In the Senate of the United States, 
December 17, 2015. 
Resolved, That the bill from the House of Representa-
tives (H.R. 2576) entitled ‘‘An Act to modernize the Toxic 
Substances Control Act, and for other purposes.’’, do pass 
with the following 
AMENDMENT: 
Strike all after the enacting clause and insert the 
following: 
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’’;
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(2) in paragraph (1) (as so redesignated), by in-
serting ‘‘, as provided under this Act’’ before the pe-
riod at the end; and 
(3) by adding at the end the following: 
‘‘(2) REFORM.—This Act, including reforms in 
accordance with the amendments made by the Frank 
R. Lautenberg Chemical Safety for the 21st Century 
Act— 
‘‘(A) shall be administered in a manner 
that— 
‘‘(i) protects the health of children, 
pregnant women, the elderly, workers, con-
sumers, the general public, and the environ-
ment from the risks of harmful exposures to 
chemical substances and mixtures; and 
‘‘(ii) ensures that appropriate informa-
tion 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—
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(1) by redesignating paragraphs (4), (5), (6), 
(7), (8), (9), (10), (11), (12), (13), and (14) as para-
graphs (5), (6), (7), (8), (9), (10), (12), (13), (17), 
(18), and (19), respectively; 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) CONDITIONS OF USE.—The term ‘conditions 
of use’ means the intended, known, or reasonably fore-
seeable circumstances the Administrator determines a 
chemical substance is manufactured, processed, dis-
tributed in commerce, used, or disposed of.’’; 
(3) by inserting after paragraph (10) (as so re-
designated) the following: 
‘‘(11) POTENTIALLY EXPOSED OR SUSCEPTIBLE 
POPULATION.—The term ‘potentially exposed or sus-
ceptible population’ means 1 or more groups— 
‘‘(A) of individuals within the general pop-
ulation 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 Adminis-
trator may include such groups as infants, chil-
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dren, pregnant women, workers, and the elder-
ly.’’; and 
(4) by inserting after paragraph (13) (as so re-
designated) 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, in-
tegrating hazard, use, and exposure information re-
garding the chemical substance. 
‘‘(15) SAFETY DETERMINATION.—The term ‘safe-
ty determination’ means a determination by the Ad-
ministrator 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 fac-
tors, that no unreasonable risk of injury to health or 
the environment will result from exposure to a chem-
ical substance under the conditions of use, including 
no unreasonable risk of injury to— 
‘‘(A) the general population; or 
‘‘(B) any potentially exposed or susceptible 
population that the Administrator has identified 
as relevant to the safety assessment and safety 
determination for a chemical substance.’’.
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SEC. 4. POLICIES, PROCEDURES, AND GUIDANCE. 
The Toxic Substances Control Act is amended by in-
serting 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 com-
ment, any policies, procedures, and guidance the Adminis-
trator determines to be necessary to carry out sections 4, 
4A, 5, and 6, including the policies, procedures, and guid-
ance required by this section. 
‘‘(c) USE OF SCIENCE.— 
‘‘(1) IN GENERAL.—The Administrator shall es-
tablish policies, procedures, and guidance on the use 
of science in making decisions under sections 4, 4A, 
5, and 6. 
‘‘(2) GOAL.—A goal of the policies, procedures, 
and guidance described in paragraph (1) shall be to 
make the basis of decisions clear to the public. 
‘‘(3) REQUIREMENTS.—The policies, procedures, 
and guidance issued under this section shall ensure 
that—
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‘‘(A) decisions made by the Adminis-
trator— 
‘‘(i) are based on information, proce-
dures, measures, methods, and models em-
ployed 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 Adminis-
trator considers all information in a sys-
tematic and integrative framework to con-
sider the relevance of different information; 
‘‘(B) to the extent practicable and if appro-
priate, the use of peer review, standardized test 
design and methods, consistent data evaluation
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procedures, and good laboratory practices will be 
encouraged; 
‘‘(C) a clear description of each individual 
and entity that funded the generation or assess-
ment of information, and the degree of control 
those individuals and entities had over the gen-
eration, assessment, and dissemination of infor-
mation (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 haz-
ards, exposures, and risks of chemical substances 
are considered. 
‘‘(d) EXISTING EPA POLICIES, PROCEDURES, AND 
GUIDANCE.—The policies, procedures, and guidance de-
scribed in subsection (b) shall incorporate existing relevant 
policies, procedures, and guidance, as appropriate and con-
sistent with this Act. 
‘‘(e) REVIEW.—Not later than 5 years after the date 
of enactment of the Frank R. Lautenberg Chemical Safety 
for the 21st Century Act, and not less frequently than once 
every 5 years thereafter, the Administrator shall—
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‘‘(1) review the adequacy of any policies, proce-
dures, and guidance developed under this section, in-
cluding animal, nonanimal, and epidemiological test 
methods and procedures for assessing and deter-
mining risk under this Act; and 
‘‘(2) after providing public notice and an oppor-
tunity for comment, revise the policies, procedures, 
and guidance if necessary to reflect new scientific de-
velopments or understandings. 
‘‘(f) SOURCES OF INFORMATION.—In carrying out sec-
tions 4, 4A, 5, and 6, the Administrator shall take into con-
sideration information relating to a chemical substance, in-
cluding hazard and exposure information, under the condi-
tions of use that is reasonably available to the Adminis-
trator, including information that is— 
‘‘(1) submitted to the Administrator pursuant to 
any rule, consent agreement, order, or other require-
ment of this Act, or on a voluntary basis, including 
pursuant to any request made under this Act, by— 
‘‘(A) manufacturers or processors of a sub-
stance; 
‘‘(B) the public; 
‘‘(C) other Federal departments or agencies; 
or
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‘‘(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 environ-
ment; or 
‘‘(3) identified through an active search by the 
Administrator of information sources that are pub-
licly available or otherwise accessible by the Adminis-
trator. 
‘‘(g) TESTING OF CHEMICAL SUBSTANCES AND MIX-
TURES.— 
‘‘(1) IN GENERAL.—The Administrator shall es-
tablish policies, procedures, and guidance for the test-
ing of chemical substances or mixtures under section 
4. 
‘‘(2) GOAL.—A goal of the policies, procedures, 
and guidance established under paragraph (1) shall 
be to make the basis of decisions clear to the public. 
‘‘(3) CONTENTS.—The policies, procedures, and 
guidance established under paragraph (1) shall— 
‘‘(A) address how and when the exposure 
level or exposure potential of a chemical sub-
stance would factor into decisions to require new
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testing, subject to the condition that the Admin-
istrator shall not interpret the lack of exposure 
information as a lack of exposure or exposure po-
tential; and 
‘‘(B) describe the manner in which the Ad-
ministrator will determine that additional infor-
mation is necessary to carry out this Act, includ-
ing information relating to potentially exposed 
or susceptible populations. 
‘‘(4) EPIDEMIOLOGICAL
STUDIES.—Before pre-
scribing epidemiological studies of employees, the Ad-
ministrator shall consult with the Director of the Na-
tional Institute for Occupational Safety and Health. 
‘‘(h) SAFETY ASSESSMENTS AND SAFETY DETERMINA-
TIONS.— 
‘‘(1) SCHEDULE.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall inform the public regarding the schedule 
and the resources necessary 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 Adminis-
trator may allot different times for different 
chemical substances in the schedules under this
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paragraph, subject to the condition that all 
schedules shall comply with the deadlines estab-
lished under section 6. 
‘‘(C) ANNUAL PLAN.— 
‘‘(i) IN GENERAL.—At the beginning of 
each calendar year, the Administrator shall 
publish an annual plan. 
‘‘(ii) INCLUSIONS.—The annual plan 
shall— 
‘‘(I) identify the substances subject 
to safety assessments and safety deter-
minations to be completed that year; 
‘‘(II) describe the status of each 
safety assessment and safety deter-
mination that has been initiated but 
not yet completed, including milestones 
achieved since the previous annual re-
port; and 
‘‘(III) if the schedule for comple-
tion of a safety assessment and safety 
determination prepared pursuant to 
subparagraph (A) has changed, include 
an updated schedule for that safety as-
sessment and safety determination.
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‘‘(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 Adminis-
trator shall carry out section 6. 
‘‘(B) GOAL.—A goal of the policies and pro-
cedures under this paragraph shall be to make 
the basis of decisions of the Administrator clear 
to the public. 
‘‘(C) MINIMUM REQUIREMENTS.—The poli-
cies and procedures under this paragraph shall, 
at a minimum— 
‘‘(i) describe— 
‘‘(I) the manner in which the Ad-
ministrator 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 infor-
mation submitted by interested indi-
viduals or entities will be evaluated;
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‘‘(ii) require that each draft and final 
safety assessment and safety determination 
of the Administrator include a description 
of— 
‘‘(I)(aa) the scope of the safety as-
sessment and safety determination to 
be conducted under section 6, including 
the hazards, exposures, and conditions 
of use of the chemical substance, and 
potentially exposed and susceptible 
populations that the Administrator has 
identified as relevant; and 
‘‘(bb) the basis for the scope of the 
safety assessment and safety deter-
mination; 
‘‘(II) the manner in which aggre-
gate exposures, or significant subsets of 
exposures, to a chemical substance 
under the conditions of use were con-
sidered, and the basis for that consider-
ation; 
‘‘(III) the weight of the scientific 
evidence of risk; and 
‘‘(IV) the information regarding 
the impact on health and the environ-
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ment of the chemical substance that 
was used to make the assessment or de-
termination, including, as available, 
mechanistic, animal toxicity, and epi-
demiology studies; 
‘‘(iii) establish a timely and trans-
parent 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 determina-
tion; and 
‘‘(iv) when relevant information is pro-
vided or otherwise made available to the 
Administrator, require the Administrator to 
consider the extent of Federal regulation 
under other Federal laws. 
