distribution in commerce, use, or disposal of a 
chemical substance; or 
‘‘(B) pursuant to a State law that was in 
effect on August 31, 2003, 
unless an action or determination made by the Ad-
ministrator under this title actually conflicts with 
the action taken or requirement that has taken ef-
fect pursuant to such a State law. 
‘‘(2) TORT AND CONTRACT LAW.—Nothing in 
this title, nor any risk evaluation, rule, order, stand-
ard, or requirement completed or implemented under 
this title, shall be construed to preempt or otherwise 
affect either Federal or State tort law or the law 
governing the interpretation of contracts of any 
State, including any remedy for civil relief, whether 
under statutory or common law, including a remedy 
for civil damages, and any cause of action for per-
sonal injury, wrongful death, property damage, or 
other injury based on negligence, strict liability, 
products liability, failure to warn, or any other legal 
theory relating to tort law. 
‘‘(3) INTENT OF CONGRESS.—It is not the in-
tent of Congress that this title, or rules, regulations, 
or orders issued pursuant to this title, be interpreted 
as influencing, in either a plaintiff’s or defendant’s
favor, the disposition of any civil action for damages 
in a State court, or the authority of any court to 
make a determination in an adjudicatory proceeding 
under applicable State law with respect to the ad-
missibility of evidence, unless a provision of this title 
actually conflicts with the State court action. 
‘‘(4) APPLICATION.—For purposes of this title, 
the term ‘requirements’ does not include civil tort 
actions for damages under State law.’’. 
(c) EFFECT
OF ACTIONS
BY ADMINISTRATOR.— 
Nothing in this Act, or the amendments made by this Act, 
shall be construed as changing the preemptive effect of 
an action taken by the Administrator prior to the date 
of enactment of this Act or under section 6(e). 
SEC. 8. ADMINISTRATION OF THE ACT. 
Section 26 of the Toxic Substances Control Act (15 
U.S.C. 2625) is amended— 
(1) in subsection (b)(1)— 
(A) by striking ‘‘of a reasonable fee’’; 
(B) by inserting ‘‘of a fee that is sufficient 
and not more than reasonably necessary’’ after 
‘‘section 4 or 5’’; 
(C) by inserting ‘‘, or who requests a risk 
evaluation under section 6(b)(3)(A)(ii),’’ before 
‘‘to defray the cost’’;
(D) by striking ‘‘this Act’’ and inserting 
‘‘the provision of this title for which such fee is 
collected’’; and 
(E) by striking ‘‘Such rules shall not pro-
vide for any fee in excess of $2,500 or, in the 
case of a small business concern, any fee in ex-
cess of $100.’’ and inserting ‘‘Such rules shall 
provide for lower fees for small business con-
cerns.’’; 
(2) by adding at the end of subsection (b) the 
following: 
‘‘(3) FUND.— 
‘‘(A) ESTABLISHMENT.—There is established in 
the Treasury of the United States a revolving fund, 
to be known as the TSCA Service Fee Fund (in this 
paragraph referred to as the ‘Fund’), consisting of 
such amounts as are deposited in the Fund under 
this paragraph. 
‘‘(B) COLLECTION AND DEPOSIT OF FEES.— 
The Administrator shall collect the fees described in 
paragraph (1) and deposit those fees in the Fund. 
‘‘(C) 
CREDITING
AND
AVAILABILITY
OF 
FEES.—On request by the Administrator, the Sec-
retary of the Treasury shall transfer from the Fund 
to the Administrator amounts appropriated to pay
or recover the full costs incurred by the Environ-
mental Protection Agency, including contractor 
costs, in carrying out the provisions of this title for 
which the fees are collected under paragraph (1). 
‘‘(D) USE
OF
FUNDS
BY
ADMINISTRATOR.— 
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 limi-
tation for use only in administering the provisions of 
this title for which the fees are collected. 
