(2) the metabolism, physiology, and exposure 
patterns of developing fetuses, infants, and children 
to toxic chemicals differ from those of adults, which 
makes children more vulnerable than adults to the 
harmful effects of exposure to some synthetic chemi-
cals; 
(3) unlike manufacturers of pharmaceuticals 
and pesticides, manufacturers of most chemical sub-
stances are not required under current law to supply 
human or environmental toxicity information before 
selling their products to the public; 
(4) consequently, the vast majority of chemicals 
used in commercial products have never had any 
Federal review to evaluate potential toxicity of the 
produces to infants, children, developing fetuses, or 
adults; 
(5) biomonitoring tests have shown that a fetus, 
infant, or child in the United States today often has 
many synthetic chemicals in its blood and tissue; 
(6) certain chemicals that are persistent or slow 
to degrade and which bioaccumulate in human bod-
ies and wildlife have been found to be increasing in 
the environment; 
(7) despite those alarming discoveries, the Envi-
ronmental Protection Agency has reviewed the 
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human health risks of only an estimated 2 percent 
of the 62,000 chemicals that were in use in 1976, 
when Congress passed the Toxic Substances Control 
Act (15 U.S.C. 2601 et seq.); 
(8) the Administrator of the Environmental 
Protection Agency (referred to in this Act as the 
‘‘Administrator’’) has promulgated regulations to 
ban or restrict the use of only 5 chemical substances 
in 29 years, based on the excessively high adminis-
trative and legal hurdles imposed by that Act; 
(9) the chemical industry is an important part 
of the economy of the United States that has dem-
onstrated innovation in meeting environmental chal-
lenges and is taking voluntary steps to help ensure 
that the products of the industry are safe; 
(10) there is significant global trade in the 
chemical sector and many of the companies that con-
duct business in the United States must also comply 
with chemical safety regulatory programs in other 
countries; 
(11) the data that is generated to comply with 
these other regulatory programs would be useful in 
understanding hazards presented in the United 
States; and 
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(12) a fundamental overhaul of chemical man-
agement in the United States is needed to build a 
nontoxic environment for the children of the United 
States. 
(b) POLICY.—It is the policy of the United States— 
(1) to promote children’s health as a paramount 
national goal, recognizing that developing fetuses, 
infants, and children are uniquely vulnerable to the 
harmful effects of some toxic chemicals during all 
stages of their development; 
(2) to minimize toxic substances in the environ-
ment of children, workers, and consumers by— 
(A) promoting the use of safer alternatives 
and other actions to reduce exposure to haz-
ardous chemicals and reward business innova-
tion; 
(B) holding chemical manufacturers re-
sponsible for providing robust health and safety 
data for each chemical produced by the manu-
facturers prior to distribution of that chemical 
substance in commerce; and 
(C) providing to the Administrator the au-
thority to allow the commercial distribution of 
chemical substances only in cases in which data 
and other information indicate that there is a 
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reasonable certainty that the chemical sub-
stances pose no harm to human health or the 
environment; and 
(3) to guarantee that the public and workers 
have an absolute right to know about the hazards 
and health effects of the chemical substances to 
which they are exposed. 
(c) GOAL.—It is the goal of the United States to 
eliminate the exposure of all children, workers, consumers, 
and sensitive subgroups to harmful chemicals distributed 
in commerce by calendar year 2020 by— 
(1) identifying the highest-priority chemical 
substances for review by calendar year 2009; 
(2)(A) making a safety determination for, at a 
minimum, the first 300 priority chemical substances 
by calendar year 2012; and 
(B) banning or restricting the use of a chemical 
substance if it cannot be demonstrated that the sub-
stance meets the applicable safety standard; 
(3)(A) making a safety determination for all 
chemical substances by calendar year 2020; and 
(B) banning or restricting the use of those sub-
stances if it cannot be demonstrated that the sub-
stances meet the applicable safety standard; and 
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(4) encouraging the replacement of harmful 
chemicals with safer alternatives. 
SEC. 3. PROTECTION OF CHILDREN’S HEALTH FROM CHEM-
ICAL SUBSTANCES. 
(a) IN GENERAL.—The Toxic Substances Control Act 
(15 U.S.C. 2601 et seq.) is amended by adding at the end 
the following: 
‘‘TITLE V—CHILD SAFE 
CHEMICALS 
‘‘SEC. 501. DEFINITIONS. 
‘‘In this title: 
‘‘(1) BOARD.—The term ‘Board’ means the 
Interagency Science Advisory Board on Children’s 
Health and Toxic Substances established under sec-
tion 510(a). 
‘‘(2) DIRECTOR.—The term ‘Director’ means 
the Director of the National Center for Environ-
mental Health at the Centers for Disease Control 
and Prevention. 
‘‘(3) PRIORITY LIST.—The term ‘priority list’ 
means the priority list of chemical substances devel-
oped by the Administrator under section 503(b)(1). 
‘‘(4) REASONABLE CERTAINTY.—The term ‘rea-
sonable certainty’, with respect to the finding, in es-
tablishing a safety standard, that no harm will be 
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caused by aggregate exposure of a fetus, infant, 
child, worker, or member of other sensitive subgroup 
to a chemical substance, means that— 
‘‘(A) for risks posed by a chemical sub-
stance with a nonthreshold effect, exposure to 
all sources of the chemical substance presents 
not more than a 1-in-1,000,000 risk of adverse 
effects in the population of concern; and 
‘‘(B) for risks posed by a chemical sub-
stance with a threshold effect, as established by 
the Administrator based on supporting data, an 
additional tenfold margin of safety shall be ap-
plied to take into account the potential vulner-
ability associated with in-utero, infant, or child-
hood exposure to all sources of the chemical 
substance. 