‘‘(D) GUIDANCE.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of enactment of the 
Frank R. Lautenberg Chemical Safety for 
the 21st Century Act, the Administrator 
shall develop guidance to assist interested 
persons in developing their own draft safety 
assessments and other information for sub-
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mission to the Administrator, which may be 
considered by the Administrator. 
‘‘(ii) REQUIREMENT.—The guidance 
shall, at a minimum, address the quality of 
the information submitted and the process 
to be followed in developing a draft safety 
assessment for consideration by the Admin-
istrator. 
‘‘(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 assess-
ment 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 Ad-
ministrator 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.
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‘‘(j) CONSULTATION WITH SCIENCE ADVISORY COM-
MITTEE ON CHEMICALS.— 
‘‘(1) ESTABLISHMENT.—Not later than 1 year 
after the date of enactment of this section, the Admin-
istrator shall establish an advisory committee, to be 
known as the ‘Science Advisory Committee on Chemi-
cals’ (referred to in this subsection as the ‘Com-
mittee’). 
‘‘(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, govern-
ment, labor, public health, public interest, animal 
protection, industry, and other groups as the Admin-
istrator 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 con-
vene the Committee in accordance with such schedule
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as the Administrator determines to be appropriate, 
but not less frequently than once every 2 years. 
‘‘(5) RELATIONSHIP TO OTHER LAW.—All pro-
ceedings and meetings of the Committee shall be sub-
ject 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), (e), 
and (g); 
(2) in subsection (f)— 
(A) in the first sentence— 
(i) by striking ‘‘from cancer, gene 
mutations, or birth defects’’; and 
(ii) by inserting ‘‘, without taking into 
account cost or other nonrisk factors’’ before 
the period at the end; and 
(B) by striking the last sentence; and 
(3) by inserting before subsection (f) the fol-
lowing: 
‘‘(a) DEVELOPMENT OF NEW INFORMATION ON CHEM-
ICAL SUBSTANCES AND MIXTURES.— 
‘‘(1) IN GENERAL.—The Administrator may re-
quire the development of new information relating to
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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 deter-
mination 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 au-
thority 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 re-
quire 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.
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‘‘(C) LIMITATION.—The Administrator may 
require the development of new information pur-
suant to subparagraph (A) only if the Adminis-
trator determines that additional information is 
necessary to establish the priority of a chemical 
substance. 
‘‘(3) FORM.—The Administrator may require the 
development of information described in paragraph 
(1) or (2) by— 
‘‘(A) promulgating a rule; 
‘‘(B) entering into a testing consent agree-
ment; 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 sub-
stance or mixture for which testing is re-
quired; 
‘‘(ii) identification of the persons re-
quired to conduct the testing; 
‘‘(iii) test protocols and methodologies 
for the development of information for the 
chemical substance or mixture, including
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specific reference to any reliable nonanimal 
test procedures; and 
‘‘(iv) specification of the period within 
which individuals and entities required to 
conduct the testing shall submit to the Ad-
ministrator 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 re-
quired; 
‘‘(ii) the reasonably foreseeable avail-
ability of facilities and personnel required 
to perform the testing; and 
‘‘(iii) the deadlines applicable to the 
Administrator under section 6(a). 
‘‘(5) CONSIDERATION OF FEDERAL AGENCY REC-
OMMENDATIONS.—The Administrator shall consider 
the recommendations of other Federal agencies regard-
ing the chemical substances and mixtures to which the
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‘‘(B) CONTENTS.—A statement described in 
subparagraph (A) shall contain a description 
of— 
‘‘(i) information that is readily acces-
sible to the Administrator, including infor-
mation submitted under any other provi-
sion of law; 
‘‘(ii) the extent to which the Adminis-
trator has obtained or attempted to obtain 
the information through voluntary submis-
sions; and 
‘‘(iii) any information relied on in 
safety assessments for other chemical sub-
stances 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) prior to making a request or adopting 
a requirement for testing using vertebrate ani-
mals, taking into consideration, as appropriate 
and to the extent practicable, reasonably avail-
able—
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‘‘(i) toxicity information; 
‘‘(ii) computational toxicology and 
bioinformatics; 
‘‘(iii) high-throughput screening meth-
ods and the prediction models of those meth-
ods; and 
‘‘(iv) scientifically reliable and rel-
evant alternatives to tests on animals that 
would provide equivalent information; 
‘‘(B) 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 chem-
ical substances into scientifically appro-
priate categories in cases in which testing of 
a chemical substance would provide reliable 
and useful information on other chemical 
substances in the category;
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‘‘(v) the formation of industry con-
sortia 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 mod-
els; and 
‘‘(C) funding research and validation stud-
ies to reduce, refine, and replace the use of ani-
mal tests in accordance with this subsection. 
‘‘(2) IMPLEMENTATION OF ALTERNATIVE TESTING 
METHODS.—To promote the development and timely 
incorporation of new testing methods that are not 
based on vertebrate animals, the Administrator 
shall— 
‘‘(A) not later than 2 years after the date 
of enactment of the Frank R. Lautenberg Chem-
ical Safety for the 21st Century Act, develop a 
strategic plan to promote the development and 
implementation of alternative test methods and 
testing strategies to generate information under 
this title that can reduce, refine, or replace the 
use of vertebrate animals, including toxicity 
pathway-based risk assessment, in vitro studies,
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systems 
biology, 
computational 
toxicology, 
bioinformatics, and high-throughput screening; 
‘‘(B) as practicable, ensure that the stra-
tegic plan developed under subparagraph (A) is 
reflected in the development of requirements for 
testing under this section; 
‘‘(C) identify in the strategic plan developed 
under subparagraph (A) particular alternative 
test methods or testing strategies that do not re-
quire new vertebrate animal testing and are sci-
entifically reliable, relevant, and capable of pro-
viding information of equivalent scientific reli-
ability and quality to that which would be ob-
tained from vertebrate animal testing; 
‘‘(D) provide an opportunity for public no-
tice and comment on the contents of the plan de-
veloped under subparagraph (A), including the 
criteria for considering scientific reliability, rel-
evance, and equivalent information and the test 
methods and strategies identified in subpara-
graph (C); 
‘‘(E) beginning on the date that is 5 years 
after the date of enactment of the Frank R. Lau-
tenberg Chemical Safety for the 21st Century Act 
and every 5 years thereafter, submit to Congress
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a report that describes the progress made in im-
plementing this subsection and goals for future 
alternative test methods implementation; 
‘‘(F) fund and carry out research, develop-
ment, performance assessment, and translational 
studies to accelerate the development of test meth-
ods and testing strategies that reduce, refine, or 
replace the use of vertebrate animals in any test-
ing under this title; and 
‘‘(G) identify synergies with the related in-
formation requirements of other jurisdictions to 
minimize the potential for additional or duplica-
tive testing. 
‘‘(3) CRITERIA FOR ADAPTING OR WAIVING ANI-
MAL 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 Adminis-
trator may adapt or waive the requirement, if the Ad-
ministrator 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
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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 can-
not be tested in vertebrate animals at concentra-
tions that do not result in significant pain or 
distress, because of physical or chemical prop-
erties of the chemical substance or mixture, such 
as a potential to cause severe corrosion or severe 
irritation to the tissues of the animal. 
‘‘(4) VOLUNTARY TESTING.— 
‘‘(A) IN GENERAL.—Any person developing 
information for submission under this title on a 
voluntary basis and not pursuant to any request 
or requirement by the Administrator shall first 
attempt to develop the information by means of 
an alternative or nonanimal test method or test-
ing strategy that the Administrator has deter-
mined under paragraph (2)(C) to be scientif-
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ically reliable, relevant, and capable of providing 
equivalent information, before conducting new 
animal testing. 
‘‘(B) EFFECT OF PARAGRAPH.—Nothing in 
this paragraph— 
‘‘(i) requires the Administrator to re-
view the basis on which the person is con-
ducting testing described in subparagraph 
(A); 
‘‘(ii) prohibits the use of other test 
methods or testing strategies by any person 
for purposes other than developing informa-
tion for submission under this title on a 
voluntary basis; or 
‘‘(iii) prohibits the use of other test 
methods or testing strategies by any person, 
subsequent to the attempt to develop infor-
mation using the test methods and testing 
strategies identified by the Administrator 
under paragraph (2)(C). 
‘‘(d) TESTING REQUIREMENTS.— 
‘‘(1) IN GENERAL.—The Administrator may re-
quire the development of information by— 
‘‘(A) manufacturers and processors of the 
chemical substance or mixture; and
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‘‘(B) persons that begin to manufacture or 
process the chemical substance or mixture after 
the effective date of the rule, testing consent 
agreement, or order. 
