to 
                                subclause (II), the Administrator shall 
                                issue exemptions and establish time 
                                periods by considering factors 
                                determined by the Administrator to be 
                                relevant to the goals of fostering 
                                innovation and the development of 
                                alternatives that meet the safety 
                                standard.
                                    ``(II) Limitation.--Any renewal of 
                                an exemption in the case of a rule 
                                requiring the ban or phase-out of a 
                                chemical substance shall not exceed 5 
                                years.
    ``(e) Immediate Effect.--The Administrator may declare a proposed 
rule under subsection (d)(1) to be effective on publication of the rule 
in the Federal Register and until the effective date of final action 
taken respecting the rule, if--
            ``(1) the Administrator determines that--
                    ``(A) the manufacture, processing, distribution in 
                commerce, use, or disposal of the chemical substance or 
                mixture subject to the proposed rule or any combination 
                of those activities is likely to result in a risk of 
                serious or widespread injury to health or the 
                environment before the effective date; and
                    ``(B) making the proposed rule so effective is 
                necessary to protect the public interest; and
            ``(2) in the case of a proposed rule to prohibit the 
        manufacture, processing, or distribution in commerce of a 
        chemical substance or mixture because of the risk determined 
        under paragraph (1)(A), a court has granted relief in an action 
        under section 7 with respect to that risk associated with the 
        chemical substance or mixture.
    ``(f) Final Agency Action.--Under this section and subject to 
section 18--
            ``(1) a safety determination, and the associated safety 
        assessment, for a chemical substance that the Administrator 
        determines under subsection (c) meets the safety standard, 
        shall be considered to be a final agency action, effective 
        beginning on the date of issuance of the final safety 
        determination; and
            ``(2) a final rule promulgated under subsection (d)(1), and 
        the associated safety assessment and safety determination that 
        a chemical substance does not meet the safety standard, shall 
        be considered to be a final agency action, effective beginning 
        on the date of promulgation of the final rule.''; and
            (4) in subsection (g) (as redesignated by paragraph (2))--
                    (A) by striking paragraph (4); and
                    (B) by redesignating paragraph (5) as paragraph 
                (4).

SEC. 9. IMMINENT HAZARDS.

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

SEC. 10. INFORMATION COLLECTION AND REPORTING.

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

SEC. 11. RELATIONSHIP TO OTHER FEDERAL LAWS.

    Section 9 of the Toxic Substances Control Act (15 U.S.C. 2608) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), in the first sentence--
                            (i) by striking ``presents or will present 
                        an unreasonable risk to health or the 
                        environment'' and inserting ``does not meet the 
                        safety standard''; and
                            (ii) by striking ``such risk'' the first 
                        place it appears and inserting ``the risk posed 
                        by the substance or mixture'';
                    (B) in paragraph (2), in the matter following 
                subparagraph (B), by striking ``section 6 or 7'' and 
                inserting ``section 6(d) or section 7''; and
                    (C) in paragraph (3), by striking ``section 6 or 
                7'' and inserting ``section 6(d) or 7'';
            (2) in subsection (d), in the first sentence, by striking 
        ``Health, Education, and Welfare'' and inserting ``Health and 
        Human Services''; and
            (3) by adding at the end the following:
    ``(e) Exposure Information.--If the Administrator obtains 
information related to exposures or releases of a chemical substance 
that may be prevented or reduced under another Federal law, including 
laws not administered by the Administrator, the Administrator shall 
make such information available to the relevant Federal agency or 
office of the Environmental Protection Agency.''.

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

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

SEC. 13. EXPORTS.

    Section 12 of the Toxic Substances Control Act (15 U.S.C. 2611) is 
amended--
            (1) in subsection (a), by striking paragraph (2) and 
        inserting the following:
            ``(2) Exception.--Paragraph (1) shall not apply to any 
        chemical substance that the Administrator determines--
                    ``(A) under section 5 is not likely to meet the 
                safety standard; or
                    ``(B) under section 6 does not meet the safety 
                standard.
            ``(3) Waivers.--For a mixture or article containing a 
        chemical substance described in paragraph (2), the 
        Administrator may--
                    ``(A) determine that paragraph (1) shall not apply 
                to the mixture or article; or
                    ``(B) establish a threshold concentration in a 
                mixture or article at which paragraph (1) shall not 
                apply.
            ``(4) Testing.--The Administrator may require testing under 
        section 4 of any chemical substance or mixture exempted from 
        this Act under paragraph (1) for the purpose of determining 
        whether the chemical substance or mixture meets the safety 
        standard within the United States.'';
            (2) by striking subsection (b) and inserting the following:
    ``(b) Notice.--
            ``(1) In general.--A person shall notify the Administrator 
        that the person is exporting or intends to export to a foreign 
        country--
                    ``(A) a chemical substance or a mixture containing 
                a chemical substance that the Administrator has 
                determined under section 5 is not likely to meet the 
                safety standard and for which a prohibition or other 
                restriction has been proposed or established under that 
                section;
                    ``(B) a chemical substance or a mixture containing 
                a chemical substance that the Administrator has 
                determined under section 6 does not meet the safety 
                standard and for which a prohibition or other 
                restriction has been proposed or established under that 
                section;
                    ``(C) a chemical substance for which the United 
                States is obligated by treaty to provide export 
                notification;
                    ``(D) a chemical substance or mixture subject to a 
                significant new use rule, or a prohibition or other 
                restriction pursuant to a rule, order, or consent 
                agreement in effect under this Act; or
                    ``(E) a chemical substance or mixture for which the 
                submission of information is required under section 4.
            ``(2) Rules.--
                    ``(A) In general.--The Administrator shall 
                promulgate rules to carry out paragraph (1).
                    ``(B) Contents.--The rules promulgated pursuant to 
                subparagraph (A) shall--
                            ``(i) include such exemptions as the 
                        Administrator determines to be appropriate, 
                        which may include exemptions identified under 
                        section 5(h); and
                            ``(ii) indicate whether, or to what extent, 
                        the rules apply to articles containing a 
                        chemical substance or mixture described in 
                        paragraph (1).
            ``(3) Notification.--The Administrator shall submit to the 
        government of each country to which a chemical substance or 
        mixture is exported--
                    ``(A) for a chemical substance or mixture described 
                in subparagraph (A), (B), or (D) of paragraph (1), a 
                notice of the determination, rule, order, consent 
                agreement, requirement, or designation;
                    ``(B) for a chemical substance described in 
                paragraph (1)(C), a notice that satisfies the 
                obligation of the United States under the applicable 
                treaty; and
                    ``(C) for a chemical substance or mixture described 
                in paragraph (1)(E), a notice of availability of the 
                information on the chemical substance or mixture 
                submitted to the Administrator.''; and
            (3) in subsection (c)--
                    (A) by striking paragraph (3); and
                    (B) by redesignating paragraphs (4) through (6) as 
                paragraphs (3) through (5), respectively.

SEC. 14. CONFIDENTIAL INFORMATION.

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

``SEC. 14. CONFIDENTIAL INFORMATION.

