```

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

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, and Mr. Portman) introduced the following bill; which was read 
  twice and referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL

 
To amend the Toxic Substances Control Act to 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,

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 following:
            ``(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--
                    ``(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 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--
                    ``(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 and procedures 
        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 this section, 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 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--
            ``(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) 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--
                            ``(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.
            ``(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.
    ``(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 
                        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 assessment for 
                        consideration by the Administrator.
            ``(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.
    ``(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)(B), in the last sentence, by 
                striking ``rulemaking'';
            (4) in subsection (g) (as so redesignated)--
                    (A) in the first sentence, by striking ``from 
                cancer, gene mutations, or birth defects''; 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.--Subject to section 3A(h), 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 test data and 
                        information for the chemical substance or 
                        mixture, including specific reference to 
                        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) 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;
                    ``(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) 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
                    ``(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.
            ``(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.
    ``(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) 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) 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.
            ``(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 
                a person covered by the exemption has failed to comply 
                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.
    ``(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) Establishment 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.
                    ``(C) Additional chemical reviews.--The 
                Administrator shall--
                            ``(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) 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.
            ``(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) 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.--
                Not less frequently than once each year, the 
                Administrator shall 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 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 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 chemical 
                substances, the Administrator determines has the 
                potential for high hazard and widespread exposure;
                    ``(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
                    ``(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 applicable 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 the proposed decisions made under 
                paragraphs (3), (4), and (5) and the basis for the 
                decisions; and
                    ``(B) provide an opportunity 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 as 
                designated 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) In general.--The prioritization screening process 
        developed under subsection (a) shall--
                    ``(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
                    ``(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.
            ``(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.
            ``(3) Limitations.--In considering whether to grant a 
        request submitted under paragraph (1), the Administrator shall 
        ensure that--
                    ``(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
                    ``(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.
            ``(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.
            ``(5) Exceptions.--Requests granted under this subsection 
        shall not be subject to subsection (a)(3)(A)(iii) or section 
        18(b).''.

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''; and
                    (B) in paragraph (1), in the matter following 
                subparagraph (B)--
                            (i) by striking ``subsection (d)'' and 
                        inserting ``subsection (b)''; and
                            (ii) by striking ``and such person complies 
                        with any applicable requirement of subsection 
                        (b)'';
            (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));
            (7) in subsection (c) (as so redesignated)--
                    (A) by striking paragraph (1) and inserting the 
                following:
            ``(1) In general.--The notice required by subsection (a) 
        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), 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 paragraph (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) 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.
                    ``(E) 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 (c); 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), in the matter preceding 
                subparagraph (A), by striking ``(a) or'';
                    (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 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 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.
    ``(b) Prior Actions.--
            ``(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.
    ``(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.--The rule promulgated pursuant to this 
        subsection--
                    ``(A) may--
                            ``(i) apply to mixtures containing the 
                        chemical substance, as appropriate; and
                            ``(ii) exempt replacement parts for 
                        articles manufactured prior to the applicable 
                        compliance deadline; and
                    ``(B) shall include dates by which compliance is 
                mandatory, which--
                            ``(i) shall be as soon as practicable; and
                            ``(ii) as determined by the Administrator, 
                        may vary for different affected persons.
                    ``(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) 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 an 
                unreasonable risk of serious or widespread harm 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 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), 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--
                            ``(i) a decision by the Administrator under 
                        section 4A, 5(d)(3), or 6(c)(1); or
                            ``(ii) a rule, testing consent agreement, 
                        or order under section 4, 5(d)(4), 6(d), or 
                        6(h); or
                    ``(B) the pendency of any administrative or 
                judicial proceeding under any provision of this Act.'';
            (2) in subsection (d), by striking ``section 6(a)'' and 
        inserting ``section 6(c)''; and
            (3) 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 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.
            ``(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 rule 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 harm 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 
                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. IMPORTS.

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

``SEC. 13. IMPORTS.

    ``(a) Refusal of Entry.--
            ``(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--
                    ``(A) the Administrator--
                            ``(i) has determined under section 6(c) 
                        that the chemical substance or mixture does not 
                        meet the safety standard; and
                            ``(ii) has promulgated a rule pursuant to 
                        section 6(d) banning the chemical substance or 
                        mixture, as of the effective date of the rule;
                    ``(B) the chemical substance--
                            ``(i) is not included on the list under 
                        section 8(b)(1); and
                            ``(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
                    ``(C) the chemical substance, mixture, or any 
                article containing the chemical substance or mixture is 
                offered for entry in violation of--
                            ``(i) a rule, consent agreement, or order 
                        in effect under this Act; or
                            ``(ii) an order issued in a civil action 
                        brought under section 7 or title IV.
            ``(2) Procedure.--
                    ``(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--
                            ``(i) shall notify the consignee of the 
                        entry of the refusal;
                            ``(ii) shall not release the chemical 
                        substance or mixture to the consignee; and
                            ``(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.
                    ``(B) Exception.--
                            ``(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--
                                    ``(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
                                    ``(II) pays a duty on the chemical 
                                substance or mixture.
                            ``(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).
                    ``(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.
    ``(b) Certification.--
            ``(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--
                    ``(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
                    ``(B) the chemical substance--
                            ``(i) is included on the list under section 
                        8(b)(1); or
                            ``(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.
            ``(2) Articles.--
                    ``(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.
                    ``(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.