‘‘(5) SAFETY
STANDARD.—The term ‘safety 
standard’ means, with respect to a chemical sub-
stance (or another chemical substance with a com-
mon mechanism of action), a standard that— 
‘‘(A) provides a reasonable certainty that 
no harm will be caused by aggregate exposure 
of a fetus, infant, child, worker, or member of 
other sensitive subgroup to the chemical sub-
stance; and 
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‘‘(B) is requisite to protect the public wel-
fare from any known or anticipated adverse ef-
fects associated with the chemical substance. 
‘‘(6) TOXICOLOGICAL PROPERTY.— 
‘‘(A) 
IN
GENERAL.—The 
term 
‘toxi-
cological property’ means actual or potential 
toxicity, bioconcentration, or other biological or 
adverse effects of a chemical substance. 
‘‘(B) INCLUSIONS.—The term ‘toxicological 
property’ includes actual or potential effects of 
exposure to a chemical substance on— 
‘‘(i) mortality; 
‘‘(ii) morbidity; 
‘‘(iii) reproduction; 
‘‘(iv) development; 
‘‘(v) the immune system; 
‘‘(vi) the endocrine system; 
‘‘(vii) the brain or nervous system; or 
‘‘(viii) any other biological functions 
in humans or animals. 
‘‘SEC. 502. MANUFACTURER SAFETY CERTIFICATIONS FOR 
EXISTING CHEMICALS IN COMMERCE. 
‘‘(a) SAFETY STATEMENT AND INFORMATION.—Not 
later than 1 year after the date of enactment of this title, 
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each manufacturer of a chemical substance distributed in 
commerce shall submit to the Administrator— 
‘‘(1) a statement signed by the chief executive 
officer of the manufacturer certifying, based on 
available information after a good faith inquiry, 
that— 
‘‘(A) the chemical substance meets the 
safety standard for the chemical substance; or 
‘‘(B) there are insufficient data to deter-
mine whether the chemical substance meets 
that safety standard; and 
‘‘(2) all reasonably available information in the 
possession or control of the manufacturer that has 
not previously been submitted to the Administrator 
regarding the physical, chemical, and toxicological 
properties of the chemical substance, including the 
annual production volume and known uses of, and 
exposure and fate information relating to, the chem-
ical substance. 
‘‘(b) UPDATING OF INFORMATION.—Each manufac-
turer of a chemical substance described in subsection (a) 
shall update and submit to the Administrator the informa-
tion described in subsection (a)(2)— 
‘‘(1) at a minimum, every 3 years; and 
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‘‘(2) at any time at which there becomes avail-
able significant new information regarding a phys-
ical, chemical, or toxicological property of, or expo-
sure to, the chemical substance, including, at a min-
imum, any information that— 
‘‘(A) demonstrates a new potential toxic ef-
fect of the chemical substance; 
‘‘(B) corroborates previous information 
demonstrating or suggesting a toxic effect; or 
‘‘(C) suggests a toxic effect at a lower dose 
than previously demonstrated. 
‘‘SEC. 503. PRIORITY LIST OF CHEMICAL SUBSTANCES FOR 
EPA SAFETY DETERMINATION. 
‘‘(a) CATEGORIZATION.—Not later than 5 years after 
the date of enactment of this title, the Administrator shall 
publish in the Federal Register a list of all chemical sub-
stances distributed in commerce that categorizes the 
chemical substances, based on existing information avail-
able to the Administrator, into 1 or more of the following 
categories: 
‘‘(1) Chemical substances that meet 1 or more 
of the criteria described in subsection (c), with each 
such enumerated criterion being a separate category. 
‘‘(2) Chemical substances for which available 
information is insufficient to determine whether the 
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chemical substances meet any of the criteria referred 
to in paragraph (1). 
‘‘(b) PRIORITY LIST.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this title, the Admin-
istrator shall develop and publish a priority list of 
not less than 300 chemical substances for which 
safety determinations under section 504 shall first 
be made. 
‘‘(2) UPDATING OF LIST.—The Administrator 
shall add at least 200 chemical substances to the 
priority list annually until all chemical substances 
that meet the criteria described in subsection (c) 
have been added to the priority list. 
‘‘(3) PETITION.—Not later than 180 days after 
the date on which the Administrator receives from 
any individual or entity a petition to nominate a 
chemical substance for addition to the priority list, 
the Administrator shall determine whether to add 
the nominated chemical substance to the priority 
list. 
‘‘(c) CRITERIA
FOR
IDENTIFYING
PRIORITIZED 
CHEMICAL SUBSTANCES.—In developing or updating the 
priority list, the Administrator shall take into account all 
relevant data with respect to chemical substances consid-
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ered for inclusion on the priority list, including whether 
a chemical substance— 
‘‘(1) or the metabolite or degradation byproduct 
of the chemical substance, is found in human blood, 
fluids, or tissue, unless the chemical substance is not 
synthetic and is naturally present at the level com-
monly found in blood, fluids, or tissue; 
‘‘(2) is found in food, drinking water, or indoor 
air, unless the chemical substance is not synthetic 
and is naturally present at the level commonly found 
in food, drinking water, or indoor air; 
‘‘(3) is manufactured or discharged into the en-
vironment at a volume of more than 1,000,000 
pounds annually; 
‘‘(4) is a known or suspected reproductive, neu-
rological, or immunological toxicant, carcinogen, 
mutagen, or endocrine disruptor, or causes negative 
developmental effects or has other toxicological prop-
erties of concern; or 
‘‘(5) is persistent or bioaccumulative. 