‘‘(E) ACCOUNTING AND AUDITING.— 
‘‘(i) 
ACCOUNTING.—The 
Administrator 
shall biennially prepare and submit to the Com-
mittee on Environment and Public Works of the 
Senate and the Committee on Energy and Com-
merce of the House of Representatives a report 
that includes an accounting of the fees paid to 
the Administrator under this paragraph and 
amounts disbursed from the Fund for the pe-
riod covered by the report, as reflected by fi-
nancial statements provided in accordance with 
sections 3515 and 3521 of title 31, United 
States Code. 
‘‘(ii) AUDITING.—
‘‘(I) IN GENERAL.—For the purpose 
of section 3515(c) of title 31, United 
States Code, the Fund shall be considered 
a component of a covered executive agency. 
‘‘(II) COMPONENTS OF AUDIT.—The 
annual audit required in accordance with 
sections 3515 and 3521 of title 31, United 
States Code, of the financial statements of 
activities carried out using amounts from 
the Fund shall include an analysis of— 
‘‘(aa) the fees collected and 
amounts disbursed under this sub-
section; 
‘‘(bb) the reasonableness of the 
fees in place as of the date of the 
audit to meet current and projected 
costs of administering the provisions 
of the title for which the fees are col-
lected; and 
‘‘(cc) the number of requests for 
a risk evaluation made by manufac-
turers under section 6(b)(3)(A)(ii). 
‘‘(III) FEDERAL
RESPONSIBILITY.— 
The Inspector General of the Environ-
mental Protection Agency shall conduct
the annual audit described in subclause 
(II) and submit to the Administrator a re-
port that describes the findings and any 
recommendations of the Inspector General 
resulting from the audit.’’; and 
(3) by adding at the end the following: 
‘‘(h) SCIENTIFIC STANDARDS.—In carrying out sec-
tions 4, 5, and 6, to the extent that the Administrator 
makes a decision based on science, the Administrator shall 
consider, as applicable— 
‘‘(1) the extent to which the scientific and tech-
nical procedures, measures, methods, or models em-
ployed to generate the information are reasonable 
for and consistent with the use of the information; 
‘‘(2) the extent to which the information is rel-
evant for the Administrator’s use in making a deci-
sion about a chemical substance or mixture; 
‘‘(3) the degree of clarity and completeness with 
which the data, assumptions, methods, quality assur-
ance, and analyses employed to generate the infor-
mation are documented; 
‘‘(4) the extent to which the variability and un-
certainty in the information, or in the procedures, 
measures, methods, or models, are evaluated and 
characterized; and
‘‘(5) the extent of independent verification or 
peer review of the information or of the procedures, 
measures, methods, or models. 
‘‘(i) WEIGHT OF SCIENTIFIC EVIDENCE.—The Ad-
ministrator shall make decisions under sections 4, 5, and 
6 based on the weight of the scientific evidence. 
‘‘(j) AVAILABILITY
OF INFORMATION.—Subject to 
section 14, the Administrator shall make available to the 
public all notices, determinations, findings, rules, and or-
ders of the Administrator under this title. 
‘‘(k) POLICIES, PROCEDURES, AND GUIDANCE.— 
‘‘(1) DEVELOPMENT.—Not later than 2 years 
after the date of enactment of the TSCA Moderniza-
tion Act of 2015, the Administrator shall develop 
any policies, procedures, and guidance the Adminis-
trator determines are necessary to carry out the 
amendments to this Act made by the TSCA Mod-
ernization Act of 2015. 
‘‘(2) REVIEW.—Not later than 5 years after the 
date of enactment of the TSCA Modernization Act 
of 2015, and not less frequently than once every 5 
years thereafter, the Administrator shall— 
‘‘(A) review the adequacy of the policies, 
procedures, and guidance developed under para-
graph (1), including with respect to animal,
nonanimal, and epidemiological test methods 
and procedures for assessing and determining 
risk under this title; and 
‘‘(B) revise such policies, procedures, and 
guidance as the Administrator determines nec-
essary to reflect new scientific developments or 
understandings. 