    ``(a) In General.--Except as otherwise provided in this section, 
the Administrator shall not disclose information that is exempt from 
disclosure pursuant to subsection (a) of section 552 of title 5, United 
States Code, under subsection (b)(4) of that section--
            ``(1) that is reported to, or otherwise obtained by, the 
        Administrator under this Act; and
            ``(2) for which the requirements of subsection (d) are met.
    ``(b) Information Generally Protected From Disclosure.--The 
following information specific to, and submitted by, a manufacturer, 
processor, or distributor that meets the requirements of subsections 
(a) and (d) shall be presumed to be protected from disclosure, subject 
to the condition that nothing in this Act prohibits the disclosure of 
any such information, or information that is the subject of subsection 
(g)(3), through discovery, subpoena, other court order, or any other 
judicial process otherwise allowed under applicable Federal or State 
law:
            ``(1) Specific information describing the processes used in 
        manufacture or processing of a chemical substance, mixture, or 
        article.
            ``(2) Marketing and sales information.
            ``(3) Information identifying a supplier or customer.
            ``(4) Details of the full composition of a mixture and the 
        respective percentages of constituents.
            ``(5) Specific information regarding the use, function, or 
        application of a chemical substance or mixture in a process, 
        mixture, or product.
            ``(6) Specific production or import volumes of the 
        manufacturer and specific aggregated volumes across 
        manufacturers, if the Administrator determines that disclosure 
        of the specific aggregated volumes would reveal confidential 
        information.
            ``(7) Except as otherwise provided in this section, the 
        specific identity of a chemical substance prior to the date on 
        which the chemical substance is first offered for commercial 
        distribution, including the chemical name, molecular formula, 
        Chemical Abstracts Service number, and other information that 
        would identify a specific chemical substance, if--
                    ``(A) the specific identity was claimed as 
                confidential information at the time it was submitted 
                in a notice under section 5; and
                    ``(B) the claim--
                            ``(i) is not subject to an exception under 
                        subsection (e); or
                            ``(ii) has not subsequently been withdrawn 
                        or found by the Administrator not to warrant 
                        protection as confidential information under 
                        subsection (f)(2) or (g).
    ``(c) Information Not Protected From Disclosure.--Notwithstanding 
subsections (a) and (b), the following information shall not be 
protected from disclosure:
            ``(1) Information from health and safety studies.--
                    ``(A) In general.--Subject to subparagraph (B), 
                subsection (a) does not prohibit the disclosure of--
                            ``(i) any health and safety study that is 
                        submitted under this Act with respect to--
                                    ``(I) any chemical substance or 
                                mixture that, on the date on which the 
                                study is to be disclosed, has been 
                                offered for commercial distribution; or
                                    ``(II) any chemical substance or 
                                mixture for which--
                                            ``(aa) testing is required 
                                        under section 4; or
                                            ``(bb) a notification is 
                                        required under section 5; or
                            ``(ii) any information reported to, or 
                        otherwise obtained by, the Administrator from a 
                        health and safety study relating to a chemical 
                        substance or mixture described in subclause (I) 
                        or (II) of clause (i).
                    ``(B) Effect of paragraph.--Nothing in this 
                paragraph authorizes the release of any information 
                that discloses--
                            ``(i) a process used in the manufacturing 
                        or processing of a chemical substance or 
                        mixture; or
                            ``(ii) in the case of a mixture, the 
                        portion of the mixture comprised by any 
                        chemical substance in the mixture.
            ``(2) Certain requests.--If a request is made to the 
        Administrator under section 552(a) of title 5, United States 
        Code, for information that is described in paragraph (1) that 
        is not described in paragraph (1)(B), the Administrator may not 
        deny the request on the basis of section 552(b)(4) of title 5, 
        United States Code.
            ``(3) Other information not protected from disclosure.--The 
        following information is not protected from disclosure under 
        this section:
                    ``(A) For information submitted after the date of 
                enactment of the Frank R. Lautenberg Chemical Safety 
                for the 21st Century Act, the specific identity of a 
                chemical substance as of the date on which the chemical 
                substance is first offered for commercial distribution, 
                if the person submitting the information does not meet 
                the requirements of subsection (d).
                    ``(B) A safety assessment developed, or a safety 
                determination made, under section 6.
                    ``(C) Any general information describing the 
                manufacturing volumes, expressed as specific aggregated 
                volumes or, if the Administrator determines that 
                disclosure of specific aggregated volumes would reveal 
                confidential information, expressed in ranges.
                    ``(D) A general description of a process used in 
                the manufacture or processing and industrial, 
                commercial, or consumer functions and uses of a 
                chemical substance, mixture, or article containing a 
                chemical substance or mixture, including information 
                specific to an industry or industry sector that 
                customarily would be shared with the general public or 
                within an industry or industry sector.
            ``(4) Mixed confidential and nonconfidential information 
        .--Any information that is otherwise eligible for protection 
        under this section and contained in a submission of information 
        described in this subsection shall be protected from 
        disclosure, if the submitter complies with subsection (d), 
        subject to the condition that information in the submission 
        that is not eligible for protection against disclosure shall be 
        disclosed.
            ``(5) Ban or phase-out.--If the Administrator promulgates a 
        rule pursuant to section 6(d) that establishes a ban or phase-
        out of the manufacture, processing, or distribution in commerce 
        of a chemical substance, subject to paragraphs (2), (3), and 
        (4) of subsection (g), any protection from disclosure provided 
        under this section with respect to the specific identity of the 
        chemical substance and other information relating to the 
        chemical substance shall no longer apply.
    ``(d) Requirements for Confidentiality Claims.--
            ``(1) Assertion of claims.--
                    ``(A) In general.--A person seeking to protect any 
                information submitted under this Act from disclosure 
                (including information described in subsection (b)) 
                shall assert to the Administrator a claim for 
                protection concurrent with submission of the 
                information, in accordance with such rules regarding a 
                claim for protection from disclosure as the 
                Administrator has promulgated or may promulgate 
                pursuant to this title.
                    ``(B) Inclusion.--An assertion of a claim under 
                subparagraph (A) shall include a statement that the 
                person has--
                            ``(i) taken reasonable measures to protect 
                        the confidentiality of the information;
                            ``(ii) determined that the information is 
                        not required to be disclosed or otherwise made 
                        available to the public under any other Federal 
                        law;
                            ``(iii) a reasonable basis to conclude that 
                        disclosure of the information is likely to 
                        cause substantial harm to the competitive 
                        position of the person; and
                            ``(iv) a reasonable basis to believe that 
                        the information is not readily discoverable 
                        through reverse engineering.
                    ``(C) Specific chemical identity.--In the case of a 
                claim under subparagraph (A) for protection against 
                disclosure of a specific chemical identity, the claim 
                shall include a structurally descriptive generic name 
                for the chemical substance that the Administrator may 
                disclose to the public, subject to the condition that 
                the generic name shall--
                            ``(i) conform with guidance prescribed by 
                        the Administrator under paragraph (3)(A); and
                            ``(ii) describe the chemical structure of 
                        the substance as specifically as practicable 
                        while protecting those features of the chemical 
                        structure--
                                    ``(I) that are considered to be 
                                confidential; and
                                    ``(II) the disclosure of which 
                                would be likely to harm the competitive 
                                position of the person.
                    ``(D) Public information.--No person may assert a 
                claim under this section for protection from disclosure 
                of information that is already publicly available.
            ``(2) Additional requirements for confidentiality claims.--
        Except for information described in paragraphs (1) through (7) 
        of subsection (b), a person asserting a claim to protect 
        information from disclosure under this Act shall substantiate 
        the claim, in accordance with the rules promulgated and 
        guidance issued by the Administrator.
            ``(3) Guidance.--The Administrator shall develop guidance 
        regarding--
                    ``(A) the determination of structurally descriptive 
                generic names, in the case of claims for the protection 
                against disclosure of specific chemical identity; and
                    ``(B) the content and form of the statements of 
                need and agreements required under paragraphs (4), (5), 
                and (6) of subsection (e).
            ``(4) Certification.--An authorized official of a person 
        described in paragraph (1)(A) shall certify that the 
        information that has been submitted is true and correct.
    ``(e) Exceptions to Protection From Disclosure.--Information 
described in subsection (a)--
            ``(1) shall be disclosed if the information is to be 
        disclosed to an officer or employee of the United States in 
        connection with the official duties of the officer or 
        employee--
                    ``(A) under any law for the protection of health or 
                the environment; or
                    ``(B) for a specific law enforcement purpose;
            ``(2) shall be disclosed if the information is to be 
        disclosed to a contractor of the United States and employees of 
        that contractor--
                    ``(A) if, in the opinion of the Administrator, the 
                disclosure is necessary for the satisfactory 
                performance by the contractor of a contract with the 
                United States for the performance of work in connection 
                with this Act; and
                    ``(B) subject to such conditions as the 
                Administrator may specify;
            ``(3) shall be disclosed if the Administrator determines 
        that disclosure is necessary to protect health or the 
        environment;
            ``(4) shall be disclosed if the information is to be 
        disclosed to a State or political subdivision of a State, on 
        written request, for the purpose of development, 
        administration, or enforcement of a law, if--
                    ``(A) 1 or more applicable agreements with the 
                Administrator that conform with the guidance issued 
                under subsection (d)(3)(B) ensure that the recipient 