‘‘(d) TREATMENT AS FINAL AGENCY ACTION; NON-
DISCRETIONARY DUTY.— 
‘‘(1) TREATMENT AS FINAL AGENCY ACTION.— 
Neither categorization of a chemical substance under 
subsection (a), nor inclusion of a chemical substance 
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on the priority list, shall be considered to be a final 
agency action for the purpose of subchapter II of 
chapter 5, and chapter 7, of title 5, United States 
Code (commonly known as ‘the Administrative Pro-
cedure Act’). 
‘‘(2) NONDISCRETIONARY
DUTY.—The failure 
of the Administrator to categorize chemical sub-
stances or issue or update the priority list in accord-
ance with this section shall be considered to be a 
failure to perform a nondiscretionary duty. 
‘‘SEC. 504. EPA SAFETY STANDARD DETERMINATION FOR 
CHEMICAL SUBSTANCES. 
‘‘(a) IN GENERAL.— 
‘‘(1) RISK.—The Administrator shall interpret 
a reasonable certainty of no harm under this section 
to mean that— 
‘‘(A) for risks posed by chemical sub-
stances with nonthreshold effects, aggregate ex-
posure to the chemical substance presents not 
more than a 1 in 1,000,000 risk of adverse ef-
fects in the population of concern; and 
‘‘(B) for risks posed by chemical sub-
stances with threshold effects, an additional 
tenfold margin of safety shall be applied to take 
into account the potential vulnerability associ-
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‘‘(8) the potential effects of the chemical sub-
stance resulting from low-dose exposures; 
‘‘(9) the timing of exposure during sensitive 
stages of human development; and 
‘‘(10) the size, shape, and surface properties, 
and any other physical characteristics, of the chem-
ical substance that may effect the toxicity, hazards, 
or exposure of the chemical substance. 
‘‘SEC. 505. ADDRESSING PRENATAL EXPOSURES. 
‘‘(a) 
MONITORING
PRENATAL
EXPOSURE.—If, 
through studies performed pursuant to section 506(d) or 
by other means, the Administrator identifies a chemical 
substance that may be present in human blood, fluids, or 
tissue, the Administrator shall arrange for the Director 
to conduct, not later than 2 years after the date on which 
the Administrator makes the identification, a biomoni-
toring study to determine the presence of the chemical 
substance in human cord blood. 
‘‘(b) PUBLICATION.—Upon completion of the study 
conducted under subsection (a)— 
‘‘(1) the Director shall inform the Adminis-
trator of the results of the study; and 
‘‘(2) the Administrator shall publish the results 
on the Internet. 
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‘‘(c) PRIORITY LIST CHEMICAL SUBSTANCES FOUND 
IN HUMAN CORD BLOOD.— 
‘‘(1) IN
GENERAL.—Any chemical substance 
that is on the priority list because the chemical sub-
stance meets criteria described in paragraph (4) or 
(5) of section 503(c) and is found to be present in 
human cord blood under this section shall be pre-
sumed by the Administrator to have failed to meet 
the safety standard under section 504. 
‘‘(2) 
REBUTTAL.—The 
presumption 
under 
paragraph (1) may be rebutted only if the Adminis-
trator determines that the chemical substances 
meets the safety standard under section 504. 
‘‘SEC. 506. COLLECTION OF CHEMICAL SAFETY INFORMA-
TION. 
‘‘(a) IN GENERAL.—On receipt of a request from the 
Administrator, a manufacturer of a chemical substance 
shall provide to the Administrator all information re-
quested under this section. 
‘‘(b) MINIMUM DATA REQUIREMENTS.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of enactment of this title, the Admin-
istrator shall establish minimum data requirements 
that would ensure that determinations under section 
504 are based on sufficient and reliable data. 
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‘‘(2) REQUIREMENTS.—The minimum data re-
quirements shall— 
‘‘(A) at a minimum, require the submission 
of information sufficient to determine whether a 
chemical substance has the potential— 
‘‘(i) to persist or bioaccumulate in hu-
mans or nonhuman organisms; 
‘‘(ii) to cause skin irritation or skin 
sensitization; 
‘‘(iii) to cause mutations, cytogenicity, 
or chromosomal aberrations; 
‘‘(iv) to cause acute or chronic toxicity 
in humans; 
‘‘(v) to cause reproductive or develop-
mental toxicity in humans; 
‘‘(vi) to cause acute or chronic toxicity 
in aquatic organisms; 
‘‘(vii) to persist in the environment; or 
‘‘(viii) to degrade into substances that 
have the potential to exhibit any of the ef-
fects described in clauses (i) through (vii); 
and 
‘‘(B) include the requirement to submit— 
‘‘(i) production, processing, use, and 
exposure-related information; 
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‘‘(ii) an assessment of the number of 
workers reasonably likely to be exposed to 
the chemical substance at the site of man-
ufacture; and 
‘‘(iii) a description of the commercial 
and consumer uses of the chemical sub-
stance. 
‘‘(c) TIERING PROCESS.—The Administrator may de-
velop a tiering process for use in the submission of the 
information under this section. 
‘‘(d) BIOMONITORING.— 
‘‘(1) IN
GENERAL.—Not later than 2 years 
after the date of enactment of this title, and every 
3 years thereafter, the Director shall, at the expense 
of manufacturers of chemical substances, carry out 
a biomonitoring study to determine the presence in 
human blood, fluids, or tissue for any chemical sub-
stance that is— 
‘‘(A) manufactured in quantities greater 
than 1,000,000 pounds during 1 calendar year; 
or 
‘‘(B) distributed in commerce— 
‘‘(i) to which humans are exposed; 
and 
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‘‘(ii) for which there is cause for con-
cern regarding the exposure (as deter-
mined by the Administrator), such as a po-
tential for persistence or bioaccumulation 
of the chemical substance. 