‘‘(2) DESIGNATION.—The Administrator may 
permit 2 or more persons identified in subparagraph 
(A) or (B) of paragraph (1) to designate 1 of the per-
sons 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 sub-
ject to a rule, testing consent agreement, or order 
under this section may submit to the Adminis-
trator an application for an exemption on the 
basis that submission of information by the ap-
plicant on the chemical substance or mixture 
would be duplicative of— 
‘‘(i) information on the chemical sub-
stance or mixture that— 
‘‘(I) has been submitted to the Ad-
ministrator pursuant to a rule, consent 
agreement, or order under this section; 
or
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‘‘(II) is being developed by a per-
son designated under paragraph (2); or 
‘‘(ii) information on an equivalent 
chemical substance or mixture that— 
‘‘(I) has been submitted to the Ad-
ministrator pursuant to a rule, consent 
agreement, or order under this section; 
or 
‘‘(II) is being developed by a per-
son designated under paragraph (2). 
‘‘(B) FAIR
AND
EQUITABLE
REIMBURSE-
MENT TO DESIGNEE.— 
‘‘(i) IN
GENERAL.—If the Adminis-
trator accepts an application submitted 
under subparagraph (A), before the end of 
the reimbursement period described in 
clause (iii), the Administrator shall direct 
the applicant to provide to the person des-
ignated under paragraph (2) fair and equi-
table 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
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of fair and equitable reimbursement, the 
amount shall be determined by arbitration. 
‘‘(iii) REIMBURSEMENT PERIOD.—For 
the purposes of this subparagraph, the reim-
bursement period for any information for a 
chemical substance or mixture is a period— 
‘‘(I) beginning on the date the in-
formation is submitted in accordance 
with a rule, testing consent agreement, 
or order under this section; and 
‘‘(II) ending on the later of— 
‘‘(aa) 5 years after the date 
referred to in subclause (I); or 
‘‘(bb) the last day of the pe-
riod that begins on the date re-
ferred to in subclause (I) and that 
is equal to the period that the Ad-
ministrator determines was nec-
essary to develop the information. 
‘‘(C) TERMINATION.—If, after granting an 
exemption under this paragraph, the Adminis-
trator determines that no person designated 
under paragraph (2) has complied with the rule, 
testing consent agreement, or order, the Adminis-
trator shall—
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‘‘(i) by order, terminate the exemption; 
and 
‘‘(ii) notify in writing each person that 
received an exemption of the requirements 
with respect to which the exemption was 
granted. 
‘‘(4) TIERED TESTING.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (D), the Administrator shall em-
ploy 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—
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‘‘(I) to screen chemical substances 
or mixtures for potential adverse ef-
fects; and 
‘‘(II) to inform a decision of the 
Administrator regarding whether more 
complex or targeted additional testing 
is necessary. 
‘‘(C) ADDITIONAL TESTING.—If the Admin-
istrator 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 ad-
vanced testing, pursuant to guidance developed 
by the Administrator under this section. 
‘‘(e) TRANSPARENCY.—Subject to section 14, the Ad-
ministrator shall make available to the public all testing 
consent agreements and orders and all information sub-
mitted under this section.’’.
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(b) CONFORMING AMENDMENT.—Section 104(i)(5)(A) 
of the Comprehensive Environmental Response, Compensa-
tion, and Liability Act of 1980 (42 U.S.C. 9604(i)(5)(A)) 
is amended in the third sentence by inserting ‘‘(as in effect 
on the day before the date of enactment of the Frank R. 
Lautenberg Chemical Safety for the 21st Century Act)’’ 
after ‘‘Toxic Substances Control Act’’. 
SEC. 6. PRIORITIZATION SCREENING. 
The Toxic Substances Control Act is amended by in-
serting after section 4 (15 U.S.C. 2603) the following: 
‘‘SEC. 4A. PRIORITIZATION SCREENING. 
‘‘(a) PRIORITIZATION SCREENING PROCESS AND LIST 
OF SUBSTANCES.— 
‘‘(1) IN GENERAL.—Not later than 1 year after 
the date of enactment of this section, the Adminis-
trator shall establish, by rule, a risk-based screening 
process and criteria for identifying existing chemical 
substances that are— 
‘‘(A) a high priority for a safety assessment 
and safety determination under section 6 (re-
ferred to in this Act as ‘high-priority sub-
stances’); and 
‘‘(B) a low priority for a safety assessment 
and safety determination (referred to in this Act 
as ‘low-priority substances’).
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‘‘(2) INITIAL AND SUBSEQUENT LISTS OF HIGH- 
AND LOW-PRIORITY SUBSTANCES.— 
‘‘(A) IN GENERAL.—Before the date of pro-
mulgation of the rule under paragraph (1) and 
not later than 180 days after the date of enact-
ment of this section, the Administrator shall 
publish an initial list of high-priority substances 
and low-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-pri-
ority substances. 
‘‘(ii) SUBSEQUENTLY IDENTIFIED SUB-
STANCES.—Insofar as possible, at least 50 
percent of all substances subsequently iden-
tified by the Administrator as high-priority 
substances shall be drawn from the list of 
chemical substances identified by the Ad-
ministrator in the October 2014 TSCA 
Work Plan and subsequent updates, until
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all Work Plan chemicals have been des-
ignated under this subsection. 
‘‘(iii) PREFERENCES.— 
‘‘(I) IN GENERAL.—In developing 
the initial list and in identifying addi-
tional high-priority substances, the Ad-
ministrator shall give preference to— 
‘‘(aa) 
chemical 
substances 
that, with respect to persistence 
and bioaccumulation, score high 
for 1 and either high or moderate 
for the other, pursuant to the 
TSCA 
Work 
Plan 
Chemicals 
Methods Document published by 
the Administrator in February 
2012; and 
‘‘(bb) 
chemical 
substances 
listed in the October 2014 TSCA 
Work Plan and subsequent up-
dates that are known human car-
cinogens and have high acute and 
chronic toxicity. 
‘‘(II) METALS AND METAL COM-
POUNDS.—In prioritizing and assess-
ing metals and metal compounds, the
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Administrator shall use the Framework 
for Metals Risk Assessment of the Of-
fice of the Science Advisor, Risk Assess-
ment Forum, and dated March 2007 
(or a successor document), and may 
use other applicable information con-
sistent with the best available science. 
‘‘(C) ADDITIONAL
CHEMICAL
REVIEWS.— 
The Administrator shall, as soon as practicable 
and not later than— 
‘‘(i) 3 years after the date of enactment 
of the Frank R. Lautenberg Chemical Safe-
ty for the 21st Century Act, add additional 
high-priority substances sufficient to ensure 
that at least a total of 20 high-priority sub-
stances 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-pri-
ority substances have been designated; and 
‘‘(ii) 5 years after the date of enact-
ment of the Frank R. Lautenberg Chemical 
Safety for the 21st Century Act, add addi-
tional high-priority substances sufficient to 
ensure that at least a total of 25 high-pri-
† HR 2576 EAS 
ority substances have undergone or are un-
dergoing 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 des-
ignated. 
‘‘(3) IMPLEMENTATION.— 
‘‘(A) CONSIDERATION OF ACTIVE AND INAC-
TIVE SUBSTANCES.— 
‘‘(i) ACTIVE SUBSTANCES.—In imple-
menting the prioritization screening process 
established under paragraph (1), the Ad-
ministrator shall take into consideration ac-
tive substances, as determined under section 
8, which may include chemical substances 
on the interim list of active substances es-
tablished under that section. 
‘‘(ii) INACTIVE SUBSTANCES.—In im-
plementing 
the 
prioritization 
screening 
process established under paragraph (1), the 
Administrator may take into consideration 
inactive substances, as determined under 
section 8, that the Administrator deter-
mines—
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‘‘(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 com-
pletion of a safety determination under 
section 6 for a chemical substance, the 
Administrator shall remove the chem-
ical substance from the list of high-pri-
ority substances established under this 
subsection. 
‘‘(II) ADDITIONS.—The Adminis-
trator shall add at least 1 chemical
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substance to the list of high-priority 
substances for each chemical substance 
removed from the list of high-priority 
substances established under this sub-
section, until a safety assessment and 
safety determination is completed for 
all chemical substances not designated 
as high-priority. 
‘‘(B) 
TIMELY
COMPLETION
OF 
PRIORITIZATION SCREENING PROCESS.— 
‘‘(i) IN GENERAL.—The Administrator 
shall— 
‘‘(I) except as provided under 
paragraph (2), not later than 180 days 
after the effective date of the final rule 
under 
paragraph 
(1), 
begin 
the 
prioritization screening process; and 
‘‘(II) make every effort to complete 
the designation of all active substances 
as high-priority substances or low-pri-
ority substances in a timely manner. 
‘‘(ii) DECISIONS ON SUBSTANCES SUB-
JECT
TO
TESTING
FOR
PRIORITIZATION 
PURPOSES.—Not later than 90 days after 
the date of receipt of information regarding
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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 sub-
stance. 
‘‘(iii) CONSIDERATION.— 
‘‘(I) IN GENERAL.—The Adminis-
trator shall screen substances and des-
ignate high-priority substances con-
sistent with the ability of the Adminis-
trator to schedule and complete safety 
assessments and safety determinations 
under section 6 in accordance with the 
deadlines under subsection (a) of that 
section. 
‘‘(II) ANNUAL
GOAL.—The Ad-
ministrator shall publish an annual 
goal for the number of chemical sub-
stances 
to 
be 
subject 
to 
the 
prioritization screening process. 