                will take appropriate measures, and has adequate 
                authority, to maintain the confidentiality of the 
                information in accordance with procedures comparable to 
                the procedures used by the Administrator to safeguard 
                the information; and
                    ``(B) the Administrator notifies the person that 
                submitted the information that the information has been 
                disclosed to the State or political subdivision of a 
                State;
            ``(5) shall be disclosed if a health or environmental 
        professional employed by a Federal or State agency or a 
        treating physician or nurse in a nonemergency situation 
        provides a written statement of need and agrees to sign a 
        written confidentiality agreement with the Administrator, 
        subject to the conditions that--
                    ``(A) the statement of need and confidentiality 
                agreement shall conform with the guidance issued under 
                subsection (d)(3)(B);
                    ``(B) the written statement of need shall be a 
                statement that the person has a reasonable basis to 
                suspect that--
                            ``(i) the information is necessary for, or 
                        will assist in--
                                    ``(I) the diagnosis or treatment of 
                                1 or more individuals; or
                                    ``(II) responding to an 
                                environmental release or exposure; and
                            ``(ii) 1 or more individuals being 
                        diagnosed or treated have been exposed to the 
                        chemical substance concerned, or an 
                        environmental release or exposure has occurred; 
                        and
                    ``(C) the confidentiality agreement shall provide 
                that the person will not use the information for any 
                purpose other than the health or environmental needs 
                asserted in the statement of need, except as otherwise 
                may be authorized by the terms of the agreement or by 
                the person submitting the information to the 
                Administrator, except that nothing in this Act 
                prohibits the disclosure of any such information 
                through discovery, subpoena, other court order, or any 
                other judicial process otherwise allowed under 
                applicable Federal or State law;
            ``(6) shall be disclosed if in the event of an emergency, a 
        treating physician, nurse, agent of a poison control center, 
        public health or environmental official of a State or political 
        subdivision of a State, or first responder (including any 
        individual duly authorized by a Federal agency, State, or 
        political subdivision of a State who is trained in urgent 
        medical care or other emergency procedures, including a police 
        officer, firefighter, or emergency medical technician) requests 
        the information, subject to the conditions that--
                    ``(A) the treating physician, nurse, agent, public 
                health or environmental official of a State or a 
                political subdivision of a State, or first responder 
                shall have a reasonable basis to suspect that--
                            ``(i) a medical or public health or 
                        environmental emergency exists;
                            ``(ii) the information is necessary for, or 
                        will assist in, emergency or first-aid 
                        diagnosis or treatment; or
                            ``(iii) 1 or more individuals being 
                        diagnosed or treated have likely been exposed 
                        to the chemical substance concerned, or a 
                        serious environmental release of or exposure to 
                        the chemical substance concerned has occurred;
                    ``(B) if requested by the person submitting the 
                information to the Administrator, the treating 
                physician, nurse, agent, public health or environmental 
                official of a State or a political subdivision of a 
                State, or first responder shall, as described in 
                paragraph (5)--
                            ``(i) provide a written statement of need; 
                        and
                            ``(ii) agree to sign a confidentiality 
                        agreement; and
                    ``(C) the written confidentiality agreement or 
                statement of need shall be submitted as soon as 
                practicable, but not necessarily before the information 
                is disclosed;
            ``(7) may be disclosed if the Administrator determines that 
        disclosure is relevant in a proceeding under this Act, subject 
        to the condition that the disclosure shall be made in such a 
        manner as to preserve confidentiality to the maximum extent 
        practicable without impairing the proceeding;
            ``(8) shall be disclosed if the information is to be 
        disclosed, on written request of any duly authorized 
        congressional committee, to that committee; or
            ``(9) shall be disclosed if the information is required to 
        be disclosed or otherwise made public under any other provision 
        of Federal law.
    ``(f) Duration of Protection From Disclosure.--
            ``(1) In general.--
                    ``(A) Information protected from disclosure.--
                Subject to paragraph (2), the Administrator shall 
                protect from disclosure information that meets the 
                requirements of subsection (d) for a period of 10 
                years, unless, prior to the expiration of the period--
                            ``(i) an affected person notifies the 
                        Administrator that the person is withdrawing 
                        the confidentiality claim, in which case the 
                        Administrator shall promptly make the 
                        information available to the public; or
                            ``(ii) the Administrator otherwise becomes 
                        aware that the need for protection from 
                        disclosure can no longer be substantiated, in 
                        which case the Administrator shall take the 
                        actions described in subsection (g)(2).
                    ``(B) Extensions.--
                            ``(i) In general.--Not later than the date 
                        that is 60 days before the expiration of the 
                        period described in subparagraph (A), the 
                        Administrator shall provide to the person that 
                        asserted the claim a notice of the impending 
                        expiration of the period.
                            ``(ii) Statement.--
                                    ``(I) In general.--Not later than 
                                the date that is 30 days before the 
                                expiration of the period described in 
                                subparagraph (A), a person reasserting 
                                the relevant claim shall submit to the 
                                Administrator a statement 
                                substantiating, in accordance with 
                                subsection (d)(2), the need to extend 
                                the period.
                                    ``(II) Action by administrator.--
                                Not later than the date that is 30 days 
                                after the date of receipt of a 
                                statement under subclause (I), the 
                                Administrator shall--
                                            ``(aa) review the request;
                                            ``(bb) make a determination 
                                        regarding whether the 
                                        information for which the 
                                        request is made continues to 
                                        meet the relevant criteria 
                                        established under this section; 
                                        and
                                            ``(cc)(AA) grant an 
                                        extension of not more than 10 
                                        years; or
                                            ``(BB) deny the claim.
                    ``(C) No limit on number of extensions.--There 
                shall be no limit on the number of extensions granted 
                under subparagraph (B), if the Administrator determines 
                that the relevant statement under subparagraph 
                (B)(ii)(I)--
                            ``(i) establishes the need to extend the 
                        period; and
                            ``(ii) meets the requirements established 
                        by the Administrator.
            ``(2) Review and resubstantiation.--
                    ``(A) Discretion of administrator.--The 
                Administrator may review, at any time, a claim for 
                protection against disclosure under subsection (a) for 
                information submitted to the Administrator regarding a 
                chemical substance and require any person that has 
                claimed protection for that information, whether 
                before, on, or after the date of enactment of the Frank 
                R. Lautenberg Chemical Safety for the 21st Century Act, 
                to withdraw or reassert and substantiate or 
                resubstantiate the claim in accordance with this 
                section--
                            ``(i) after the chemical substance is 
                        identified as a high-priority substance under 
                        section 4A;
                            ``(ii) for any chemical substance for which 
                        the Administrator has made a determination 
                        under section 6(c)(1)(C);
                            ``(iii) for any inactive chemical substance 
                        identified under section 8(b)(5); or
                            ``(iv) in limited circumstances, if the 
                        Administrator determines that disclosure of 
                        certain information currently protected from 
                        disclosure would assist the Administrator in 
                        conducting safety assessments and safety 
                        determinations under subsections (b) and (c) of 
                        section 6 or promulgating rules pursuant to 
                        section 6(d), subject to the condition that the 
                        information shall not be disclosed unless the 
                        claimant withdraws the claim or the 
                        Administrator determines that the information 
                        does not meet the requirements of subsection 
                        (d).
                    ``(B) Review required.--The Administrator shall 
                review a claim for protection from disclosure under 
                subsection (a) for information submitted to the 
                Administrator regarding a chemical substance and 
                require any person that has claimed protection for that 
                information, whether before, on, or after the date of 
                enactment of the Frank R. Lautenberg Chemical Safety 
                for the 21st Century Act, to withdraw or reassert and 
                substantiate or resubstantiate the claim in accordance 
                with this section--
                            ``(i) as necessary to comply with a request 
                        for information received by the Administrator 
                        under section 552 of title 5, United States 
                        Code;
                            ``(ii) if information available to the 
                        Administrator provides a basis that the 
                        requirements of section 552(b)(4) of title 5, 
                        United States Code, are no longer met; or
                            ``(iii) for any substance for which the 
                        Administrator has made a determination under 
                        section 6(c)(1)(B).
                    ``(C) Action by recipient.--If the Administrator 
                makes a request under subparagraph (A) or (B), the 
                recipient of the request shall--
                            ``(i) reassert and substantiate or 
                        resubstantiate the claim; or
                            ``(ii) withdraw the claim.
                    ``(D) Period of protection.--Protection from 
                disclosure of information subject to a claim that is 
                reviewed and approved by the Administrator under this 
                paragraph shall be extended for a period of 10 years 
                from the date of approval, subject to any subsequent 
                request by the Administrator under this paragraph.
            ``(3) Unique identifier.--The Administrator shall--