‘‘(2) USER FEE.—Not later than 1 year after 
the date of enactment of this title, the Director shall 
establish a user fee program to ensure that the man-
ufacturer of a chemical substance provides the nec-
essary funds to carry out a biomonitoring study for 
the chemical substance pursuant to paragraph (1). 
‘‘(3) STANDARD.—The Administrator shall by 
regulation establish a standard for biomonitoring 
studies under this subsection that includes— 
‘‘(A) the use of a representative sample 
that ensures that likely exposed populations, in-
cluding children, are oversampled; and 
‘‘(B) a determination of appropriate detec-
tion levels of chemical substances. 
‘‘(4) SUBSTANCE DETECTION.—A manufacturer 
of a chemical substance that is subject to paragraph 
(1) shall make available to the public a practicable 
method (as determined by the Administrator) for 
use in detecting the presence of the chemical sub-
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stance (or any metabolite of the chemical substance) 
in human blood, fluids, and tissue. 
‘‘SEC. 507. REDUCTION OF HEALTH HAZARDS FOR CHIL-
DREN, WORKERS, AND CONSUMERS. 
‘‘(a) MARKET RESTRICTIONS.—No person shall man-
ufacture, import, or distribute in commerce a chemical 
substance if— 
‘‘(1) the Administrator determines that the per-
son failed to act in accordance with section 502 or 
section 506; or 
‘‘(2) the Administrator determines that the 
chemical substance does not meet the applicable 
safety standard. 
‘‘(b) USE EXEMPTIONS.— 
‘‘(1) IN
GENERAL.—In any case in which a 
chemical substance does not meet the safety stand-
ard because of an aggregation of exposure, the Ad-
ministrator, upon receipt of a petition or upon the 
initiative of the Administrator, may allow manufac-
turing for a specified use of the chemical substance 
if the Administrator determines that the manufac-
turer has established that the use meets the safety 
standard on an ongoing and verifiable basis. 
‘‘(2) CONSIDERATIONS.—In making a deter-
mination under paragraph (1), the Administrator 
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shall consider exposures pursuant to other use ex-
emptions issued by the Administrator. 
‘‘(3) LIMITATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a use exemption issued 
under this subsection shall remain in effect for 
not longer than 5 years. 
‘‘(B) SUBSEQUENT
USE
EXEMPTIONS.— 
The Administrator may issue subsequent use 
exemptions that may remain in effect for not 
longer than 5 years. 
‘‘(c) UNSAFE CHEMICAL SUBSTANCES FOUND
IN 
PRODUCTS.—The Administrator may prohibit a specified 
use of a chemical substance in consumer products if, after 
providing public notice and an opportunity for comment, 
the Administrator determines that the use of the product 
in the home results in human exposure that does not meet 
the safety standard. 
‘‘(d) OTHER EXEMPTION.— 
‘‘(1) IN GENERAL.—The President, in a non-
delegable capacity, may make an exemption from 
this section for a specific use of a chemical sub-
stance for a period of not to exceed 5 years if, after 
providing public notice and an opportunity for com-
ment, the President determines that— 
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‘‘(A) an exemption is in the paramount in-
terest of national security, or the lack of avail-
ability of the chemical substance would cause 
significant disruption in the national economy; 
and 
‘‘(B) no feasible alternative for the speci-
fied use of the chemical substance is available. 
‘‘(2) 
RENEWABILITY.—The 
President 
may 
renew an exemption under paragraph (1) for 1 or 
more additional 5-year periods if the President con-
cludes, after providing public notice and an oppor-
tunity for comment, that a renewal is necessary. 
‘‘(3) PUBLIC NOTICE.—If the President grants 
an exemption for a chemical substance under this 
subsection— 
‘‘(A) the manufacturer of the chemical 
substance shall provide notice of the exemption 
to each known customer of the manufacturer; 
and 
‘‘(B) the President shall provide the public 
with a notice of the exemption. 
‘‘(e) OTHER AGENCY RULEMAKINGS.—The Adminis-
trator shall consider any safety determination for a chem-
ical substance pursuant to section 504, and any market 
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restriction and use exemption pursuant to this section, in 
the exercise of other relevant agency rulemakings. 
‘‘SEC. 508. ANIMAL TESTING ALTERNATIVES. 
‘‘(a) ALTERNATIVES TO ANIMAL TESTING.— 
‘‘(1) IN GENERAL.—To minimize the use of ani-
mal testing of chemical substances, the Adminis-
trator shall— 
‘‘(A) require the use, where practicable, 
of— 
‘‘(i) existing data to fill data gaps by 
calling for mandatory disclosure of all ex-
isting data, and thoroughly investigating 
sources of existing data; 
‘‘(ii) replacement alternatives that— 
‘‘(I) do not involve the use of an 
animal to test the chemical substance; 
and 
‘‘(II) provide information that is 
equivalent in scientific quality to the 
animal testing method; and 
‘‘(iii) reduction alternatives that use 
fewer animals than conventional animal- 
based tests when replacement alternatives 
are impracticable, including the use of 
tests that combine 2 or more endpoints; 
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‘‘(B) encourage, where practicable— 
‘‘(i) the grouping of similar chemicals 
into categories to limit testing to only 
those chemicals which are representative of 
the group; and 
‘‘(ii) the forming of industry consortia 
to jointly conduct testing to avoid duplica-
tion of tests; and 
‘‘(C) fund research and validation studies 
to reduce and replace the use of animal tests in 
accordance with this paragraph. 