‘‘(l) REPORT TO CONGRESS.— 
‘‘(1) INITIAL
REPORT.—Not later than 6 
months after the date of enactment of the TSCA 
Modernization Act of 2015, the Administrator shall 
submit to the Committees on Energy and Commerce 
and Appropriations of the House of Representatives 
and the Committees on Environment and Public 
Works and Appropriations of the Senate a report 
containing an estimation of— 
‘‘(A) the capacity of the Environmental 
Protection Agency to conduct and publish risk 
evaluations under subparagraphs (A)(i) and (B) 
of section 6(b)(3), and the resources necessary 
to initiate the minimum number of risk evalua-
tions required under section 6(b)(7); 
‘‘(B) the capacity of the Environmental 
Protection Agency to conduct and publish risk 
evaluations under section 6(b)(3)(A)(ii), the
likely demand for such risk evaluations, and the 
anticipated schedule for accommodating that 
demand; 
‘‘(C) the capacity of the Environmental 
Protection Agency to promulgate rules under 
section 6(a) as required based on risk evalua-
tions conducted and published under section 
6(b); and 
‘‘(D) the actual and anticipated efforts of 
the Environmental Protection Agency to in-
crease the Agency’s capacity to conduct and 
publish risk evaluations under section 6(b). 
‘‘(2) SUBSEQUENT
REPORTS.—The Adminis-
trator shall update and resubmit the report de-
scribed in paragraph (1) not less frequently than 
once every 5 years.’’. 
SEC. 9. CONFORMING AMENDMENTS. 
(a) SECTION 4.—Section 4 of the Toxic Substances 
Control Act (15 U.S.C. 2603) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1), by striking ‘‘rule’’ 
each place it appears and inserting ‘‘rule, order, 
or consent agreement’’;
(B) in paragraph (2)(B), by striking 
‘‘rules’’ and inserting ‘‘rules, orders, and con-
sent agreements’’; 
(C) in paragraph (3), by striking ‘‘rule’’ 
each place it appears and inserting ‘‘rule, order, 
or consent agreement’’; and 
(D) in paragraph (4)— 
(i) by striking ‘‘rule under subsection 
(a)’’ each place it appears and inserting 
‘‘rule, order, or consent agreement under 
subsection (a)’’; 
(ii) by striking ‘‘repeals the rule’’ each 
place it appears and inserting ‘‘repeals the 
rule or order or modifies the consent 
agreement to terminate the requirement’’; 
and 
(iii) by striking ‘‘repeals the applica-
tion of the rule’’ and inserting ‘‘repeals or 
modifies the application of the rule, order, 
or consent agreement’’; 
(2) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘rule’’ 
and inserting ‘‘rule or order’’; 
(B) in paragraph (2)—
(i) in subparagraph (A), by striking 
‘‘a rule under subsection (a) or for which 
data is being developed pursuant to such a 
rule’’ and inserting ‘‘a rule, order, or con-
sent agreement under subsection (a) or for 
which data are being developed pursuant 
to such a rule, order, or consent agree-
ment’’; 
(ii) in subparagraph (B), by striking 
‘‘such rule or which is being developed pur-
suant to such rule’’ and inserting ‘‘such 
rule, order, or consent agreement or which 
is being developed pursuant to such rule, 
order, or consent agreement’’; and 
(iii) in the matter following subpara-
graph (B), by striking ‘‘the rule’’ and in-
serting ‘‘the rule or order’’; 
(C) in paragraph (3)(B)(i), by striking 
‘‘rule promulgated’’ and inserting ‘‘rule, order, 
or consent agreement’’; and 
(D) in paragraph (4)— 
(i) by striking ‘‘rule promulgated’’ 
each place it appears and inserting ‘‘rule, 
order, or consent agreement’’;
(ii) by striking ‘‘such rule’’ each place 
it appears and inserting ‘‘such rule, order, 
or consent agreement’’; and 
(iii) in subparagraph (B), by striking 
‘‘the rule’’ and inserting ‘‘the rule, order, 
or consent agreement’’; 
(3) in subsection (d), by striking ‘‘rule’’ and in-
serting ‘‘rule, order, or consent agreement’’; and 
(4) in subsection (g), by striking ‘‘rule’’ and in-
serting ‘‘rule, order, or consent agreement’’. 