‘‘(C) SCREENING OF CATEGORIES OF SUB-
STANCES.—The Administrator may screen cat-
egories of chemical substances to ensure an effi-
cient prioritization screening process to allow for
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timely and adequate designations of high-pri-
ority substances and low-priority substances and 
safety assessments and safety determinations for 
high-priority substances. 
‘‘(D) PUBLICATION OF LIST OF CHEMICAL 
SUBSTANCES.—The Administrator shall keep 
current and publish a list of chemical substances 
that includes and identifies substances— 
‘‘(i) that are being considered in the 
prioritization screening process and the sta-
tus of the substances in the prioritization 
process; 
‘‘(ii) for which prioritization decisions 
have been postponed pursuant to subsection 
(b)(5), including the basis for the postpone-
ment; and 
‘‘(iii) that are designated as high-pri-
ority substances or low-priority substances, 
including the bases for such designations. 
‘‘(4) CRITERIA.—The criteria described in para-
graph (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 chem-
† HR 2576 EAS 
ical substances appropriate for prioritization 
screening; 
‘‘(B) the hazard and exposure potential of 
the chemical substance (or category of sub-
stances), including persistence, bioaccumulation, 
and specific scientific classifications and des-
ignations 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 and storage near sig-
nificant sources of drinking water; 
‘‘(E) the volume of a chemical substance 
manufactured or processed; 
‘‘(F) whether the volume of a chemical sub-
stance as reported pursuant to a rule promul-
gated pursuant to section 8(a) has significantly 
increased or decreased; 
‘‘(G) the availability of information regard-
ing potential hazards and exposures required for 
conducting a safety assessment or safety deter-
mination, with limited availability of relevant
† HR 2576 EAS 
‘‘(D) subject to paragraph (5) and using the 
information available to the Administrator at 
the time of the decision, identify a chemical sub-
stance as a high-priority substance or a low-pri-
ority substance. 
‘‘(2) REASONABLY
AVAILABLE
INFORMATION.— 
The prioritization screening decision regarding a 
chemical substance shall consider any hazard and ex-
posure information relating to the chemical substance 
that is reasonably available to the Administrator. 
‘‘(3) IDENTIFICATION
OF
HIGH-PRIORITY
SUB-
STANCES.—The Administrator— 
‘‘(A) shall identify as a high-priority sub-
stance a chemical substance that, relative to 
other active chemical substances, the Adminis-
trator determines has the potential for signifi-
cant hazard and significant exposure; 
‘‘(B) may identify as a high-priority sub-
stance a chemical substance that, relative to 
other active chemical substances, the Adminis-
trator determines has the potential for signifi-
cant hazard or significant exposure; and 
‘‘(C) may identify as a high-priority sub-
stance an inactive substance, as determined 
under subsection (a)(3)(A)(ii) and section 8(b),
† HR 2576 EAS 
that the Administrator determines warrants a 
safety assessment and safety determination 
under section 6. 
‘‘(4) IDENTIFICATION
OF
LOW-PRIORITY
SUB-
STANCES.—The Administrator shall identify as a low- 
priority substance a chemical substance that the Ad-
ministrator concludes has information sufficient to es-
tablish that the chemical substance is likely to meet 
the safety standard. 
‘‘(5) POSTPONING A DECISION.—If the Adminis-
trator determines that additional information is need-
ed to establish the priority of a chemical substance 
under this section, the Administrator may postpone a 
prioritization screening decision for a reasonable pe-
riod— 
‘‘(A) to allow for the submission of addi-
tional information by an interested person and 
for the Administrator to evaluate the additional 
information; or 
‘‘(B) to require the development of informa-
tion pursuant to a rule, testing consent agree-
ment, or order issued under section 4(a)(2). 
‘‘(6) DEADLINES FOR SUBMISSION OF INFORMA-
TION.—If the Administrator requests the development 
or submission of information under this section, the
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Administrator shall establish a deadline for submis-
sion of the information. 
‘‘(7) NOTICE AND COMMENT.—The Administrator 
shall— 
‘‘(A) publish, including in the Federal Reg-
ister, the proposed decisions made under para-
graphs (3), (4), and (5) and the basis for the de-
cisions; 
‘‘(B) identify the information and analysis 
on which the decisions are based; and 
‘‘(C) provide 90 days for public comment. 
‘‘(8) REVISIONS OF PRIOR DESIGNATIONS.— 
‘‘(A) IN GENERAL.—At any time, the Ad-
ministrator 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 in-
formation.
† HR 2576 EAS 
‘‘(9) 
OTHER
INFORMATION
RELEVANT
TO 
PRIORITIZATION.— 
‘‘(A) IN GENERAL.—If, after the date of en-
actment 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 des-
ignated as a high-priority substance, the Gov-
ernor or State agency with responsibility for im-
plementing the statute or administrative action 
shall notify the Administrator. 
‘‘(B) REQUESTS
FOR
INFORMATION.—Fol-
lowing receipt of a notification provided under 
subparagraph (A), the Administrator may re-
quest any available information from the Gov-
ernor 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 in-
tended to address;
† HR 2576 EAS 
‘‘(ii) any State or local conditions 
which warranted the statute or administra-
tive 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 restric-
tion, including information on any alter-
natives considered and their hazards, expo-
sures, 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 re-
ceived 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 pro-
hibition or other restriction under a 
statute or administrative action in 2 
or more States.
† HR 2576 EAS 
‘‘(D) 
POST-PRIORITIZATION
NOTICE.—If, 
after the date of enactment of the Frank R. Lau-
tenberg Chemical Safety for the 21st Century 
Act, a State proposes or takes an administrative 
action or enacts a statute to prohibit or other-
wise restrict the manufacturing, processing, dis-
tribution in commerce, or use of a high-priority 
substance, after the date on which the deadline 
established pursuant to subsection (a) of section 
6 for completion of the safety determination 
under that subsection expires but before the date 
on which the Administrator publishes the safety 
determination under that subsection, the Gov-
ernor or State agency with responsibility for im-
plementing the statute or administrative action 
shall— 
‘‘(i) notify the Administrator; and 
‘‘(ii) provide the scientific and legal 
basis for the action. 
‘‘(E) AVAILABILITY TO PUBLIC.—Subject to 
section 14 and any applicable State law regard-
ing the protection of confidential information 
provided to the State or to the Administrator, 
the Administrator shall make information re-
† HR 2576 EAS 
ceived from a Governor or State agency under 
subparagraph (A) publicly available. 
‘‘(F) 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 expe-
rience 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 designa-
tion by the Administrator under this section with re-
spect to a chemical substance shall not affect— 
‘‘(A) the manufacture, processing, distribu-
tion in commerce, use, or disposal of the chem-
ical substance; or 
‘‘(B) the regulation of those activities.
† HR 2576 EAS 
‘‘(c) ADDITIONAL PRIORITIES FOR SAFETY ASSESS-
MENTS AND DETERMINATIONS.— 
‘‘(1) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The rule promulgated 
under subsection (a) shall— 
‘‘(i) include a process by which a man-
ufacturer or processor of an active chemical 
substance that has not been designated a 
high-priority substance or is not in the 
process of a prioritization screening by the 
Administrator, may request that the Ad-
ministrator designate the substance as an 
additional priority for a safety assessment 
and safety determination, subject to the 
payment 
of 
fees 
pursuant 
to 
section 
26(b)(3)(D); 
‘‘(ii) specify the information to be pro-
vided in such requests; and 
‘‘(iii) specify the criteria (which may 
include criteria identified in subsection 
(a)(4)) that the Administrator shall use to 
determine whether or not to grant such a 
request, which shall include whether the sub-
stance is subject to restrictions imposed by 
statutes enacted or administrative actions
† HR 2576 EAS 
taken by 1 or more States on the manufac-
ture, processing, distribution in commerce, 
or use of the substance. 
‘‘(B) PREFERENCE.—Subject to paragraph 
(2), in deciding whether to grant requests under 
this subsection the Administrator shall give a 
preference to requests concerning substances for 
which the Administrator determines that restric-
tions imposed by 1 or more States have the po-
tential to have a significant impact on interstate 
commerce or health or the environment. 
‘‘(C) EXCEPTIONS.—Chemical 
substances 
for which requests have been granted under this 
subsection shall not be subject to subsection 
(a)(3)(A)(iii) or section 18(b). 
‘‘(2) LIMITATIONS.—In considering whether to 
grant a request submitted under paragraph (1), the 
Administrator shall ensure that— 
‘‘(A) the number of substances designated to 
undergo safety assessments and safety determina-
tions under the process and criteria pursuant to 
paragraph (1) is not less than 25 percent, or 
more than 30 percent, of the cumulative number 
of substances designated to undergo safety assess-
ments and safety determinations under sub-
† HR 2576 EAS 
sections (a)(2) and (b)(3) (except that if less 
than 25 percent are received by the Adminis-
trator, the Administrator shall grant each re-
quest that meets the requirements of paragraph 
(1)); 
‘‘(B) the resources allocated to conducting 
safety assessments and safety determinations for 
additional priorities designated under this sub-
section are proportionate to the number of such 
substances relative to the total number of sub-
stances currently designated to undergo safety 
assessments and safety determinations under this 
section; and 
‘‘(C) the number of additional priority re-
quests stipulated under subparagraph (A) is in 
addition to the total number of high-priority 
substances identified under subsections (a)(2) 
and (b)(3). 