‘‘(2) LIST
OF
ALTERNATIVE
TESTING
METH-
ODS.—Not later than 1 year after the date of enact-
ment of this title, and triennially thereafter, the Ad-
ministrator, in consultation with the Board, shall 
publish a list of the alternative testing methods de-
scribed in paragraph (1). 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$5,000,000. 
‘‘SEC. 509. SAFER ALTERNATIVES AND GREEN CHEMISTRY. 
‘‘(a) SAFER ALTERNATIVES PROGRAM.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this title, the Administrator 
shall establish a program to create market incentives 
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for the development of safer alternatives to existing 
chemical substances. 
‘‘(2) REQUIREMENTS.—The program under 
paragraph (1) shall include— 
‘‘(A) expedited review of new chemical sub-
stances for which the manufacturer submits an 
alternatives analysis indicating that the new 
chemical substance is the safer alternative for a 
particular use than existing chemical substances 
used for the same purpose; 
‘‘(B) recognition for a chemical substance 
determined by the Administrator to be a safer 
alternative for a particular use by means of a 
special designation intended for use in mar-
keting the safer alternative, and periodic public 
awards; and 
‘‘(C) such other incentives as the Adminis-
trator considers to be appropriate to encourage 
the development, marketing, and use of chem-
ical substances determined by the Adminis-
trator to be safer alternatives for the particular 
uses. 
‘‘(b) GREEN CHEMISTRY RESEARCH AND CLEARING-
HOUSE NETWORK.— 
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‘‘(1) IN GENERAL.—The Administrator shall es-
tablish a network of not less than 4 green chemistry 
and technology research and clearinghouse centers, 
located in various regions of the United States, to 
support the development and adoption of safer alter-
natives to chemical substances, particularly chemical 
substances placed on the priority list. 
‘‘(2) REQUIREMENTS.—The research and clear-
inghouse centers described in paragraph (1) shall— 
‘‘(A) provide technical assistance relating 
to alternatives analysis, green chemistry, and 
green technology techniques to small and me-
dium-sized manufacturers of chemical sub-
stances; 
‘‘(B) provide technical training relating to 
alternatives analysis, green chemistry, chemicals 
policy, and green technology techniques to stu-
dents and professionals; 
‘‘(C) conduct alternatives analysis, green 
chemistry, and green technology research; and 
‘‘(D) provide grants to promote and sup-
port the research, development, adoption, and 
use of alternatives to the activities identified in 
subparagraphs (A), (B), and (C). 
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‘‘SEC. 510. INTERAGENCY SCIENCE ADVISORY BOARD ON 
CHILDREN’S 
HEALTH 
AND 
TOXIC 
SUB-
STANCES. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN
GENERAL.—Not later than 90 days 
after the date of enactment of this title, the Admin-
istrator shall establish an advisory board, to be 
known as the ‘Interagency Science Advisory Board 
on Children’s Health and Toxic Substances’. 
‘‘(2) COMPOSITION.—The Board shall be com-
posed of, at a minimum, representatives of— 
‘‘(A) the National Institute of Environ-
mental Health Sciences; 
‘‘(B) the Centers for Disease Control and 
Prevention; 
‘‘(C) the National Toxicology Program; 
‘‘(D) the National Cancer Institute; 
‘‘(E) the National Tribal Science Council; 
and 
‘‘(F) not fewer than 3 centers of children’s 
health at leading universities. 
‘‘(b) PURPOSES.—The purposes of the Board shall 
be— 
‘‘(1) to provide independent advice and peer re-
view to the Administrator and Congress on the sci-
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entific and technical aspects of problems and issues 
relating to the requirements of this title; 
‘‘(2) to review the scientific and technical basis 
for the standards, rules, guidance, and other science- 
based decisions under this title, including the provi-
sion of expert consultation and advice to the Admin-
istrator; and 
‘‘(3) to reduce the duplication of the efforts by 
manufacturers to— 
‘‘(A) comply with this title; and 
‘‘(B) reduce the testing of chemical sub-
stances on animals. 
‘‘SEC. 511. COOPERATION WITH INTERNATIONAL EFFORTS. 
‘‘In cooperation with the Secretary of State and the 
head of any other appropriate Federal agency (as deter-
mined by the Administrator), the Administrator shall co-
operate with any international effort— 
‘‘(1) to develop a common protocol or electronic 
database relating to chemical substances; or 
‘‘(2) to develop safer alternatives for chemical 
substances. 
‘‘SEC. 512. PUBLIC ACCESS TO INFORMATION. 
‘‘(a) TRANSMISSION
TO
ADMINISTRATOR.—Each 
Federal agency and Federal institution shall submit to the 
Administrator all information provided to the Federal 
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agency or institution relating to a hazard of, or risk of 
exposure to, a chemical substance. 
‘‘(b) ELECTRONIC DATABASE.—Not later than 1 year 
after the date of enactment of this title, the Administrator, 
in collaboration with interested parties, shall establish— 
‘‘(1) a consistent format for the submission of 
data to an electronic, Internet-accessible database 
for storing and sharing of information relating to 
the toxicity and use of, and exposure to, chemical 
substances; and 
‘‘(2) procedures for use in maintaining the 
database. 
‘‘(c) PUBLIC ACCESS.—Not later than 18 months 
after the date of enactment of this title, the Administrator 
shall make available to the public via the Internet-acces-
sible database described in subsection (b)(1)— 
‘‘(1) any information provided to the Adminis-
trator relating to the properties and hazards of a 
chemical substance; and 
‘‘(2) any other nonconfidential information re-
lating to a chemical substance that is provided to 
the Administrator. 