(b) SECTION 5.—Section 5 of the Toxic Substances 
Control Act (15 U.S.C. 2604) is amended— 
(1) in subsection (b)— 
(A) in paragraph (1)(A)— 
(i) by striking ‘‘rule promulgated’’ 
and inserting ‘‘rule, order, or consent 
agreement’’; and 
(ii) by striking ‘‘such rule’’ and insert-
ing ‘‘such rule, order, or consent agree-
ment’’; 
(B) in paragraph (1)(B)— 
(i) by striking ‘‘rule promulgated’’ 
and inserting ‘‘rule or order’’; and 
(ii) by striking ‘‘the date of the sub-
mission in accordance with such rule’’ and
inserting ‘‘the required date of submis-
sion’’; and 
(C) in paragraph (2)(A)(ii), by striking 
‘‘rule promulgated’’ and inserting ‘‘rule, order, 
or consent agreement’’; 
(2) in subsection (d)(2)(C), by striking ‘‘rule’’ 
and inserting ‘‘rule, order, or consent agreement’’; 
and 
(3) in subsection (h)(4), by striking ‘‘para-
graphs (2) and (3) of section 6(c)’’ and inserting 
‘‘paragraph (2) of section 6(c)’’. 
(c) SECTION 6.—Section 6 of the Toxic Substances 
Control Act (15 U.S.C. 2605) is amended— 
(1) in subsection (d)(2)(B)— 
(A) by striking ‘‘, provide reasonable op-
portunity, in accordance with paragraphs (2) 
and (3) of subsection (c), for a hearing on such 
rule,’’ and inserting ‘‘in accordance with para-
graph (2) of subsection (c),’’; and 
(B) by striking ‘‘; and if such a hearing is 
requested’’ and all that follows through ‘‘or re-
voke it.’’ and inserting a period; and 
(2) in subsection (e)(4), by striking ‘‘para-
graphs (2), (3), and (4) of subsection (c)’’ and in-
serting ‘‘paragraph (2) of subsection (c)’’.
(d) SECTION 7.—Section 7(a)(1) of the Toxic Sub-
stances Control Act (15 U.S.C. 2606(a)(1)) is amended, 
in the matter following subparagraph (C), by striking ‘‘a 
rule under section 4, 5, 6, or title IV or an order under 
section 5 or title IV’’ and inserting ‘‘a rule under section 
4, 5, or 6 or title IV, an order under section 4 or 5 or 
title IV, or a consent agreement under section 4’’. 
(e) SECTION 8.—Section 8(a)(3)(A)(ii)(I) of the 
Toxic 
Substances 
Control 
Act 
(15 
U.S.C. 
2607(a)(3)(A)(ii)(I)) is amended by striking ‘‘or an order 
in effect under section 5(e)’’ and inserting ‘‘, an order in 
effect under section 4 or 5(e), or a consent agreement 
under section 4’’. 
(f) SECTION 9.—Section 9(a) of the Toxic Substances 
Control Act (15 U.S.C. 2608(a)) is amended by striking 
‘‘section 6’’ each place it appears and inserting ‘‘section 
6(a)’’. 
(g) SECTION 11.—Section 11(b)(2)(E) of the Toxic 
Substances Control Act (15 U.S.C. 2610(b)(2)(E)) is 
amended by striking ‘‘rule promulgated’’ and inserting 
‘‘rule promulgated, order issued, or consent agreement en-
tered into’’. 
(h) SECTION 15.—Section 15(1) of the Toxic Sub-
stances Control Act (15 U.S.C. 2614(1)) is amended by 
striking ‘‘(A) any rule’’ and all that follows through ‘‘or
(D)’’ and inserting ‘‘any requirement of this title or any 
rule promulgated, order issued, or consent agreement en-
tered into under this title, or’’. 