‘‘(3) ADDITIONAL REVIEW OF WORK PLAN CHEMI-
CALS FOR SAFETY ASSESSMENT AND SAFETY DETER-
MINATION.—In the case of a request under paragraph 
(1) with respect to a chemical substance identified by 
the Administrator in the October 2014 TSCA Work 
Plan—
† HR 2576 EAS 
‘‘(A) the 30-percent cap specified in para-
graph (2)(A) shall not apply and the addition of 
Work Plan chemicals shall be at the discretion of 
the Administrator; and 
‘‘(B) notwithstanding paragraph (1)(C), re-
quests for additional Work Plan chemicals under 
this subsection shall be considered high-priority 
chemicals subject to section 18(b) but not sub-
section (a)(3)(A)(iii). 
‘‘(4) REQUIREMENTS.— 
‘‘(A) IN GENERAL.—The public shall be pro-
vided 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 sub-
section, 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 de-
termination— 
‘‘(i) shall be conducted in accordance 
with the deadlines and other requirements 
of sections 3A(i) and 6; and
† HR 2576 EAS 
‘‘(ii) shall not be expedited or otherwise 
subject to special treatment relative to high- 
priority substances designated pursuant to 
subsection (b)(3) that are undergoing safety 
assessments and safety determinations.’’. 
SEC. 7. NEW CHEMICALS AND SIGNIFICANT NEW USES. 
Section 5 of the Toxic Substances Control Act (15 
U.S.C. 2604) is amended— 
(1) by striking the section designation and head-
ing and inserting the following: 
‘‘SEC. 5. NEW CHEMICALS AND SIGNIFICANT NEW USES.’’; 
(2) by striking subsection (b); 
(3) by redesignating subsection (a) as subsection 
(b); 
(4) by redesignating subsection (i) as subsection 
(a) and moving the subsection so as to appear at the 
beginning of the section; 
(5) in subsection (b) (as so redesignated)— 
(A) in the subsection heading, by striking 
‘‘IN GENERAL’’ and inserting ‘‘NOTICES’’; 
(B) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘subsection (h)’’ and 
inserting ‘‘paragraph (3) and subsection 
(h)’’; and
† HR 2576 EAS 
(ii) in the matter following subpara-
graph (B)— 
(I) by striking ‘‘subsection (d)’’ 
and inserting ‘‘subsection (c)’’; and 
(II) by striking ‘‘and such person 
complies with any applicable require-
ment of subsection (b)’’; and 
(C) by adding at the end the following: 
‘‘(3) ARTICLE
CONSIDERATION.—The Adminis-
trator may require notification under this section for 
the import or processing of a chemical substance as 
part of an article or category of articles under para-
graph (1)(B) if the Administrator makes an affirma-
tive finding in a rule under paragraph (2) that the 
reasonable potential for exposure to the chemical sub-
stance through the article or category of articles sub-
ject to the rule warrants notification.’’; 
(6) by redesignating subsections (c) and (d) as 
subsections (d) and (c), respectively, and moving sub-
section (c) (as so redesigned) so as appear after sub-
section (b) (as redesignated by paragraph (3)); 
(7) in subsection (c) (as so redesignated)— 
(A) by striking paragraph (1) and inserting 
the following:
† HR 2576 EAS 
‘‘(1) IN GENERAL.—The notice required by sub-
section (b) shall include, with respect to a chemical 
substance— 
‘‘(A) the information required by sections 
720.45 and 720.50 of title 40, Code of Federal 
Regulations (or successor regulations); and 
‘‘(B) all known or reasonably ascertainable 
information regarding conditions of use and rea-
sonably anticipated exposures.’’; 
(B) in paragraph (2)— 
(i) in the matter preceding subpara-
graph (A)— 
(I) by striking ‘‘subsection (a)’’ 
and inserting ‘‘subsection (b)’’; and 
(II) by striking ‘‘or of data under 
subsection (b)’’; 
(ii) in subparagraph (A), by adding 
‘‘and’’ after the semicolon at the end; 
(iii) in subparagraph (B), by striking 
‘‘; and’’ and inserting a period; and 
(iv) by striking subparagraph (C); and 
(C) in paragraph (3), by striking ‘‘sub-
section (a) and for which the notification period 
prescribed by subsection (a), (b), or (c)’’ and in-
serting ‘‘subsection (b) and for which the notifi-
† HR 2576 EAS 
cation 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 subpara-
graph (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 poten-
tial for exposure to humans and the envi-
ronment; and 
‘‘(iii) make a 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.
† HR 2576 EAS 
‘‘(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 informa-
tion 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 sig-
nificant 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 sig-
nificant new use is likely to meet the safety 
standard, in which case the Administrator shall 
allow the review period to expire without addi-
tional restrictions; or 
‘‘(C) additional information is necessary in 
order to make a determination under subpara-
graph (A) or (B), in which case the Adminis-
† HR 2576 EAS 
trator shall take appropriate action under para-
graphs (4) and (5). 
‘‘(4) RESTRICTIONS.— 
‘‘(A) 
DETERMINATION
BY
ADMINIS-
TRATOR.— 
‘‘(i) IN
GENERAL.—If the Adminis-
trator makes a determination under sub-
paragraph (A) or (C) of paragraph (3) with 
respect to a notice submitted under sub-
section (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, distribu-
tion in commerce, or disposal (as ap-
plicable) of the chemical substance, or 
of the chemical substance for a signifi-
cant new use, without compliance with 
the restrictions specified in the consent 
agreement or order that the Adminis-
trator determines are sufficient to en-
sure that the chemical substance or sig-
† HR 2576 EAS 
nificant 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 sig-
nificant new use for which a notice was 
submitted under subsection (b), then not-
withstanding any remaining portion of the 
applicable period for review under para-
graph (1), the submitter of the notice may 
commence manufacture for commercial pur-
poses of the chemical substance or manufac-
ture 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
† HR 2576 EAS 
under subparagraph (A), the Administrator 
shall— 
‘‘(i) consider whether to promulgate a 
rule pursuant to subsection (b)(2) that iden-
tifies as a significant new use any manu-
facturing, processing, use, distribution in 
commerce, or disposal of the chemical sub-
stance that does not conform to the restric-
tions 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 ini-
tiating a rulemaking. 
‘‘(C) INCLUSIONS.—A prohibition or other 
restriction under subparagraph (A) may include, 
as appropriate— 
‘‘(i) subject to section 18(g), a require-
ment that a chemical substance shall be 
marked with, or accompanied by, clear and 
adequate minimum warnings and instruc-
tions with respect to use, distribution in 
commerce, or disposal, or any combination 
of those activities, with the form and con-
† HR 2576 EAS 
tent of the minimum warnings and instruc-
tions 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 ad-
ditional tests as are reasonably nec-
essary to address potential risks from 
the manufacture, processing, distribu-
tion 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 manu-
factured, processed, or distributed in com-
merce— 
‘‘(I) in general; or 
‘‘(II) for a particular use; 
‘‘(iv) a prohibition or other restriction 
of—
† HR 2576 EAS 
‘‘(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 distribu-
tion in commerce of the chemical sub-
stance— 
‘‘(I) in general; or 
‘‘(II) for a particular use. 
‘‘(D) PERSISTENT
AND
BIOACCUMULATIVE 
SUBSTANCES.—For a chemical substance the Ad-
ministrator determines, with respect to persist-
ence and bioaccumulation, scores high for 1 and 
either high or moderate for the other, pursuant 
to the TSCA Work Plan Chemicals Methods Doc-
ument published by the Administrator in Feb-
ruary 2012, the Administrator shall, in selecting 
among prohibitions and other restrictions that 
the Administrator determines are sufficient to 
ensure that the chemical substance is likely to
† HR 2576 EAS 
meet the safety standard, reduce potential expo-
sure to the substance to the maximum extent 
practicable. 
‘‘(E) WORKPLACE EXPOSURES.—To the ex-
tent practicable, the Administrator shall consult 
with the Assistant Secretary of Labor for Occu-
pational Safety and Health prior to adopting 
any prohibition or other restriction under this 
subsection to address workplace exposures. 
‘‘(F) DEFINITION OF REQUIREMENT.—For 
purposes of this Act, the term ‘requirement’ as 
used in this section does not displace common 
law. 
‘‘(5) ADDITIONAL INFORMATION.—If the Admin-
istrator determines under paragraph (3)(C) that ad-
ditional 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 ad-
ditional information;
† HR 2576 EAS 
‘‘(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 Adminis-
trator finds supports the determination under 
paragraph (3), shall promptly make the deter-
mination.’’; 
(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 no-
tice of commencement that identifies— 
‘‘(A) the name of the manufacturer; and 
‘‘(B) the initial date of nonexempt commer-
cial manufacture. 
‘‘(2) WITHDRAWAL.—A manufacturer or proc-
essor 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.
† HR 2576 EAS 
‘‘(f) FURTHER EVALUATION.—The Administrator may 
review a chemical substance under section 4A at any time 
after the Administrator receives— 
‘‘(1) a notice of commencement for a chemical 
substance under subsection (e); or 
‘‘(2) new information regarding the chemical 
substance. 