‘‘(d) RELIABLE INFORMATION.—The Administrator 
shall establish and implement procedures to ensure data 
reliability that include— 
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‘‘(1) not less than 1 time each year, the Admin-
istrator shall randomly inspect not less than 3 per-
cent of the commercial and private laboratories 
which develop the data required by the title on the 
various properties and characteristics of a chemical 
substance; 
‘‘(2) annually, the Administrator shall perform 
a comprehensive data audit on a statistically signifi-
cant number of the data submissions submitted by 
manufacturers under this title; 
‘‘(3) the Administrator shall establish and 
maintain a registry of all health and safety related- 
studies initiated in response to requirements or in-
formation requests made under this title to ensure 
that results of all initiated studies are reported and 
made available to the Administrator, along with de-
tails of the method utilized in each study; and 
‘‘(4) the Administrator shall have access to all 
records of privately sponsored health and safety-re-
lated studies initiated in response to requirements or 
information requests made under this title. 
‘‘SEC. 513. CONFIDENTIAL BUSINESS INFORMATION. 
‘‘(a) IN GENERAL.—If a manufacturer of a chemical 
substance submits to the Administrator or any other Fed-
eral agency or institution any information that the manu-
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facturer requests be treated as confidential business infor-
mation (as defined in section 350.27 of title 40, Code of 
Federal Regulations (as in effect on the date of enactment 
of this title)), the chief executive officer of the manufac-
turer shall, at the time the information is submitted, pro-
vide to the Administrator— 
‘‘(1)(A) a written statement that identifies the 
specific information to which the request applies; 
‘‘(B) a justification indicating the particular 
reasons why the information needs to be kept con-
fidential; and 
‘‘(C) any other documentation required pursu-
ant to subsection (b)(1); 
‘‘(2) the period of time for which the informa-
tion is requested to be kept confidential, including a 
justification for the specified time period; and 
‘‘(3) certification that the information is not 
otherwise publicly available. 
‘‘(b) DUTIES OF THE ADMINISTRATOR.—The Admin-
istrator shall— 
‘‘(1) not later than 1 year after the date of en-
actment of this title, develop and make publicly 
available standards that specify— 
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‘‘(A) the acceptable bases on which re-
quests to keep submitted information confiden-
tial may be made; and 
‘‘(B) the documentation that must accom-
pany those requests; 
‘‘(2) not later than 90 days after the date of re-
ceipt of information under subsection (a)— 
‘‘(A) review all requests to keep the sub-
mitted information confidential; and 
‘‘(B) decide whether to accept or reject 
each such request based on whether the request 
and accompanying documentation comply with 
the standards developed under paragraph (1); 
and 
‘‘(3) if such a request is accepted, specify a 
time period of not greater than 5 years for which 
the request is granted, and after which period the 
information will no longer be kept confidential unless 
a new request for confidentiality is submitted to and 
accepted by the Administrator under this section. 
‘‘(c) ACCESS TO CONFIDENTIAL BUSINESS INFORMA-
TION BY OTHER GOVERNMENTS.— 
‘‘(1) IN GENERAL.—Confidential business infor-
mation received by the Administrator shall be made 
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available upon request to a State, tribal, or munic-
ipal government— 
‘‘(A) for the purpose of administration or 
enforcement of a law; and 
‘‘(B) in accordance with any applicable 
agreements that ensure that the recipient gov-
ernment takes appropriate steps to maintain 
the confidentiality of the information in accord-
ance with this section and section 350.27 of 
title 40, Code of Federal Regulations (as in ef-
fect on the date of enactment of this title). 
‘‘(2) OTHER
INFORMATION.—The Adminis-
trator shall make available to a State, tribal, or local 
government information identifying the location of 
the manufacture, processing, or storage of a chem-
ical substance upon the request of the government. 
‘‘(d) INFORMATION FROM FOREIGN COUNTRIES.— 
Except as provided in subsection (c), any information pro-
vided to the Administrator by an officer or employee of 
a foreign government shall be considered to be confidential 
business information, if the information is considered to 
be confidential business information by the officer or em-
ployee of the foreign government. 
‘‘(e) NONCONFIDENTIAL INFORMATION.—The name 
of a chemical substance, and all information concerning 
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the effects of the chemical substance on human health or 
the environment, shall not be considered to be confidential 
business information under this section. 
‘‘SEC. 514. RELATIONSHIP TO OTHER LAW. 
‘‘Nothing in this title affects the right of a State or 
political subdivision of a State to adopt or enforce any reg-
ulation, requirement, liability, or standard of performance 
that is more stringent than a regulation, requirement, li-
ability, or standard of performance established by this 
title.’’. 
(b) EFFECT
OF
SECTION.—Notwithstanding the 
amendment made by subsection (a), any regulation pro-
mulgated (including any prohibition or restriction issued) 
under the provisions repealed by that subsection before the 
date of enactment of this Act shall remain in effect until 
the date on which the Administrator of the Environmental 
Protection Agency promulgates new regulations under 
title V of the Toxic Substances Control Act (15 U.S.C. 
2601 et seq.) (as added by subsection (a)). 
(c) CONFORMING AMENDMENTS.— 
(1) TESTING OF CHEMICAL SUBSTANCES AND 
MIXTURES.—Section 4 of the Toxic Substances Con-
trol Act (15 U.S.C. 2603) is amended— 
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(A) in subsection (f), in the matter fol-
lowing paragraph (2), by inserting ‘‘, or title 
V,’’ after ‘‘section 5, 6, or 7’’; and 
(B) in subsection (g), in the first sentence, 
by inserting ‘‘or title V’’ after ‘‘section 5(a)’’. 