                    ``(A)(i) develop a system to assign a unique 
                identifier to each specific chemical identity for which 
                the Administrator approves a request for protection 
                from disclosure, other than a specific chemical 
                identity or structurally descriptive generic term; and
                    ``(ii) apply that identifier consistently to all 
                information relevant to the applicable chemical 
                substance;
                    ``(B) annually publish and update a list of 
                chemical substances, referred to by unique identifier, 
                for which claims to protect the specific chemical 
                identity from disclosure have been approved, including 
                the expiration date for each such claim;
                    ``(C) ensure that any nonconfidential information 
                received by the Administrator with respect to such a 
                chemical substance during the period of protection from 
                disclosure--
                            ``(i) is made public; and
                            ``(ii) identifies the chemical substance 
                        using the unique identifier; and
                    ``(D) for each claim for protection of specific 
                chemical identity that has been denied by the 
                Administrator on expiration of the period for appeal 
                under subsection (g)(4), that has expired, or that has 
                been withdrawn by the submitter, provide public access 
                to the specific chemical identity clearly linked to all 
                nonconfidential information received by the 
                Administrator with respect to the chemical substance.
    ``(g) Duties of Administrator.--
            ``(1) Determination.--
                    ``(A) In general.--Except as provided in subsection 
                (b), the Administrator shall, subject to subparagraph 
                (C), not later than 90 days after the receipt of a 
                claim under subsection (d), and not later than 30 days 
                after the receipt of a request for extension of a claim 
                under subsection (f), review and approve, modify, or 
                deny the claim or request.
                    ``(B) Denial or modification.--
                            ``(i) In general.--Except as provided in 
                        subsections (c) and (f), the Administrator 
                        shall deny a claim to protect a chemical 
                        identity from disclosure only if the person 
                        that has submitted the claim fails to meet the 
                        requirements of subsections (a) and (d).
                            ``(ii) Reasons for denial or 
                        modification.--The Administrator shall provide 
                        to a person that has submitted a claim 
                        described in clause (i) a written statement of 
                        the reasons for the denial or modification of 
                        the claim.
                    ``(C) Subsets.--The Administrator shall--
                            ``(i) except for claims described in 
                        subsection (b)(7), review all claims under this 
                        section for the protection against disclosure 
                        of the specific identity of a chemical 
                        substance; and
                            ``(ii) review a representative subset, 
                        comprising at least 25 percent, of all other 
                        claims for protection against disclosure.
                    ``(D) Effect of failure to act.--The failure of the 
                Administrator to make a decision regarding a claim for 
                protection against disclosure or extension under this 
                section shall not be the basis for denial or 
                elimination of a claim for protection against 
                disclosure.
            ``(2) Notification.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B) and subsections (c), (e), and (f), if 
                the Administrator denies or modifies a claim under 
                paragraph (1), or promulgates a rule under section 6(d) 
                establishing a ban or phase-out of a chemical 
                substance, the Administrator shall notify, in writing 
                and by certified mail, the person that submitted the 
                claim of the intent of the Administrator to release the 
                information.
                    ``(B) Release of information.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), the Administrator shall not 
                        release information under this subsection until 
                        the date that is 30 days after the date on 
                        which the person that submitted the request 
                        receives notification under subparagraph (A).
                            ``(ii) Exceptions.--
                                    ``(I) In general.--For information 
                                under paragraph (3) or (8) of 
                                subsection (e), the Administrator shall 
                                not release that information until the 
                                date that is 15 days after the date on 
                                which the person that submitted the 
                                claim receives a notification, unless 
                                the Administrator determines that 
                                release of the information is necessary 
                                to protect against an imminent and 
                                substantial harm to health or the 
                                environment, in which case no prior 
                                notification shall be necessary.
                                    ``(II) No notification.--For 
                                information under paragraph (1), (2), 
                                (6), (7), or (9) of subsection (e), no 
                                prior notification shall be necessary.
            ``(3) Rebuttable presumption.--
                    ``(A) In general.--With respect to notifications 
                provided by the Administrator pursuant to subsection 
                (c)(5), there shall be a rebuttable presumption that 
                the public interest in disclosing confidential 
                information related to a chemical substance subject to 
                a rule promulgated under section 6(d) that establishes 
                a ban or phase-out of the manufacture, processing, or 
                distribution in commerce of the substance outweighs the 
                proprietary interest in maintaining the protection from 
                disclosure of that information.
                    ``(B) Request for nondisclosure.--A person that 
                receives a notification under paragraph (2) with 
                respect to the information described in subparagraph 
                (A) may submit to the Administrator, before the date on 
                which the information is to be released, a request with 
                supporting documentation describing why the person 
                believes some or all of that information should not be 
                disclosed.
                    ``(C) Determination by administrator.--
                            ``(i) In general.--Not later than 30 days 
                        after the Administrator receives a request 
                        under subparagraph (B), the Administrator shall 
                        determine, at the discretion of the 
                        Administrator, whether the documentation 
                        provided by the person making the request 
                        rebuts or does not rebut the presumption 
                        described in subparagraph (A), for all or a 
                        portion of the information that the person has 
                        requested not be disclosed.
                            ``(ii) Objective.--The Administrator shall 
                        make the determination with the objective of 
                        ensuring that information relevant to 
                        protection of health and the environment is 
                        disclosed to the maximum extent practicable.
                    ``(D) Timing.--Not later than 30 days after making 
                the determination described in subparagraph (C), the 
                Administrator shall make public the information the 
                Administrator has determined is not to be protected 
                from disclosure.
                    ``(E) No timely request received.--If the 
                Administrator does not receive, before the date on 
                which the information described in subparagraph (A) is 
                to be released, a request pursuant to subparagraph (B), 
                the Administrator shall promptly make public all of the 
                information.
            ``(4) Appeals.--
                    ``(A) In general.--If a person receives a 
                notification under paragraph (2) and believes 
                disclosure of the information is prohibited under 
                subsection (a), before the date on which the 
                information is to be released, the person may bring an 
                action to restrain disclosure of the information in--
                            ``(i) the United States district court of 
                        the district in which the complainant resides 
                        or has the principal place of business; or
                            ``(ii) the United States District Court for 
                        the District of Columbia.
                    ``(B) No disclosure.--The Administrator shall not 
                disclose any information that is the subject of an 
                appeal under this section before the date on which the 
                applicable court rules on an action under subparagraph 
                (A).
            ``(5) Administration.--In carrying out this subsection, the 
        Administrator shall use the procedures described in part 2 of 
        title 40, Code of Federal Regulations (or successor 
        regulations).
    ``(h) Criminal Penalty for Wrongful Disclosure.--
            ``(1) Officers and employees of united states.--
                    ``(A) In general.--Subject to paragraph (2), a 
                current or former officer or employee of the United 
                States described in subparagraph (B) shall be guilty of 
                a misdemeanor and fined under title 18, United States 
                Code, or imprisoned for not more than 1 year, or both.
                    ``(B) Description.--A current or former officer or 
                employee of the United States referred to in 
                subparagraph (A) is a current or former officer or 
                employee of the United States who--
                            ``(i) by virtue of that employment or 
                        official position has obtained possession of, 
                        or has access to, material the disclosure of 
                        which is prohibited by subsection (a); and
                            ``(ii) knowing that disclosure of that 
                        material is prohibited by subsection (a), 
                        willfully discloses the material in any manner 
                        to any person not entitled to receive that 
                        material.
            ``(2) Other laws.--Section 1905 of title 18, United States 
        Code, shall not apply with respect to the publishing, 
        divulging, disclosure, making known of, or making available, 
        information reported or otherwise obtained under this Act.
            ``(3) Contractors.--For purposes of this subsection, any 
        contractor of the United States that is provided information in 
        accordance with subsection (e)(2), including any employee of 
        that contractor, shall be considered to be an employee of the 
        United States.
    ``(i) Applicability.--
            ``(1) In general.--Except as otherwise provided in this 
        section, section 8, or any other applicable Federal law, the 
        Administrator shall have no authority--
                    ``(A) to require the substantiation or 
                resubstantiation of a claim for the protection from 
                disclosure of information submitted to the 
                Administrator under this Act before the date of 
                enactment of the Frank R. Lautenberg Chemical Safety 
                for the 21st Century Act; or
                    ``(B) to impose substantiation or resubstantiation 
                requirements under this Act that are more extensive 
                than those required under this section.
            ``(2) Prior actions.--Nothing in this Act prevents the 
        Administrator from reviewing, requiring substantiation or 
        resubstantiation for, or approving, modifying or denying any 
        claim for the protection from disclosure of information before 
        the effective date of such rules applicable to those claims as 
        the Administrator may promulgate after the date of enactment of 
        the Frank R. Lautenberg Chemical Safety for the 21st Century 
        Act.''.