‘‘(g) TRANSPARENCY.—Subject to section 14, the Ad-
ministrator shall make available to the public— 
‘‘(1) all notices, determinations, consent agree-
ments, rules, and orders submitted under this section 
or made by the Administrator under this section; and 
‘‘(2) all information submitted or issued under 
this section.’’; and 
(10) in subsection (h)— 
(A) in paragraph (1)— 
(i) in the matter preceding subpara-
graph (A), by striking ‘‘(a) or’’; and 
(ii) in subparagraph (A), by inserting 
‘‘, without taking into account cost or other 
nonrisk factors’’ after ‘‘the environment’’; 
(B) by striking paragraph (2); 
(C) 
by 
redesignating 
paragraphs 
(3) 
through (6) as paragraphs (2) through (5), re-
spectively;
† HR 2576 EAS 
(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 insert-
ing ‘‘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 DETERMINA-
TIONS. 
Section 6 of the Toxic Substances Control Act (15 
U.S.C. 2605) is amended— 
(1) by striking the section designation and head-
ing and inserting the following:
† HR 2576 EAS 
‘‘SEC. 6. SAFETY ASSESSMENTS AND SAFETY DETERMINA-
TIONS.’’; 
(2) by redesignating subsections (e) and (f) as 
subsections (h) and (i), respectively; 
(3) by striking subsections (a) through (d) and 
inserting the following: 
‘‘(a) IN GENERAL.—The Administrator— 
‘‘(1) shall conduct a safety assessment and make 
a safety determination of each high-priority substance 
in accordance with subsections (b) and (c); 
‘‘(2) shall, as soon as practicable and not later 
than 6 months after the date on which a chemical 
substance is designated as a high-priority substance, 
define and publish the scope of the safety assessment 
and safety determination to be conducted pursuant to 
this section, including the hazards, exposures, condi-
tions of use, and potentially exposed or susceptible 
populations that the Administrator expects to con-
sider; 
‘‘(3) as appropriate based on the results of a 
safety determination, shall establish restrictions pur-
suant to subsection (d); 
‘‘(4) shall complete and publish a safety assess-
ment and safety determination not later than 3 years 
after the date on which a chemical substance is des-
ignated as a high-priority substance;
† HR 2576 EAS 
‘‘(5) shall promulgate any necessary final rule 
pursuant to subsection (d) by not later than 2 years 
after the date on which the safety determination is 
completed; 
‘‘(6) may extend any deadline under paragraph 
(4) for not more than 1 year, if information relating 
to the high-priority substance, required to be devel-
oped in a rule, order, or consent agreement under sec-
tion 4— 
‘‘(A) has not yet been submitted to the Ad-
ministrator; or 
‘‘(B) was submitted to the Administrator— 
‘‘(i) within the time specified in the 
rule, order, or consent agreement pursuant 
to section 4(a)(4)(A)(iv); and 
‘‘(ii) on or after the date that is 120 
days before the expiration of the deadline 
described in paragraph (4); and 
‘‘(7) may extend the deadline under paragraph 
(5) for not more than 2 years, subject to the condition 
that the aggregate length of all extensions of deadlines 
under this subsection does not exceed 2 years. 
‘‘(b) PRIOR ACTIONS AND NOTICE OF EXISTING INFOR-
MATION.— 
‘‘(1) PRIOR-INITIATED ASSESSMENTS.—
† HR 2576 EAS 
‘‘(A) IN
GENERAL.—Nothing in this Act 
prevents the Administrator from initiating a 
safety assessment or safety determination regard-
ing a chemical substance, or from continuing or 
completing such a safety assessment or safety de-
termination, prior to the effective date of the 
policies, procedures, and guidance 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 max-
imum extent practicable, the Administrator shall 
integrate the policies and procedures into ongo-
ing safety assessments and safety determinations. 
‘‘(2) ACTIONS COMPLETED PRIOR TO COMPLE-
TION
OF
POLICIES
AND
PROCEDURES.—Nothing in 
this Act requires the Administrator to revise or with-
draw a completed safety assessment, safety determina-
tion, or rule solely because the action was completed 
prior to the completion of a policy or procedure estab-
lished 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.
† HR 2576 EAS 
‘‘(3) NOTICE OF EXISTING INFORMATION.— 
‘‘(A) IN
GENERAL.—The Administrator 
shall, where such information is available, take 
notice of existing information regarding hazard 
and exposure published by other Federal agencies 
and the National Academies and incorporate the 
information in safety assessments and safety de-
terminations with the objective of increasing the 
efficiency of the safety assessments and safety de-
terminations. 
‘‘(B) INCLUSION OF INFORMATION.—Exist-
ing information described in subparagraph (A) 
should be included to the extent practicable and 
where the Administrator determines the informa-
tion is relevant and scientifically reliable. 
‘‘(c) SAFETY DETERMINATIONS.— 
‘‘(1) IN GENERAL.—Based on a review of the in-
formation available to the Administrator, including 
draft safety assessments submitted by interested per-
sons pursuant to section 3A(h)(2)(D), and subject to 
section 18(g), the Administrator shall determine— 
‘‘(A) by order, that the relevant chemical 
substance meets the safety standard; 
‘‘(B) that the relevant chemical substance 
does not meet the safety standard, in which case
† HR 2576 EAS 
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 other restric-
tions under subsection (d)(3), ban or phase 
out the chemical substance, as appropriate; 
or 
‘‘(C) that additional information is nec-
essary in order to make a determination under 
subparagraph (A) or (B), in which case the Ad-
ministrator shall take appropriate action under 
paragraph (2). 
‘‘(2) ADDITIONAL INFORMATION.—If the Admin-
istrator determines that additional information is 
necessary to make a safety assessment or safety deter-
mination for a high-priority substance, the Adminis-
trator— 
‘‘(A) shall provide an opportunity for inter-
ested persons to submit the additional informa-
tion;
† HR 2576 EAS 
‘‘(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 con-
sistent 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 assess-
ment and safety determination, shall make a de-
termination under paragraph (1). 
‘‘(3) ESTABLISHMENT
OF
DEADLINE.—In re-
questing the development or submission of informa-
tion under this section, the Administrator shall estab-
lish 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 Adminis-
trator shall promulgate a rule establishing restrictions 
necessary to ensure that the chemical substance meets 
the safety standard. 
‘‘(2) SCOPE.—
† HR 2576 EAS 
‘‘(A) IN GENERAL.—The rule promulgated 
pursuant to this subsection— 
‘‘(i) may apply to mixtures containing 
the chemical substance, as appropriate; 
‘‘(ii) shall include dates by which com-
pliance is mandatory, which— 
‘‘(I) shall be as soon as prac-
ticable, but not later than 4 years after 
the date of promulgation of the rule, 
except in the case of a use exempted 
under paragraph (5); 
‘‘(II) in the case of a ban or 
phase-out of the chemical substance, 
shall implement the ban or phase-out 
in as short a period as practicable; 
‘‘(III) as determined by the Ad-
ministrator, may vary for different af-
fected persons; and 
‘‘(IV) following a determination 
by the Administrator that compliance 
is technologically or economically in-
feasible within the timeframe specified 
in subclause (I), shall provide up to an 
additional 18 months for compliance to 
be mandatory;
† HR 2576 EAS 
‘‘(iii) shall exempt replacement parts 
that are manufactured prior to the effective 
date of the rule for articles that are first 
manufactured prior to the effective date of 
the rule unless the Administrator finds the 
replacement parts contribute significantly 
to the identified risk; 
‘‘(iv) shall, in selecting among prohibi-
tions and other restrictions, apply such pro-
hibitions or other restrictions to an article 
or category of articles containing the chem-
ical substance only to the extent necessary 
to address the identified risks from exposure 
to the chemical substance from the article or 
category of articles, in order to determine 
that the chemical substance meets the safety 
standard; and 
‘‘(v) shall, when the Administrator de-
termines that the chemical substance does 
not meet the safety standard for a poten-
tially exposed or susceptible population, 
apply prohibitions or other restrictions nec-
essary to ensure that the substance meets the 
safety standard for that population.
† HR 2576 EAS 
‘‘(B) PERSISTENT
AND
BIOACCUMULATIVE 
SUBSTANCES.—For a chemical substance the Ad-
ministrator determines, with respect to persist-
ence and bioaccumulation, scores high for 1 and 
either high or moderate for the other, pursuant 
to the TSCA Work Plan Chemicals Methods Doc-
ument published by the Administrator in Feb-
ruary 2012, the Administrator shall, in selecting 
among prohibitions and other restrictions that 
the Administrator determines are sufficient to 
ensure that the chemical substance meets the 
safety standard, reduce exposure to the substance 
to the maximum extent practicable. 
‘‘(C) WORKPLACE
EXPOSURES.—The Ad-
ministrator shall consult with the Assistant Sec-
retary of Labor for Occupational Safety and 
Health before adopting any prohibition or other 
restriction under this subsection to address work-
place exposures. 
‘‘(D) DEFINITION OF REQUIREMENT.—For 
the purposes of this Act, the term ‘requirement’ 
as used in this section does not displace common 
law.