(2) MANUFACTURING
AND
PROCESSING
NO-
TICES.—Section 5 of the Toxic Substances Control 
Act (15 U.S.C. 2604) is amended— 
(A) in subsection (b)— 
(i) in paragraph (1)(A)(ii), by insert-
ing ‘‘or title V’’ after ‘‘section 4’’; and 
(ii) in paragraph (2)(A)(ii), by insert-
ing ‘‘or title V’’ after ‘‘section 4’’; 
(B) in subsection (d)(2)(C), by inserting 
‘‘or title V’’ after ‘‘section 4’’; 
(C) in subsection (e)(2)(D), in the first 
sentence, by inserting ‘‘or title V’’ after ‘‘sec-
tion 6(a)’’; 
(D) in subsection (f)— 
(i) in paragraph (1), by inserting ‘‘or 
title V’’ after ‘‘section 6’’; 
(ii) in paragraph (2), in the matter 
preceding subparagraph (A), by inserting 
‘‘or title V’’ after ‘‘section 6(a)’’; and 
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(iii) in paragraph (3)(B), by inserting 
‘‘or title V’’ after ‘‘section 6’’; and 
(E) in subsection (g), by inserting ‘‘, or 
title V,’’ after ‘‘section 6 or 7’’. 
(3) IMMINENT
HAZARDS.—Section 7 of the 
Toxic Substances Control Act (15 U.S.C. 2606) is 
amended— 
(A) in subsection (a)— 
(i) in paragraph (1), in the matter fol-
lowing subparagraph (C)— 
(I) by striking ‘‘section 4, 5, 6, 
or title IV’’ and inserting ‘‘section 4, 
5, or 6, or title IV or V,’’; and 
(II) by striking ‘‘section 5 or title 
IV’’ and inserting ‘‘section 5 or title 
IV or V’’; and 
(ii) in paragraph (2), by inserting 
‘‘title V or’’ before ‘‘section 6(a)’’; and 
(B) in subsection (f), in the second sen-
tence, by inserting ‘‘or title V’’ after ‘‘section 
6’’. 
(4) REPORTING AND RETENTION OF INFORMA-
TION.—Section 8 of the Toxic Substances Control 
Act (15 U.S.C. 2607) is amended— 
(A) in subsection (a)(3)(A)(ii)— 
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(i) in subclause (I), by inserting ‘‘or 
title V,’’ after ‘‘or 6,’’; and 
(ii) in subclause (II), by inserting ‘‘or 
title V’’ after ‘‘section 5 or 7’’; and 
(B) in subsection (b)(1)— 
(i) in the first sentence, by striking 
‘‘section 5 or subsection (a) of this sec-
tion’’ and inserting ‘‘subsection (a), section 
5, or title V’’; and 
(ii) in the second sentence, by insert-
ing ‘‘or title V’’ after ‘‘section 5’’. 
(5) 
RELATIONSHIP
TO
OTHER
FEDERAL 
LAWS.—Section 9(a) of the Toxic Substances Con-
trol Act (15 U.S.C. 2608(a)) is amended— 
(A) in paragraph (2), in the matter fol-
lowing subparagraph (B), by inserting ‘‘or title 
V’’ after ‘‘section 6 or 7’’; and 
(B) in paragraph (3), by inserting ‘‘or title 
V’’ after ‘‘section 6 or 7’’. 
(6) EXPORTS.—Section 12 of the Toxic Sub-
stances Control Act (15 U.S.C. 2611) is amended— 
(A) in subsection (a)(2), by inserting ‘‘or 
title V’’ after ‘‘section 4’’; and 
(B) in subsection (b)— 
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(i) in paragraph (1), by inserting ‘‘or 
title V’’ after ‘‘section 4 or 5(b)’’; and 
(ii) in paragraph (2)— 
(I) by inserting ‘‘or title V’’ after 
‘‘issued under section 5’’; 
(II) by inserting ‘‘or title V’’ 
after ‘‘section 5 or 6’’; and 
(III) by inserting ‘‘or title V’’ 
after ‘‘section 5 or 7’’. 
(7) ENTRY INTO CUSTOMS TERRITORY OF THE 
UNITED
STATES.—Section 13(a)(1) of the Toxic 
Substances Control Act (15 U.S.C. 2612(a)(1)) is 
amended by striking subparagraph (B) and inserting 
the following: 
‘‘(B) the substance, mixture, or article is 
offered for entry in violation of section 5, 6, or 
7, or title IV or V.’’. 
(8) 
DISCLOSURE
OF
DATA.—Section 
14(b)(1)(A)(ii) of the Toxic Substances Control Act 
(15 U.S.C. 2613(b)(1)(A)(ii)) is amended by strik-
ing ‘‘for which testing’’ and all that follows through 
‘‘section 5,’’ and inserting ‘‘for which testing or a 
notification is required under section 4 or 5 or title 
V;’’. 
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(9) PROHIBITED
ACTS.—Section 15 of the 
Toxic Substances Control Act (15 U.S.C. 2614) is 
amended— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) fail or refuse to comply with any rule or 
requirement under section 4, 5, or 6, or title II or 
V; and’’; and 
(B) in paragraph (2), by striking ‘‘viola-
tion of section 5’’ and all that follows through 
‘‘section 5 or 7’’ and inserting ‘‘violation of sec-
tion 5, 6, or 7, or title V’’. 
(10) SPECIFIC ENFORCEMENT AND SEIZURE.— 
Section 17(a)(1) of the Toxic Substances Control 
Act (15 U.S.C. 2616(a)(1)) is amended— 
(A) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) restrain any person from taking an 
action prohibited under section 5 or 6, or title 
IV or V; and’’; 
(B) in subparagraph (D), by striking ‘‘di-
rect any manufacturer’’ and all that follows 
through ‘‘and distributed in commerce’’ and in-
serting ‘‘direct any manufacturer or processor 
of a chemical substance, mixture, or project 
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subject to title IV or V manufactured or proc-
essed in violation of a rule, order, or require-
ment under section 5 or 6 or title IV or V, and 
distributed in commerce’’. 