SEC. 15. PROHIBITED ACTS.

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

SEC. 16. PENALTIES.

    Section 16 of the Toxic Substances Control Act (15 U.S.C. 2615) is 
amended--
            (1) in subsection (a)(1)--
                    (A) in the first sentence--
                            (i) by inserting ``this Act or a rule or 
                        order promulgated or issued pursuant to this 
                        Act, including'' after ``a provision of''; and
                            (ii) by striking ``$25,000'' and inserting 
                        ``$37,500''; and
                    (B) in the second sentence, by striking`` violation 
                of section 15 or 409'' and inserting ``violation of 
                this Act''; and
            (2) in subsection (b)--
                    (A) by striking ``Any person who'' and inserting 
                the following:
            ``(1) In general.--Any person that'';
                    (B) by striking ``section 15 or 409'' and inserting 
                ``this Act'';
                    (C) by striking ``$25,000'' and inserting 
                ``$50,000''; and
                    (D) by adding at the end the following:
            ``(2) Imminent danger of death or serious bodily injury.--
                    ``(A) In general.--Any person that knowingly or 
                willfully violates any provision of this Act, and that 
                knows at the time of the violation that the violation 
                places an individual in imminent danger of death or 
                serious bodily injury, shall be subject on conviction 
                to a fine of not more than $250,000, or imprisonment 
                for not more than 15 years, or both.
                    ``(B) Organizations.--An organization that commits 
                a violation described in subparagraph (A) shall be 
                subject on conviction to a fine of not more than 
                $1,000,000 for each violation.
            ``(3) Knowledge of imminent danger or injury.--For purposes 
        of determining whether a defendant knew that the violation 
        placed another individual in imminent danger of death or 
        serious bodily injury--
                    ``(A) the defendant shall be responsible only for 
                actual awareness or actual belief possessed; and
                    ``(B) knowledge possessed by an individual may not 
                be attributed to the defendant.''.

SEC. 17. STATE-FEDERAL RELATIONSHIP.