(i) SECTION 18.—Section 18(a)(2)(A) of the Toxic 
Substances Control Act (15 U.S.C. 2617(a)(2)(A)) is 
amended— 
(1) by striking ‘‘rule promulgated’’ and insert-
ing ‘‘rule, order, or consent agreement’’; and 
(2) by striking ‘‘such rule’’ each place it ap-
pears and inserting ‘‘such rule, order, or consent 
agreement’’. 
(j) SECTION 19.—Section 19 of the Toxic Substances 
Control Act (15 U.S.C. 2618) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)(A)— 
(i) by striking ‘‘(A) Not later than 60 
days after the date of the promulgation of 
a rule’’ and inserting ‘‘Not later than 60 
days after the date on which a rule is pro-
mulgated’’; 
(ii) by inserting ‘‘or the date on which 
an order is issued under section 4,’’ before 
‘‘any person’’; 
(iii) by striking ‘‘such rule’’ and in-
serting ‘‘such rule or order’’; and
(iv) by striking ‘‘such a rule’’ and in-
serting ‘‘such a rule or order’’; 
(B) by striking paragraph (1)(B); 
(C) in paragraph (2), by striking ‘‘the 
rule’’ and inserting ‘‘the rule or order’’; and 
(D) in paragraph (3)— 
(i) in subparagraph (A), by striking 
‘‘the rule’’ and inserting ‘‘the rule or 
order’’; 
(ii) in subparagraph (B), by striking 
‘‘a rule under section 4(a)’’ and inserting 
‘‘a rule or order under section 4(a)’’; 
(iii) in subparagraph (C), by striking 
‘‘such rule’’ and inserting ‘‘such rule or 
order’’; 
(iv) in subparagraph (D), by striking 
‘‘such rule’’ and inserting ‘‘such rule or 
order’’; and 
(v) in subparagraph (E)— 
(I) by striking ‘‘to such rule’’ and 
inserting ‘‘to such rule or order’’; and 
(II) by striking ‘‘the date of the 
promulgation of such rule’’ and in-
serting ‘‘the date on which such rule
is promulgated or such order is 
issued’’; 
(2) in subsection (b)— 
(A) by striking ‘‘review a rule’’ and insert-
ing ‘‘review a rule, or an order under section 
4,’’; 
(B) by striking ‘‘such rule’’ and inserting 
‘‘such rule or order’’; 
(C) by striking ‘‘the rule’’ and inserting 
‘‘the rule or order’’; 
(D) by striking ‘‘new rule’’ each place it 
appears and inserting ‘‘new rule or order’’; and 
(E) by striking ‘‘modified rule’’ and insert-
ing ‘‘modified rule or order’’; and 
(3) in subsection (c)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘a rule’’ and in-
serting ‘‘a rule, or an order under sec-
tion 4’’; and 
(II) by striking ‘‘such rule’’ and 
inserting ‘‘such rule or order’’; and 
(ii) in subparagraph (B)—
(I) in the matter preceding clause 
(i), by striking ‘‘a rule’’ and inserting 
‘‘a rule or order’’; 
(II) in clause (i)— 
(aa) by inserting ‘‘or an 
order under section 4,’’ before 
‘‘the standard for review’’; 
(bb) by striking ‘‘such rule’’ 
and inserting ‘‘such rule or 
order’’; 
(cc) by striking ‘‘the rule’’ 
and inserting ‘‘the rule or order’’; 
and 
(dd) by striking the semi-
colon and inserting ‘‘; and’’; and 
(III) by striking clause (ii) and 
redesignating clause (iii) as clause 
(ii); and 
(B) in paragraph (2), by striking ‘‘any 
rule’’ and inserting ‘‘any rule or order’’. 
(k) SECTION 20.—Section 20(a)(1) of the Toxic Sub-
stances Control Act (15 U.S.C. 2619(a)(1)) is amended 
by striking ‘‘order issued under section 5’’ and inserting 
‘‘order issued under section 4 or 5’’.