† HR 2576 EAS 
‘‘(3) RESTRICTIONS.—Subject to section 18, a re-
striction under paragraph (1) may include, as appro-
priate— 
‘‘(A) a requirement that a chemical sub-
stance shall be marked with, or accompanied by, 
clear and adequate minimum warnings and in-
structions 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 pre-
scribed 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 sub-
stance; or 
‘‘(iii) monitor or conduct tests that are 
reasonably necessary to ensure compliance 
with the requirements of any rule under 
this subsection;
† HR 2576 EAS 
‘‘(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 
otherwise restrict the manufacture, processing, or 
distribution in commerce of the chemical sub-
stance for— 
‘‘(i) a particular use; 
‘‘(ii) a particular use at a concentra-
tion in excess of a level specified by the Ad-
ministrator; 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 concentra-
tion in excess of a level specified by the Ad-
ministrator; 
‘‘(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
† HR 2576 EAS 
chemical substance or any article containing the 
chemical substance; and 
‘‘(H) a requirement directing manufactur-
ers 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 non-
quantifiable 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 anal-
ysis, the Administrator shall review any 1 or 
more technically and economically feasible alter-
natives to the chemical substance that the Ad-
† HR 2576 EAS 
ministrator determines are relevant to the rule-
making. 
‘‘(C) PUBLIC AVAILABILITY.—In proposing 
a rule under paragraph (1), the Administrator 
shall make publicly available any analysis con-
ducted under this paragraph. 
‘‘(D) STATEMENT
REQUIRED.—In making 
final a rule under paragraph (1), the Adminis-
trator shall include a statement describing how 
the analysis considered under subparagraph (A) 
was taken into account. 
‘‘(5) EXEMPTIONS.— 
‘‘(A) IN
GENERAL.—The Administrator 
may, as part of a rule promulgated under para-
graph (1) or in a separate rule, exempt 1 or 
more uses of a chemical substance from any re-
striction in a rule promulgated under paragraph 
(1) if the Administrator determines that— 
‘‘(i) the restriction cannot be complied 
with, without— 
‘‘(I) harming national security; 
‘‘(II) causing significant disrup-
tion in the national economy due to 
the lack of availability of a chemical 
substance; or
† HR 2576 EAS 
‘‘(III) interfering with a critical 
or essential use for which no tech-
nically 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 alter-
natives, provides a substantial benefit to 
health, the environment, or public safety. 
‘‘(B) EXEMPTION ANALYSIS.—In proposing 
a rule under this paragraph, the Administrator 
shall make publicly available any analysis con-
ducted under this paragraph to assess the need 
for the exemption. 
‘‘(C) STATEMENT
REQUIRED.—In making 
final a rule under this paragraph, the Adminis-
trator 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 included in a proposed or final rule under 
paragraph (1), the Administrator shall take into
† HR 2576 EAS 
consideration, to the extent practicable based on 
reasonably available information, the quantifi-
able and nonquantifiable costs and benefits of the 
1 or more alternatives to the chemical substance 
the Administrator determines to be technically 
and economically feasible and most likely to be 
used in place of the chemical substance under the 
conditions of use. 
‘‘(E) CONDITIONS.—As part of a rule pro-
mulgated under this paragraph, the Adminis-
trator shall include conditions, including reason-
able recordkeeping, monitoring, and reporting 
requirements, to the extent that the Adminis-
trator determines the conditions are necessary to 
protect health and the environment while achiev-
ing the purposes of the exemption. 
‘‘(F) DURATION.— 
‘‘(i) IN GENERAL.—The Administrator 
shall establish, as part of a rule under this 
paragraph, a time limit on any exemption 
for a time to be determined by the Adminis-
trator as reasonable on a case-by-case basis. 
‘‘(ii) 
AUTHORITY
OF
ADMINIS-
TRATOR.—The Administrator, by rule, may 
extend, modify, or eliminate an exemption
† HR 2576 EAS 
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 pe-
riods 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 
under paragraph (1) requiring the ban 
or phase-out of a chemical substance 
shall not exceed 5 years. 
‘‘(e) IMMEDIATE EFFECT.—The Administrator may 
declare a proposed rule under subsection (d)(1) to be effec-
tive 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—
† HR 2576 EAS 
‘‘(A) the manufacture, processing, distribu-
tion in commerce, use, or disposal of the chem-
ical substance or mixture subject to the proposed 
rule or any combination of those activities is 
likely to result in a risk of serious or widespread 
injury to health or the environment before the ef-
fective date; and 
‘‘(B) making the proposed rule so effective is 
necessary to protect the public interest; and 
‘‘(2) in the case of a proposed rule to prohibit the 
manufacture, processing, or distribution in commerce 
of a chemical substance or mixture because of the risk 
determined under paragraph (1)(A), a court has 
granted relief in an action under section 7 with re-
spect to that risk associated with the chemical sub-
stance 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
† HR 2576 EAS 
‘‘(2) a final rule promulgated under subsection 
(d)(1), and the associated safety assessment and safe-
ty 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. 
‘‘(g) EXTENSION OF DEADLINES FOR CERTAIN CHEM-
ICAL SUBSTANCES.—The Administrator may not extend 
any deadline under subsection (a) for a chemical substance 
designated as a high priority that is listed in the 2014 up-
date of the TSCA Work Plan without adequate public jus-
tification that demonstrates, following a review of the infor-
mation reasonably available to the Administrator, that the 
Administrator cannot adequately complete a safety assess-
ment and safety determination, or a final rule pursuant 
to subsection (d), without additional information regarding 
the chemical substance.’’; and 
(4) in subsection (h) (as redesignated by para-
graph (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—
† HR 2576 EAS 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) CIVIL ACTIONS.— 
‘‘(1) IN
GENERAL.—The Administrator may 
commence a civil action in an appropriate United 
States district court for— 
‘‘(A) seizure of an imminently hazardous 
chemical substance or mixture or any article 
containing the chemical substance or mixture; 
‘‘(B) relief (as authorized by subsection (b)) 
against any person that manufactures, processes, 
distributes in commerce, uses, or disposes of, an 
imminently hazardous chemical substance or 
mixture or any article containing the chemical 
substance or mixture; or 
‘‘(C) both seizure described in subparagraph 
(A) and relief described in subparagraph (B). 
‘‘(2) RULE, ORDER, OR OTHER PROCEEDING.—A 
civil action may be commenced under this paragraph, 
notwithstanding— 
‘‘(A) the existence of a decision, rule, con-
sent agreement, or order by the Administrator 
under section 4, 4A, 5, or 6 or title IV or VI; or
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‘‘(B) the pendency of any administrative or 
judicial proceeding under any provision of this 
Act.’’; 
(2) in subsection (b)(1), by striking ‘‘unreason-
able’’; 
(3) in subsection (d), by striking ‘‘section 6(a)’’ 
and inserting ‘‘section 6(d)’’; and 
(4) in subsection (f), in the first sentence, by 
striking ‘‘and unreasonable’’. 
SEC. 10. INFORMATION COLLECTION AND REPORTING. 
Section 8 of the Toxic Substances Control Act (15 
U.S.C. 2607) is amended— 
(1) in subsection (a)— 
(A) in paragraph (3)— 
(i) in subparagraph (A)(ii)(I)— 
(I) by striking ‘‘5(b)(4)’’ and in-
serting ‘‘5’’; 
(II) by inserting ‘‘section 4 or’’ 
after ‘‘in effect under’’; and 
(III) by striking ‘‘5(e),’’ and in-
serting ‘‘5(d)(4);’’; and 
(ii) by adding at the end the following: 
‘‘(C) Not later than 180 days after the date of 
enactment of the Frank R. Lautenberg Chemical Safe-
ty for the 21st Century Act, and not less frequently
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than once every 10 years thereafter, the Adminis-
trator, after consultation with the Administrator of 
the Small Business Administration, shall— 
‘‘(i) review the adequacy of the standards 
prescribed according to subparagraph (B); 
‘‘(ii) after providing public notice and an 
opportunity for comment, make a determination 
as to whether revision of the standards is war-
ranted; and 
‘‘(iii) revise the standards if the Adminis-
trator so determines.’’; 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 main-
tenance of records and the reporting of ad-
ditional information known or reasonably 
ascertainable by the person making the re-
port, including rules applicable to proc-
essors so that the Administrator has the in-
formation necessary to carry out this title.
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‘‘(ii) 
MODIFICATION
OF
PRIOR 
RULES.—In carrying out this subpara-
graph, the Administrator may modify, as 
appropriate, rules promulgated before the 
date of enactment of the Frank R. Lauten-
berg 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 manu-
facturers and processors; and 
‘‘(ii) shall include the level of detail 
necessary to be reported, including the man-
ner 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 duplica-
tion in reporting requirements; 
‘‘(ii) to minimize the impact of the 
rules on small manufacturers and proc-
essors; and
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‘‘(iii) to apply any reporting obliga-
tions to those persons likely to have infor-
mation relevant to the effective implementa-
tion of this title.’’; 
(2) in subsection (b), by adding at the end the 
following: 
‘‘(3) NOMENCLATURE.— 
‘‘(A) IN GENERAL.—In carrying out para-
graph (1), the Administrator shall— 
‘‘(i) maintain the use of Class 2 no-
menclature in use on the date of enactment 
of the Frank R. Lautenberg Chemical Safe-
ty for the 21st Century Act; 
‘‘(ii) maintain the use of the Soap and 
Detergent Association Nomenclature Sys-
tem, published in March 1978 by the Ad-
ministrator 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
† HR 2576 EAS 
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
CONVEN-
TIONS.— 
‘‘(i) IN GENERAL.—If an existing guid-
ance allows for multiple nomenclature con-
ventions, the Administrator shall— 
‘‘(I) maintain the nomenclature 
conventions for substances; and
† HR 2576 EAS 
‘‘(II) develop new guidance that— 
‘‘(aa) establishes equivalency 
between the nomenclature conven-
tions for chemical substances on 
the list published under para-
graph (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 Adminis-
trator 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 proc-
† HR 2576 EAS 
essors to notify the Administrator, by not 
later than 180 days after the date of pro-
mulgation of the rule, of each chemical sub-
stance on the list published under para-
graph (1) that the manufacturer or proc-
essor, as applicable, has manufactured or 
processed for a nonexempt commercial pur-
pose 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 Ad-
ministrator shall designate chemical sub-
stances for which notices are received under 
clause (i) to be active substances on the list 
published under paragraph (1). 