    Section 18 of the Toxic Substances Control Act (15 U.S.C. 2617) is 
amended by striking subsections (a) and (b) and inserting the 
following:
    ``(a) In General.--
            ``(1) Establishment or enforcement.--Except as provided in 
        subsections (c), (d), (e), (f), and (g), and subject to 
        paragraph (2), no State or political subdivision of a State may 
        establish or continue to enforce any of the following:
                    ``(A) Testing and information collection.--A 
                statute or administrative action to require the 
                development of information on a chemical substance or 
                category of substances that is reasonably likely to 
                produce the same information required under section 4, 
                5, or 6 in--
                            ``(i) a rule promulgated by the 
                        Administrator;
                            ``(ii) a testing consent agreement entered 
                        into by the Administrator; or
                            ``(iii) an order issued by the 
                        Administrator.
                    ``(B) Chemical substances found to meet the safety 
                standard or restricted.--A statute or administrative 
                action to prohibit or otherwise restrict the 
                manufacture, processing, or distribution in commerce or 
                use of a chemical substance--
                            ``(i) found to meet the safety standard and 
                        consistent with the scope of the determination 
                        made under section 6; or
                            ``(ii) found not to meet the safety 
                        standard, after the effective date of the rule 
                        issued under section 6(d) for the substance, 
                        consistent with the scope of the determination 
                        made by the Administrator.
                    ``(C) Significant new use.--A statute or 
                administrative action requiring the notification of a 
                use of a chemical substance that the Administrator has 
                specified as a significant new use and for which the 
                Administrator has required notification pursuant to a 
                rule promulgated under section 5.
            ``(2) Effective date of preemption.--Under this subsection, 
        Federal preemption of State statutes and administrative actions 
        applicable to specific substances shall not occur until the 
        effective date of the applicable action described in paragraph 
        (1) taken by the Administrator.
    ``(b) New Statutes or Administrative Actions Creating Prohibitions 
or Other Restrictions.--
            ``(1) In general.--Except as provided in subsections (c), 
        (d), and (e), beginning on the date on which the Administrator 
        defines the scope of a safety assessment and safety 
        determination under section 6(a)(2) and ending on the date on 
        which the Administrator publishes the safety determination, no 
        State or political subdivision of a State may establish a 
        statute or administrative action prohibiting or restricting the 
        manufacture, processing, distribution in commerce or use of a 
        chemical substance that is a high-priority substance designated 
        under section 4A.
            ``(2) Effect of subsection.--
                    ``(A) In general.--This subsection does not 
                restrict the authority of a State or political 
                subdivision of a State to continue to enforce any State 
                statute enacted, or administrative action taken, prior 
                to the date on which the Administrator defines the 
                scope of a safety assessment and safety determination 
                under section 6(a)(2).
                    ``(B) Limitation.--Subparagraph (A) does not allow 
                a State or political subdivision of a State to enforce 
                any new prohibition or restriction under a State 
                statute or administrative action described in that 
                subparagraph, if the prohibition or restriction is 
                established after the date described in that 
                subparagraph.
    ``(c) Scope of Preemption.--Federal preemption under subsections 
(a) and (b) of State statutes and administrative actions applicable to 
specific substances shall apply only to--
            ``(1) the chemical substances or category of substances 
        subject to a rule, order, or consent agreement under section 4;
            ``(2) the uses or conditions of use of such substances that 
        are identified by the Administrator as subject to review in a 
        safety assessment and included in the scope of the safety 
        determination made by the Administrator for the substance, or 
        of any rule the Administrator promulgates pursuant to section 
        6(d); or
            ``(3) the uses of such substances that the Administrator 
        has specified as significant new uses and for which the 
        Administrator has required notification pursuant to a rule 
        promulgated under section 5.
    ``(d) Exceptions.--
            ``(1) No preemption of state statutes and administrative 
        actions.--
                    ``(A) In general.--Nothing in this Act, nor any 
                amendment made by this Act, nor any rule, standard of 
                performance, safety determination, or scientific 
                assessment implemented pursuant to this Act, shall 
                affect the right of a State or a political subdivision 
                of a State to adopt or enforce any rule, standard of 
                performance, safety determination, scientific 
                assessment, or any protection for public health or the 
                environment that--
                            ``(i) is adopted or authorized under the 
                        authority of any other Federal law or adopted 
                        to satisfy or obtain authorization or approval 
                        under any other Federal law;
                            ``(ii) implements a reporting, monitoring, 
                        disclosure, or other information obligation for 
                        the chemical substance not otherwise required 
                        by the Administrator under this Act or required 
                        under any other Federal law;
                            ``(iii) is adopted pursuant to authority 
                        under a law of the State or political 
                        subdivision of the State related to water 
                        quality, air quality, or waste treatment or 
                        disposal, except to the extent that the 
                        action--
                                    ``(I) imposes a restriction on the 
                                manufacture, processing, distribution 
                                in commerce, or use of a chemical 
                                substance; and
                                    ``(II)(aa) addresses the same 
                                hazards and exposures, with respect to 
                                the same conditions of use as are 
                                included in the scope of the safety 
                                determination pursuant to section 6, 
                                but is inconsistent with the action of 
                                the Administrator; or
                                    ``(bb) would cause a violation of 
                                the applicable action by the 
                                Administrator under section 5 or 6; or
                            ``(iv) subject to subparagraph (B), is 
                        identical to a requirement prescribed by the 
                        Administrator.
                    ``(B) Identical requirements.--
                            ``(i) In general.--The penalties and other 
                        sanctions applicable under State law in the 
                        event of noncompliance with the identical 
                        requirement shall be no more stringent than the 
                        penalties and other sanctions available to the 
                        Administrator under section 16 of this Act.
                            ``(ii) Penalties.--In the case of an 
                        identical requirement, no State may assess a 
                        penalty for a specific violation for which the 
                        Administrator has already assessed a penalty 
                        under section 16, and the Administrator may not 
                        assess a penalty under section 16 for a 
                        specific violation for which a State has 
                        already assessed a penalty.
            ``(2) Applicability to certain rules or orders.--
        Notwithstanding subsection (e)--
                    ``(A) nothing in this section shall be construed as 
                modifying the effect under this section, as in effect 
                on the day before the effective date of the Frank R. 
                Lautenberg Chemical Safety for the 21st Century Act, of 
                any rule or order promulgated or issued under this Act 
                prior to that effective date; and
                    ``(B) with respect to a chemical substance or 
                mixture for which any rule or order was promulgated or 
                issued under section 6 prior to the effective date of 
                the Frank R. Lautenberg Chemical Safety for the 21st 
                Century Act with regards to manufacturing, processing, 
                distribution in commerce, use, or disposal of a 
                chemical substance, this section (as in effect on the 
                day before the effective date of the Frank R. 
                Lautenberg Chemical Safety for the 21st Century Act) 
                shall govern the preemptive effect of any rule or order 
                that is promulgated or issued respecting such chemical 
                substance or mixture under section 6 of this Act after 
                that effective date, unless the latter rule or order is 
                with respect to a chemical substance or mixture 
                containing a chemical substance and follows a 
                designation of that chemical substance as a high-
                priority substance under section 4A(b) or as an 
                additional priority for safety assessment and safety 
                determination under section 4A(c).
    ``(e) Preservation of Certain State Law.--
            ``(1) In general.--Nothing in this Act, subject to 
        subsection (g) of this section, shall--
                    ``(A) be construed to preempt or otherwise affect 
                the authority of a State or political subdivision of a 
                State to continue to enforce any action taken before 
                August 1, 2015, under the authority of a State law that 
                prohibits or otherwise restricts manufacturing, 
                processing, distribution in commerce, use, or disposal 
                of a chemical substance; or
                    ``(B) be construed to preempt or otherwise affect 
                any action taken pursuant to a State law that was in 
                effect on August 31, 2003.
            ``(2) Effect of subsection.--This subsection does not 
        affect, modify, or alter the relationship between State and 
        Federal law pursuant to any other Federal law.
    ``(f) State Waivers.--
            ``(1) Discretionary exemptions.--Upon application of a 
        State or political subdivision of a State, the Administrator 
        may by rule, exempt from subsection (a), under such conditions 
        as may be prescribed in the rule, a statute or administrative 
        action of that State or political subdivision of the State that 
        relates to the effects of, or exposure to, a chemical substance 
        under the conditions of use if the Administrator determines 
        that--
                    ``(A) compelling State or local conditions warrant 
                granting the waiver to protect health or the 
                environment;
                    ``(B) compliance with the proposed requirement of 
                the State or political subdivision of the State would 
                not unduly burden interstate commerce in the 
                manufacture, processing, distribution in commerce, or 
                use of a chemical substance;
                    ``(C) compliance with the proposed requirement of 
                the State or political subdivision of the State would 
                not cause a violation of any applicable Federal law, 
                rule, or order; and
                    ``(D) based on the judgment of the Administrator, 
                the proposed requirement of the State or political 
                subdivision of the State is consistent with sound 
                objective scientific practices, the weight of the 
                evidence, and the best available science.
            ``(2) Required exemptions.--Upon application of a State or 
        political subdivision of a State, the Administrator shall 
        exempt from subsection (b) a statute or administrative action 
        of a State or political subdivision of a State that relates to 
        the effects of exposure to a chemical substance under the 
        conditions of use if the Administrator determines that--
                    ``(A) compliance with the proposed requirement of 
                the State will not unduly burden interstate commerce in 
                the manufacture, processing, distribution in commerce, 
                or use of a chemical substance;
                    ``(B) compliance with the proposed requirement 
                would not cause a violation of any applicable Federal 
                law, rule, or order; and
                    ``(C) the State or political subdivision of a State 
                has a concern about the chemical substance or use of 
                the chemical substance based in peer-reviewed science.
            ``(3) Determination of a state waiver request.--The duty of 
        the Administrator to grant or deny a waiver application shall 
        be nondelegable and shall be exercised--
                    ``(A) not later than 180 days after the date on 
                which an application under paragraph (1) is submitted; 
                and
                    ``(B) not later than 90 days after the date on 
                which an application under paragraph (2) is submitted.
            ``(4) Failure to make determination.--If the Administrator 
        fails to make a determination under paragraph (3)(B) during the 
        90-day period beginning on the date on which an application 
        under paragraph (2) is submitted, the State statute or 
        administrative action that was the subject of the application 
        shall not be considered to be an existing statute or 
        administrative action for purposes of subsection (b) by reason 
        of the failure of the Administrator to make a determination.
            ``(5) Notice and comment.--Except in the case of an 
        application approved under paragraph (9), the application of a 
        State or political subdivision of the State shall be subject to 
        public notice and comment.
            ``(6) Final agency action.--The decision of the 
        Administrator on the application of a State or political 
        subdivision of the State shall be--
                    ``(A) considered to be a final agency action; and
                    ``(B) subject to judicial review.
            ``(7) Duration of waivers.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a waiver granted under paragraph (2) 
                or approved under paragraph (9) shall remain in 
                effect--
                            ``(i) until such time as the safety 
                        assessment and safety determination is 
                        completed; or
                            ``(ii) subject to subparagraph (B), until 
                        judicial review of the failure of the 
                        Administrator to make a determination under 
                        paragraph (3) is sought under paragraph (8).
                    ``(B) Reinstatement of waiver.--A waiver described 
                in subparagraph (A)(ii) shall again take effect upon 
                the earlier of--
                            ``(i) the date of approval by the 
                        Administrator of the waiver application;
                            ``(ii) the effective date of a court order 
                        directing the Administrator to approve the 
                        waiver application; or
                            ``(iii) 90 days after the date on which 
                        judicial review under paragraph (8) is sought.
            ``(8) Judicial review of waivers.--Not later than 60 days 
        after the date on which the Administrator makes a determination 
        on an application of a State or political subdivision of the 
        State under paragraph (1) or (2), or not later than 60 days 
        after the date on which the Administrator fails to make a 
        determination under paragraph (3), any person may file a 
        petition for judicial review in the United States Court of 
        Appeals for the District of Columbia Circuit, which shall have 
        exclusive jurisdiction over the determination.
            ``(9) Approval.--
                    ``(A) In general.--If the Administrator fails to 
                meet the deadline under section 6(a)(4) (including an 
                extension granted under section 6(a)(6)), or the 
                deadline established under paragraph (3)(B), the 
                application of a State or political subdivision of a 
                State under paragraph (2) shall be automatically 
                approved.
                    ``(B) Requirements.--Notwithstanding paragraph (6), 
                approval of a waiver application under subparagraph (A) 
                for failure to meet the deadlines under section 6(a)(4) 
                (including an extension granted under section 6(a)(6)) 
                shall not be considered final agency action or be 
                subject to judicial review or public notice and 
                comment.
            ``(10) Judicial review of low-priority decisions.--
                    ``(A) In general.--Not later than 60 days after the 
                publication of a designation under section 4A(b)(4), 
                any person may commence a civil action to challenge the 
                designation.
                    ``(B) Jurisdiction.--The United States Court of 
                Appeals for the District of Columbia Circuit shall have 
                exclusive jurisdiction over a civil action filed under 
                this paragraph.
    ``(g) Savings.--
            ``(1) No preemption of common law or statutory causes of 
        action for civil relief or criminal conduct.--
                    ``(A) In general.--Nothing in this Act, nor any 
                amendment made by this Act, nor any safety standard, 
                rule, requirement, standard of performance, safety 
                determination, or scientific assessment implemented 
                pursuant to this Act, shall be construed to preempt, 
                displace, or supplant any state or Federal common law 
                rights or any state or Federal statute creating a 
                remedy for civil relief, including those for civil 
                damage, or a penalty for a criminal conduct.
                    ``(B) Clarification of no preemption.--
                Notwithstanding any other provision of this Act, 
                nothing in this Act, nor any amendments made by this 
                Act, shall preempt or preclude any cause of action for 
                personal injury, wrongful death, property damage, or 
                other injury based on negligence, strict liability, 
                products liability, failure to warn, or any other legal 
                theory of liability under any State law, maritime law, 
                or Federal common law or statutory theory.
            ``(2) No effect on private remedies.--
                    ``(A) In general.--Nothing in this Act, nor any 
                amendments made by this Act, nor any rules, 
                regulations, requirements, safety assessments, safety 
                determinations, scientific assessments, or orders 
                issued pursuant to this Act shall be interpreted as, in 
                either the plaintiff's or defendant's favor, 
                dispositive in any civil action.
                    ``(B) Authority of courts.--This Act does not 
                affect the authority of any court to make a 
                determination in an adjudicatory proceeding under 
                applicable State or Federal law with respect to the 
                admission into evidence or any other use of this Act or 
                rules, regulations, requirements, standards of 
                performance, safety assessments, scientific 
                assessments, or orders issued pursuant to this Act.''.

SEC. 18. JUDICIAL REVIEW.

