I 
108TH CONGRESS 
2D SESSION 
H. R. 4076
To prohibit the manufacture, processing, or distribution in commerce of 
pentabrominated diphenyl ethers and octabrominated diphenyl ethers, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 30, 2004
Ms. SOLIS (for herself, Ms. DEGETTE, and Ms. WOOLSEY) introduced the 
following bill; which was referred to the Committee on Energy and Commerce 
A BILL 
To prohibit the manufacture, processing, or distribution in 
commerce of pentabrominated diphenyl ethers and 
octabrominated diphenyl ethers, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Toxic Flame Retardant 
Prohibition Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Chemicals known as brominated flame 
retardants are widely used throughout the United
States. To meet stringent fire standards, manufac-
turers add brominated flame retardants to a mul-
titude of products, including plastics used in tele-
visions, and foam and textiles used in furniture. 
(2) While flame retardants make a valuable 
contribution to fire safety, it is imperative to under-
stand the potential effects on human health and the 
environment that their use brings. 
(3) 
Initial 
studies 
indicate 
that 
pentabrominated 
diphenyl 
ethers 
and 
octabrominated diphenyl ethers, which are subcat-
egories of brominated flame retardants, disrupt thy-
roid hormone balance and contribute to a variety of 
developmental deficits, including low intelligence and 
learning disabilities in laboratory animals. 
(4) In particular, it is recognized that there is 
a high level of public concern over scientific findings 
of certain polybrominated diphenyl ethers in the en-
vironment and in human breast milk. Certain 
polybrominated diphenyl ethers have increased 40-
fold in human breast milk since the 1970s. Chemi-
cals found in breast milk are somewhat reflective of 
the chemicals found throughout the body of those 
tested, including in a fetus.
(5) The American Academy of Pediatrics 
strongly recommends breastfeeding despite potential 
exposure to toxic chemicals, as breast milk helps 
protect infants against certain diseases and infec-
tions. In addition, several studies point to the im-
provement of cognitive development in children who 
breastfeed. 
(6) The State of California and several coun-
tries 
have 
phased 
out 
products 
containing 
pentabrominated 
diphenyl 
ethers 
and 
octabrominated diphenyl ethers in order to protect 
human health and the environment. 
(7) To improve the end-of-life management of 
articles made with polybrominated diphenyl ethers, a 
tracking and labeling system should be incorporated 
in the manufacturing, processing, and distribution of 
products 
containing 
pentabrominated 
diphenyl 
ethers, 
octabrominated 
diphenyl 
ethers, 
or 
decabrominated diphenyl ethers. 
SEC. 3. PROHIBITION. 
(a) AMENDMENT.—Section 15 of the Toxic Sub-
stances Control Act (15 U.S.C. 2614) is amended—
(1) by striking ‘‘or’’ at the end of paragraph 
(3);
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; or’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) manufacture, process, or distribute in com-
merce a product, or a flame-retarded part of a prod-
uct, 
containing 
more 
than 
percent 
of 
pentabrominated diphenyl ethers or octabrominated 
diphenyl ethers by mass.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
subsection (a) shall take effect 2 years after the date of 
enactment of this Act. 
SEC. 4. REGULATION. 
Section 6 of the Toxic Substances Control Act (15 
U.S.C. 2605) is amended by adding at the end the fol-
lowing new subsection: 
‘‘(f) POLYBROMINATED DIPHENYL ETHERS.—
‘‘(1) DETERMINATION AND IDENTIFICATION OF 
PRECURSORS.—The Administrator shall determine 
whether 
pentabrominated 
diphenyl 
ethers 
or 
octabrominated diphenyl ethers are formed in the 
environment as a result of chemical degradation of 
any other material, and shall identify any such pre-
cursors that are found to exist.
‘‘(2) PHASE OUT.—If the Administrator identi-
fies any precursor under paragraph (1), the Admin-
istrator shall take appropriate actions under this 
section or section 5 to ensure that products and 
processes that introduce such precursor into the en-
vironment are phased out within 3 years after the 
date of enactment of this subsection, unless the Ad-
ministrator finds that to do so would endanger 
human health and the environment. 
‘‘(3) LABELING REQUIREMENT.—Not later than 
1 year after the date of enactment of this sub-
section, the Administrator shall issue regulations re-
quiring any product containing pentabrominated di-
phenyl ethers, octabrominated diphenyl ethers, or 
decabrominated diphenyl ethers, that is manufac-
tured 18 months or more after the date of enact-
ment of this subsection to bear a label that meets—
‘‘(A) the requirements of standard ISO 
11469, subsection 1043–4, established by the 
International Organization for Standardization, 
as in effect on the date of enactment of this 
subsection, 
including 
subsequent 
revisions 
thereto that have been certified by the Adminis-
trator; or