(11) PREEMPTION.—Section 18 of the Toxic 
Substances Control Act (15 U.S.C. 2617) is amend-
ed to read as follows: 
‘‘SEC. 18. PREEMPTION. 
‘‘Nothing in this Act affects the authority of a State 
or political subdivision of a State to establish or continue 
in effect any regulation of a chemical substance, mixture, 
or article containing a chemical substance or mixture.’’. 
(12) JUDICIAL
REVIEW.—Section 19 of the 
Toxic Substances Control Act (15 U.S.C. 2618) is 
amended— 
(A) in subsection (a)— 
(i) in paragraph (1)— 
(I) in subparagraph (A), in the 
first sentence, by striking ‘‘title II or 
IV’’ and inserting ‘‘title II, IV, or V’’; 
and 
(II) in subparagraph (B), by in-
serting ‘‘or title V’’ after ‘‘section 
6(b)(1)’’; and 
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(ii) in paragraph (3), by striking sub-
paragraph (B) and inserting the following: 
‘‘(B) with respect to a rule or finding 
under section 4, 5, or 6, or title IV or V, the 
finding required for the issuance of the rule;’’; 
and 
(B) in subsection (c)(1)(B)— 
(i) in clause (i), by inserting ‘‘, or title 
V,’’ after ‘‘6(e)’’; and 
(ii) in clause (iii)(I), by striking ‘‘sec-
tion 6(c)(1), or’’ and inserting ‘‘section 
6(c)(1) or title V; or’’. 
(13) 
CITIZENS’ 
CIVIL
ACTIONS.—Section 
20(a)(1) of the Toxic Substances Control Act (15 
U.S.C. 2619(a)(1)) is amended by striking ‘‘title II 
or IV’’ each place it appears and inserting ‘‘title II, 
IV, or V’’. 
(14) CITIZENS’ PETITIONS.—Section 21 of the 
Toxic Substances Control Act (15 U.S.C. 2620) is 
amended— 
(A) in subsection (a), by striking ‘‘a rule 
under’’ and all that follows through ‘‘section 
6(b)(2)’’ and inserting ‘‘a rule or order under 
section 4, 5, 6, or 8, or title V’’; and 
(B) in subsection (b)— 
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(i) in paragraph (1), by striking ‘‘a 
rule under’’ and all that follows through 
‘‘section 6(b)(1)(B)’’ and inserting ‘‘a rule 
or order under section 4, 5, 6, or 8, or title 
V’’; 
(ii) in paragraph (3), in the first sen-
tence, by inserting ‘‘, or title V’’ after 
‘‘section 4, 5, 6, or 8’’; and 
(iii) in paragraph (4)(B)— 
(I) in the matter preceding clause 
(i), by striking ‘‘section 4’’ and all 
that follows through ‘‘section 6(b)(2)’’ 
and inserting ‘‘rule or order under 
section 4, 5, 6, or 8, or title V’’; 
(II) in clause (i), by striking ‘‘a 
rule under’’ and all that follows 
through ‘‘section 5(e)’’ and inserting 
‘‘a rule or order under section 4 or 5 
or title V’’; and 
(III) in clause (ii), by striking 
‘‘under section 6’’ and all that follows 
through ‘‘section 6(b)(2)’’ and insert-
ing ‘‘or order under section 6 or 8 or 
title V’’. 
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(15) EMPLOYMENT
EFFECTS.—Section 24 of 
the Toxic Substances Control Act (15 U.S.C. 2623) 
is amended— 
(A) by striking subsection (a) and insert-
ing the following: 
‘‘(a) IN GENERAL.—The Administrator shall evalu-
ate, on a continuing basis, the potential effects on employ-
ment (including reductions in employment or loss of em-
ployment from threatened plant closures) of each rule, 
order, and requirement under sections 4, 5, and 6, and 
title V.’’; and 
(B) in subsection (b)— 
(i) in paragraph (1), in the matter fol-
lowing subparagraph (B), by striking ‘‘a 
rule or order’’ and all that follows through 
‘‘section 5 or 6’’ and inserting ‘‘a rule, 
order, or requirement under section 4, 5, 
or 6, or title V’’; and 
(ii) in paragraph (2)(B)(ii), by strik-
ing ‘‘section 6(c)(3), and’’ and inserting 
‘‘section 6(c)(3) and title V; and’’. 
(16) ADMINISTRATION OF THE ACT.—Section 
26(b)(1) of the Toxic Substances Control Act (15 
U.S.C. 2625(b)(1)) is amended by inserting ‘‘or title 
V’’ after ‘‘section 4 or 5’’ each place it appears. 
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‘‘Sec. 503. Priority list of chemical substances for EPA safety determination. 
‘‘Sec. 504. EPA safety standard determination for chemical substances. 
‘‘Sec. 505. Addressing prenatal exposures. 
‘‘Sec. 506. Collection of chemical safety information. 
‘‘Sec. 507. Reduction of health hazards for children, workers, and consumers. 
‘‘Sec. 508. Animal testing alternatives. 
‘‘Sec. 509. Safer alternatives and green chemistry. 
‘‘Sec. 510. Interagency science advisory board on children’s health and toxic 
substances. 
‘‘Sec. 511. Cooperation with international efforts. 
‘‘Sec. 512. Public access to information. 
‘‘Sec. 513. Confidential business information. 
‘‘Sec. 514. Relationship to other law.’’. 
Æ 
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