    Section 19 of the Toxic Substances Control Act (15 U.S.C. 2618) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (A), 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 
                        ``section 4(a), 5(d), 6(c), 6(d), 6(g), or 8, 
                        or title II or IV''; and
                            (ii) in subparagraph (B), by striking ``an 
                        order issued under subparagraph (A) or (B) of 
                        section 6(b)(1)'' and inserting ``an order 
                        issued under this title''; and
                    (B) in paragraph (2), in the first sentence, by 
                striking ``paragraph (1)(A)'' and inserting ``paragraph 
                (1)''; and
                    (C) by striking paragraph (3); and
            (2) in subsection (c)(1)(B)--
                    (A) in clause (i)--
                            (i) by striking ``section 4(a), 5(b)(4), 
                        6(a), or 6(e)'' and inserting ``section 4(a), 
                        5(d), 6(d), or 6(g)''; and
                            (ii) by striking ``evidence in the 
                        rulemaking record (as defined in subsection 
                        (a)(3)) taken as a whole;'' and inserting 
                        ``evidence (including any matter) in the 
                        rulemaking record, taken as a whole; and''; and
                    (B) by striking clauses (ii) and (iii) and the 
                matter following clause (iii) and inserting the 
                following:
                            ``(ii) the court may not review the 
                        contents and adequacy of any statement of basis 
                        and purpose required by section 553(c) of title 
                        5, United States Code, to be incorporated in 
                        the rule, except as part of the rulemaking 
                        record, taken as a whole.''.

SEC. 19. CITIZENS' PETITIONS.

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

SEC. 20. EMPLOYMENT EFFECTS.

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

SEC. 21. STUDIES.

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

SEC. 22. ADMINISTRATION.

    Section 26 of the Toxic Substances Control Act (15 U.S.C. 2625) is 
amended--
            (1) by striking subsection (b) and inserting the following:
    ``(b) Fees.--
            ``(1) In general.--The Administrator shall establish, not 
        later than 1 year after the date of enactment of the Frank R. 
        Lautenberg Chemical Safety for the 21st Century Act, by rule--
                    ``(A) the payment of 1 or more reasonable fees as a 
                condition of submitting a notice or requesting an 
                exemption under section 5;
                    ``(B) the payment of 1 or more reasonable fees by a 
                manufacturer or processor that--
                            ``(i) is required to submit a notice 
                        pursuant to the rule promulgated under section 
                        8(b)(4)(A)(i) identifying a chemical substance 
                        as active;
                            ``(ii) is required to submit a notice 
                        pursuant to section 8(b)(5)(B)(i) changing the 
                        status of a chemical substance from inactive to 
                        active;
                            ``(iii) is required to report information 
                        pursuant to the rules promulgated under section 
                        8(a)(4); and
                            ``(iv) manufactures or processes a chemical 
                        substance subject to a safety assessment and 
                        safety determination pursuant to section 6.
            ``(2) Utilization and collection of fees.--The 
        Administrator shall--
                    ``(A) utilize the fees collected under paragraph 
                (1) only to defray costs associated with the actions of 
                the Administrator--
                            ``(i) to collect, process, review, provide 
                        access to, and protect from disclosure (where 
                        appropriate) information on chemical substances 
                        under this Act;
                            ``(ii) to review notices and make 
                        determinations for chemical substances under 
                        paragraphs (1) and (3) of section 5(d) and 
                        impose any necessary restrictions under section 
                        5(d)(4);
                            ``(iii) to make prioritization decisions 
                        under section 4A;
                            ``(iv) to conduct and complete safety 
                        assessments and determinations under section 6; 
                        and
                            ``(v) to conduct any necessary rulemaking 
                        pursuant to section 6(d);
                    ``(B) insofar as possible, collect the fees 
                described in paragraph (1) in advance of conducting any 
                fee-supported activity;
                    ``(C) deposit the fees in the Fund established by 
                paragraph (4)(A); and
                    ``(D) not collect excess fees or retain a 
                significant amount of unused fees.
            ``(3) Amount and adjustment of fees; refunds.--In setting 
        fees under this section, the Administrator shall--
                    ``(A) take into account the cost to the 
                Administrator of conducting the activities described in 
                paragraph (2);
                    ``(B) prescribe lower fees for small business 
                concerns, after consultation with the Administrator of 
                the Small Business Administration;
                    ``(C) set the fees established under paragraph (1) 
                at levels such that the fees will, in aggregate, 
                provide a sustainable source of funds to defray 
                approximately 25 percent of the costs of conducting the 
                activities identified in paragraph (2)(A), not to 
                exceed $18,000,000, not including fees under 
                subparagraph (E) of this paragraph;
                    ``(D) reflect an appropriate balance in the 
                assessment of fees between manufacturers and 
                processors, and allow the payment of fees by consortia 
                of manufacturers or processors;
                    ``(E) for substances designated as additional 
                priorities pursuant to section 4A(c), establish the fee 
                at a level sufficient to defray the full costs to the 
                Administrator of conducting the safety assessment and 
                safety determination under section 6, except that for 
                substances subject to section 4A(c)(3), the 
                Administrator shall establish the fee at a level 
                sufficient to defray 50 percent of those costs;
                    ``(F) prior to the establishment or amendment of 
                any fees under paragraph (1), consult and meet with 
                parties potentially subject to the fees or their 
                representatives, subject to the condition that no 
                obligation under the Federal Advisory Committee Act (5 
                U.S.C. App.) or subchapter III of chapter 5 of title 5, 
                United States Code, is applicable with respect to such 
                meetings;
                    ``(G) beginning with the fiscal year that is 3 
                years after the date of enactment of the Frank R. 
                Lautenberg Chemical Safety for the 21st Century Act, 
                and every 3 years thereafter, after consultation with 
                parties potentially subject to the fees and their 
                representatives, increase or decrease the fees 
                established under paragraph (1) as necessary--
                            ``(i) to ensure that funds deposited in the 
                        Fund are sufficient to conduct the activities 
                        identified in paragraph (2)(A) and the full 
                        cost or 50-percent portion of the costs of 
                        safety assessments and safety determinations 
                        pursuant to subparagraph (E); and
                            ``(ii) to account for inflation;
                    ``(H) adjust fees established under paragraph (1) 
                as necessary to vary on account of differing 
                circumstances, including reduced fees or waivers in 
                appropriate circumstances, to reduce the burden on 
                manufacturing or processing, remove barriers to 
                innovation, or where the costs to the Administrator of 
                collecting the fees exceed the fee revenue anticipated 
                to be collected; and
                    ``(I) if a notice submitted under section 5 is 
                refused or subsequently withdrawn, refund the fee or a 
                portion of the fee if no substantial work was performed 
                on the notice.
            ``(4) TSCA implementation fund.--
                    ``(A) Establishment.--There is established in the 
                Treasury of the United States a fund, to be known as 
                the `TSCA Implementation Fund' (referred to in this 
                subsection as the `Fund'), consisting of--
                            ``(i) such amounts as are deposited in the 
                        Fund under paragraph (2)(C); and
                            ``(ii) any interest earned on the 
                        investment of amounts in the Fund; and
                            ``(iii) any proceeds from the sale or 
                        redemption of investments held in the Fund.
                    ``(B) Crediting and availability of fees.--
                            ``(i) In general.--Fees authorized under 
                        this section shall be collected and available 
                        for obligation only to the extent and in the 
                        amount provided in advance in appropriations 
                        Acts, and shall be available without fiscal 
                        year limitation.
                            ``(ii) Requirements.--Fees collected under 
                        this section shall not--
                                    ``(I) be made available or 
                                obligated for any purpose other than to 
                                defray the costs of conducting the 
                                activities identified in paragraph 
                                (2)(A);
                                    ``(II) otherwise be available for 
                                any purpose other than implementation 
                                of this Act; and
                                    ``(III) so long as amounts in the 
                                Fund remain available, be subject to 
                                restrictions on expenditures applicable 
                                to the Federal government as a whole.
                    ``(C) Unused funds.--Amounts in the Fund not 
                currently needed to carry out this subsection shall 
                be--
                            ``(i) maintained readily available or on 
                        deposit;
                            ``(ii) invested in obligations of the 
                        United States or guaranteed by the United 
                        States; or
                            ``(iii) invested in obligations, 
                        participations, or other instruments that are 
                        lawful investments for fiduciary, trust, or 
                        public funds.
                    ``(D) Minimum amount of appropriations.--Fees may 
                not be assessed for a fiscal year under this section 
                unless the amount of appropriations for salaries, 
                contracts, and expenses for the functions (as in 
                existence in fiscal year 2015) of the Office of 
                Pollution Prevention and Toxics of the Environmental 
                Protection Agency for the fiscal year (excluding the 
                amount of any fees appropriated for the fiscal year) 
                are equal to or greater than the amount of 
                appropriations for covered functions for fiscal year 
                2015 (excluding the amount of any fees appropriated for 
                the fiscal year).
            ``(5) Auditing.--
                    ``(A) Financial statements of agencies.--For the 
                purpose of section 3515(c) of title 31, United States 
                Code, the Fund shall be considered a component of an 
                executive agency.
                    ``(B) Components.--The annual audit required under 
                sections 3515(b) and 3521 of that title of the 
                financial statements of activities under this 
                subsection shall include an analysis of--
                            ``(i) the fees collected under paragraph 
                        (1) and disbursed;
                            ``(ii) compliance with the deadlines 
                        established in section 6 of this Act;
                            ``(iii) the amounts budgeted, appropriated, 
                        collected from fees, and disbursed to meet the 
                        requirements of sections 4, 4A, 5, 6, 8, and 
                        14, including the allocation of full time 
                        equivalent employees to each such section or 
                        activity; and
                            ``(iv) the reasonableness of the allocation 
                        of the overhead associated with the conduct of 
                        the activities described in paragraph (2)(A).
                    ``(C) Inspector general.--The Inspector General of 
                the Environmental Protection Agency shall--
                            ``(i) conduct the annual audit required 
                        under this subsection; and
                            ``(ii) report the findings and 
                        recommendations of the audit to the 
                        Administrator and to the appropriate committees 
                        of Congress.
            ``(6) Termination.--The authority provided by this section 
        shall terminate at the conclusion of the fiscal year that is 10 
        years after the date of enactment of the Frank R. Lautenberg 
        Chemical Safety for the 21st Century Act, unless otherwise 
        reauthorized or modified by Congress.'';
            (2) in subsection (e), by striking ``Health, Education, and 
        Welfare'' each place it appears and inserting ``Health and 
        Human Services''; and
            (3) adding at the end the following:
    ``(h) Prior Actions.--Nothing in this Act eliminates, modifies, or 
withdraws any rule promulgated, order issued, or exemption established 
pursuant to this Act before the date of enactment of the Frank R. 
Lautenberg Chemical Safety for the 21st Century Act.''.