                    ``(C) Factors for consideration.--In determining 
                the need for and content of a certification rule under 
                this paragraph, the Administrator shall take into 
                consideration--
                            ``(i) the utility of the certification to 
                        enforcement of the applicable rule, consent 
                        agreement, or order under section 5 or 6;
                            ``(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;
                            ``(iii) the impact on commerce and 
                        potential for the certification to impede or 
                        disrupt import of articles;
                            ``(iv) the frequency or duration of the 
                        certification requirement; and
                            ``(v) specification of the concentration of 
                        a chemical substance in an article that would 
                        subject the article to the certification 
                        requirement.
            ``(3) Reasonable inquiry.--
                    ``(A) In general.--For purposes of a certification 
                under paragraph (1), reasonable inquiry shall include 
                good faith reliance by an importer on--
                            ``(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
                            ``(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).
                    ``(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).
            ``(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.
    ``(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--
            ``(1) the chemical substance or chemical substance in a 
        mixture is a high-priority substance;
            ``(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
            ``(3) the chemical substance or chemical substance in a 
        mixture--
                    ``(A) is the subject of a safety assessment and 
                safety determination conducted pursuant to section 6; 
                and
                    ``(B) has been found not to meet the safety 
                standard.
    ``(d) Rules.--
            ``(1) In general.--The Secretary of Homeland Security, 
        after consultation with the Administrator, shall promulgate 
        rules to carry out this section.
            ``(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.''.

SEC. 15. 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 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--
                    ``(A) any protection from disclosure provided under 
                this section with respect to information relating to 
                the chemical substance shall no longer apply; and
                    ``(B) the Administrator promptly shall make the 
                information public.
    ``(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) shall be disclosed if--
            ``(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--
                    ``(A) under any law for the protection of health or 
                the environment; or
                    ``(B) for a specific law enforcement purpose;
            ``(2) 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) the Administrator determines that disclosure is 
        necessary to protect health or the environment;
            ``(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--
                    ``(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) 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) 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) 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) the information is to be disclosed, on written 
        request of any duly authorized congressional committee, to that 
        committee; or
            ``(9) 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)(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.
    ``(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), 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) 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).
            ``(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).
    ``(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. 16. 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. 17. 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. 18. 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.--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.
    ``(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) 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--
                    ``(A) is adopted under the authority of, or 
                authorized to comply with, any other Federal law;
                    ``(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
                    ``(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--
                            ``(i) imposes a restriction on the 
                        manufacture, processing, distribution in 
                        commerce, or use of a chemical substance; and
                            ``(ii)(I) is already required by a decision 
                        by the Administrator under section 5 or 6;
                            ``(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
                            ``(III) would cause a violation of the 
                        applicable action by the Administrator under 
                        section 5 or 6.
            ``(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--
                    ``(A) is adopted under the authority of, or 
                authorized to comply with, any other Federal law;
                    ``(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
                    ``(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--
                            ``(i) imposes a restriction on the 
                        manufacture, processing, distribution in 
                        commerce, or use of a chemical substance; and
                            ``(ii)(I) is already required by a decision 
                        by the Administrator under section 5 or 6;
                            ``(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
                            ``(III) would cause a violation of the 
                        applicable action by the Administrator under 
                        section 5 or 6.
            ``(3) 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 subsection (b) or (c) of 
                section 4A or as an additional priority for safety 
                assessment and safety determination under section 
                4A(d).
    ``(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 
                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
                    ``(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) In general.--Upon application of a State or political 
        subdivision of a State, the Administrator may--
                    ``(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--
                            ``(i) compelling State or local conditions 
                        warrant granting the waiver to protect health 
                        or the environment;
                            ``(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;
                            ``(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
                            ``(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
                    ``(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--
                            ``(i) the State has a compelling local 
                        interest that warrants granting the waiver to 
                        protect health or the environment;
                            ``(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;
                            ``(iii) compliance with the proposed 
                        requirement would not cause a violation of any 
                        applicable Federal law, rule, or order; and
                            ``(iv) the proposed requirement is grounded 
                        in reasonable scientific concern.
            ``(2) Approval of a state waiver request.--The 
        Administrator shall grant or deny a waiver application--
                    ``(A) not later than 180 days after the date on 
                which an application under paragraph (1)(A) is 
                submitted; and
                    ``(B) not later than 90 days after the date on 
                which an application under paragraph (1)(B) is 
                submitted.
            ``(3) Notice and comment.--The application of a State or 
        political subdivision of the State shall be subject to public 
        notice and comment.
            ``(4) 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.
            ``(5) Duration of waivers.--A waiver granted under 
        paragraph (1)(B) shall remain in effect until the later of--
                    ``(A) such time as the safety assessment and safety 
                determination is completed; and
                    ``(B) the date on which compliance with an 
                applicable rule issued under section 6(d) is required.
            ``(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.
            ``(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.
    ``(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) 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) 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. 19. JUDICIAL REVIEW.

    Section 19 of the Toxic Substances Control Act (15 U.S.C. 2618) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) 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. 20. 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 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.
                            ``(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. 21. 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. 22. STUDIES.

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

SEC. 23. 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; and
                    ``(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;
                    ``(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 
                        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. 24. 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; and
            ``(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 this Act, 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. 25. 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. 26. AUTHORIZATION OF APPROPRIATIONS.

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

SEC. 27. 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. 28. 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.''.
                                 <all>
```