SEC. 23. DEVELOPMENT AND EVALUATION OF TEST METHODS AND SUSTAINABLE 
              CHEMISTRY.

    Section 27 of the Toxic Substances Control Act (15 U.S.C. 2626) is 
amended--
            (1) in subsection (a), in the first sentence by striking 
        ``Health, Education, and Welfare'' and inserting ``Health and 
        Human Services''; and
            (2) by adding at the end the following:
    ``(c) Sustainable Chemistry Program.--The President shall establish 
an interagency Sustainable Chemistry Program to promote and coordinate 
Federal sustainable chemistry research, development, demonstration, 
technology transfer, commercialization, education, and training 
activities.
    ``(d) Program Activities.--The activities of the Program shall be 
designed to--
            ``(1) provide sustained support for sustainable chemistry 
        research, development, demonstration, technology transfer, 
        commercialization, education, and training through--
                    ``(A) coordination of sustainable chemistry 
                research, development, demonstration, and technology 
                transfer conducted at Federal laboratories and 
                agencies; and
                    ``(B) to the extent practicable, encouragement of 
                consideration of sustainable chemistry in, as 
                appropriate--
                            ``(i) the conduct of Federal and State 
                        science and engineering research and 
                        development; and
                            ``(ii) the solicitation and evaluation of 
                        applicable proposals for science and 
                        engineering research and development;
            ``(2) examine methods by which the Federal Government can 
        create incentives for consideration and use of sustainable 
        chemistry processes and products, including innovative 
        financing mechanisms;
            ``(3) expand the education and training of undergraduate 
        and graduate students and professional scientists and 
        engineers, including through partnerships with industry, in 
        sustainable chemistry science and engineering;
            ``(4) collect and disseminate information on sustainable 
        chemistry research, development, and technology transfer 
        including information on--
                    ``(A) incentives and impediments to development, 
                manufacturing, and commercialization;
                    ``(B) accomplishments;
                    ``(C) best practices; and
                    ``(D) costs and benefits;
            ``(5) support (including through technical assistance, 
        participation, financial support, or other forms of support) 
        economic, legal, and other appropriate social science research 
        to identify barriers to commercialization and methods to 
        advance commercialization of sustainable chemistry.
    ``(e) Interagency Working Group.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of the Frank R. Lautenberg Chemical Safety 
        for the 21st Century Act, the President, in consultation with 
        the Office of Science and Technology Policy, shall establish an 
        Interagency Working Group that shall include representatives 
        from the National Science Foundation, the National Institute of 
        Standards and Technology, the Department of Energy, the 
        Environmental Protection Agency, the Department of Agriculture, 
        the Department of Defense, the National Institutes of Health, 
        and any other agency that the President may designate to 
        oversee the planning, management, and coordination of the 
        Program.
            ``(2) Governance.--The Director of the National Science 
        Foundation and the Assistant Administrator for Research and 
        Development of the Environmental Protection Agency, or their 
        designees, shall serve as co-chairs of the Interagency Working 
        Group.
            ``(3) Responsibilities.--In overseeing the planning, 
        management, and coordination of the Program, the Interagency 
        Working Group shall--
                    ``(A) establish goals and priorities for the 
                Program, in consultation with the Advisory Council;
                    ``(B) provide for interagency coordination, 
                including budget coordination, of activities under the 
                Program;
                    ``(C) meet not later than 90 days from its 
                establishment and periodically thereafter; and
                    ``(D) establish and consult with an Advisory 
                Council on a regular basis.
            ``(4) Membership.--The Advisory Council members shall not 
        be employees of the Federal Government and shall include a 
        diverse representation of knowledgeable individuals from the 
        private sector (including small- and medium-sized enterprises 
        from across the value chain), academia, State and tribal 
        governments, and nongovernmental organizations and others who 
        are in a position to provide expertise.
    ``(f) Agency Budget Requests.--
            ``(1) In general.--Each Federal agency and department 
        participating in the Program shall, as part of its annual 
        request for appropriations to the Office of Management and 
        Budget, submit a report to the Office of Management and Budget 
        that--
                    ``(A) identifies the activities of the agency or 
                department that contribute directly to the Program; and
                    ``(B) states the portion of the agency or 
                department's request for appropriations that is 
                allocated to those activities.
            ``(2) Annual budget request to congress.--The President 
        shall include in the annual budget request to Congress a 
        statement of the portion of the annual budget request for each 
        agency or department that will be allocated to activities 
        undertaken pursuant to the Program.
    ``(g) Report to Congress.--
            ``(1) In general.--Not later than 2 years after the date of 
        enactment of the Frank R. Lautenberg Chemical Safety for the 
        21st Century Act, the Interagency Working Group shall submit a 
        report to the Committee on Science, Space, and Technology and 
        Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Environment and Public 
        Works and the Committee on Commerce, Science, and 
        Transportation of the Senate that shall include--
                    ``(A) a summary of federally funded sustainable 
                chemistry research, development, demonstration, 
                technology transfer, commercialization, education, and 
                training activities;
                    ``(B) a summary of the financial resources 
                allocated to sustainable chemistry initiatives;
                    ``(C) an analysis of the progress made toward 
                achieving the goals and priorities of the program 
                established pursuant to subsection (c), and 
                recommendations for future program activities;
                    ``(D) an assessment of the benefits of expanding 
                existing, federally-supported regional innovation and 
                manufacturing hubs to include sustainable chemistry and 
                the value of directing the creation of 1 or more 
                dedicated sustainable chemistry centers of excellence 
                or hubs; and
                    ``(E) an evaluation of steps taken and future 
                strategies to avoid duplication of efforts, streamline 
                interagency coordination, facilitate information 
                sharing, and spread best practices between 
                participating agencies in the Program.
            ``(2) Submission to gao.--The Interagency Working Group 
        shall also submit the report described in paragraph (1) to the 
        Government Accountability Office for consideration in future 
        Congressional inquiries.''.

SEC. 24. STATE PROGRAMS.

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

SEC. 25. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 26. ANNUAL REPORT.

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

SEC. 27. EFFECTIVE DATE.

    Section 31 of the Toxic Substances Control Act (15 U.S.C. 2601 
note; Public Law 94-469) is amended--
            (1) by striking ``Except as provided in section 4(f), 
        this'' and inserting the following:
    ``(a) In General.--This''; and
            (2) by adding at the end the following:
    ``(b) Retroactive Applicability.--Nothing in this Act shall be 
interpreted to apply retroactively to any State, Federal, or maritime 
legal action commenced prior to the effective date of the Frank R. 
Lautenberg Chemical Safety for the 21st Century Act.''.
                                                       Calendar No. 121

114th CONGRESS

  1st Session

                                 S. 697

_______________________________________________________________________

                                 A BILL

To amend the Toxic Substances Control Act to reauthorize and modernize 
                   that Act, and for other purposes.

_______________________________________________________________________

                             June 17, 2015

                       Reported with an amendment
```