‘‘(iii) 
INACTIVE
SUBSTANCES.—The 
Administrator shall designate chemical sub-
stances for which no notices are received 
under clause (i) to be inactive substances on 
the list published under paragraph (1). 
‘‘(B) 
CONFIDENTIAL
CHEMICAL
SUB-
STANCES.—In promulgating the rule established 
pursuant to subparagraph (A), the Adminis-
trator shall—
† HR 2576 EAS 
‘‘(i) maintain the list under paragraph 
(1), which shall include a confidential por-
tion and a nonconfidential portion con-
sistent with this section and section 14; 
‘‘(ii) require a manufacturer or proc-
essor that is submitting a notice pursuant 
to subparagraph (A) for a chemical sub-
stance 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 con-
fidential pursuant to section 14; and 
‘‘(iii) require 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 com-
piles the initial list of active substances pursuant 
to subparagraph (A), the Administrator shall 
promulgate a rule that establishes a plan to re-
view all claims to protect the specific identities 
of chemical substances on the confidential por-
† HR 2576 EAS 
tion of the list published under paragraph (1) 
that are asserted pursuant to subparagraph (B). 
‘‘(D) REQUIREMENTS OF REVIEW PLAN.— 
Under the review plan under subparagraph (C), 
the Administrator shall— 
‘‘(i) require, at the time requested by 
the Administrator, all manufacturers or 
processors asserting claims under subpara-
graph (B) to substantiate the claim unless 
the manufacturer or processor has substan-
tiated the claim in a submission made to 
the Administrator during the 5-year period 
ending on the date of the request by the Ad-
ministrator; 
‘‘(ii) in accordance with section 14— 
‘‘(I) 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 sub-
stantiation required pursuant to 
clause (i), if the substantiation
† HR 2576 EAS 
has not been previously reviewed 
by the Administrator, to deter-
mine if the claim warrants pro-
tection 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 claim, in which 
case 
the 
Administrator 
shall 
promptly make the information 
available to the public; or 
‘‘(bb) the Administrator oth-
erwise 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
† HR 2576 EAS 
‘‘(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 RE-
VIEWS.— 
‘‘(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 Adminis-
trator may extend the deadline for 
completion of the reviews for not more 
than 2 additional years, after an ade-
quate public justification, if the Ad-
ministrator determines that the exten-
sion is necessary based on the number 
of claims needing review and the avail-
able resources.
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† HR 2576 EAS 
‘‘(II) ANNUAL REVIEW GOAL AND 
RESULTS.—At the beginning of each 
year, the Administrator shall publish 
an annual goal for reviews and the 
number of reviews completed in the 
prior year. 
‘‘(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) 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 be-
fore the date on which the inactive sub-
stance is manufactured or processed. 
‘‘(ii) CONFIDENTIAL CHEMICAL IDEN-
TITY CLAIMS.—If a person submitting a no-
tice under clause (i) for an inactive sub-
stance on the confidential portion of the list 
published under paragraph (1) seeks to 
maintain an existing claim for protection
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† HR 2576 EAS 
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 Adminis-
trator shall— 
‘‘(I) 
designate 
the 
applicable 
chemical substance as an active sub-
stance; 
‘‘(II) pursuant to section 14, 
promptly review any claim and associ-
ated substantiation submitted pursu-
ant to clause (ii) for protection against 
disclosure of the specific identity of the 
chemical substance and approve, mod-
ify, 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 Ad-
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† HR 2576 EAS 
ministrator approves a claim under 
subclause (II) 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 claim, in which 
case 
the 
Administrator 
shall 
promptly make the information 
available to the public; or 
‘‘(bb) the Administrator oth-
erwise 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, re-
view the priority of the chemical sub-
stance as the Administrator determines 
to be necessary. 
‘‘(C) CATEGORY STATUS.—The list of inac-
tive substances shall not be considered to be a 
category for purposes of section 26(c).
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† HR 2576 EAS 
‘‘(6) INTERIM LIST OF ACTIVE SUBSTANCES.— 
Prior to the promulgation of the rule required under 
paragraph (4)(A), the Administrator shall designate 
the chemical substances reported under part 711 of 
title 40, Code of Federal Regulations (as in effect on 
the date of enactment of the Frank R. Lautenberg 
Chemical Safety for the 21st Century Act), 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 INFORMATION.—Subject to this sub-
section, 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 Ad-
ministrator 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 con-
fidential portion of the list published under
104 
† HR 2576 EAS 
paragraph (1) for which a claim of confiden-
tiality was received; and 
‘‘(C) subject to subsections (f) and (g) of sec-
tion 14, the specific identity of any active sub-
stance for which— 
‘‘(i) a claim for protection against dis-
closure of the specific identity of the active 
chemical substance was not asserted, as re-
quired under this subsection or subsection 
(d) or (f) of section 14; 
‘‘(ii) a claim for protection against 
disclosure of the specific identity of the ac-
tive substance has been denied by the Ad-
ministrator; 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 disclo-
sure 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).
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† HR 2576 EAS 
‘‘(9) CERTIFICATION.—Under the rules promul-
gated under this subsection, manufacturers and proc-
essors shall be required— 
‘‘(A) to certify that each notice or substan-
tiation the manufacturer or processor submits 
complies with the requirements of the rule, and 
that any confidentiality claims are true and cor-
rect; and 
‘‘(B) to retain a record supporting the cer-
tification 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) ADDITIONAL
INFORMATION.—Any person 
may submit to the Administrator information reason-
ably supporting the conclusion that a chemical sub-
stance or mixture presents, will present, or does not 
present a substantial risk of injury to health and the 
environment.’’; and 
(4) in subsection (f), by striking ‘‘For purposes 
of this section, the’’ and inserting the following: ‘‘In 
this section:
106 
† HR 2576 EAS 
‘‘(1) ACTIVE SUBSTANCE.—The term ‘active sub-
stance’ means a chemical substance— 
‘‘(A) that has been manufactured or proc-
essed for a nonexempt commercial purpose at 
any point during the 10-year period ending on 
the date of enactment of the Frank R. Lauten-
berg Chemical Safety for the 21st Century Act; 
‘‘(B) that is added to the list published 
under subsection (b)(1) after that date of enact-
ment; 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 sen-
tence— 
(i) by striking ‘‘presents or will present 
an unreasonable risk to health or the envi-
107 
† HR 2576 EAS 
ronment’’ and inserting ‘‘does not or will 
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)— 
(i) in subparagraph (A), by inserting 
‘‘within the time period specified by the Ad-
ministrator in the report’’ after ‘‘issues an 
order’’; 
(ii) in subparagraph (B), by inserting 
‘‘responds within the time period specified 
by the Administrator in the report and’’ be-
fore ‘‘initiates, within 90 days’’; and 
(iii) in the matter following subpara-
graph (B), by striking ‘‘section 6 or 7’’ and 
inserting ‘‘section 6(d) or section 7’’; 
(C) by redesignating paragraph (3) as 
paragraph (6); 
(D) in paragraph (6) (as so redesignated), 
by striking ‘‘section 6 or 7’’ and inserting ‘‘sec-
tion 6(d) or 7’’; and 
(E) by inserting after paragraph (2) the fol-
lowing:
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† HR 2576 EAS 
‘‘(3) The Administrator shall take the actions de-
scribed in paragraph (4) if the Administrator makes 
a report under paragraph (1) with respect to a chem-
ical substance or mixture and the agency to which the 
report was made does not— 
‘‘(A) issue the order described in paragraph 
(2)(A) within the time period specified by the 
Administrator in the report; or 
‘‘(B)(i) respond under paragraph (1) with-
in the time frame specified by the Administrator 
in the report; and 
‘‘(ii) initiate action within 90 days of pub-
lication in the Federal Register of the response 
described in clause (i). 
‘‘(4) If an agency to which a report under para-
graph (1) does not take the actions described in sub-
paragraphs (A) or (B) of paragraph (3), the Admin-
istrator shall— 
‘‘(A) if a safety assessment and safety deter-
mination for the substance under section 6 has 
not been completed, complete the safety assess-
ment and safety determination; 
‘‘(B) if the Administrator has determined or 
determines that the chemical substance does not
109 
† HR 2576 EAS 
meet the safety standard, initiate action under 
section 6(d) with respect to the risk; or 
‘‘(C) take any action authorized or required 
under section 7, as appropriate. 
‘‘(5) This subsection shall not relieve the Admin-
istrator of any obligation to complete a safety assess-
ment and safety determination or take any required 
action under section 6(d) or 7 to address risks from 
the manufacture, processing, distribution in com-
merce, use, or disposal of a chemical substance or 
mixture, or any combination of those activities, that 
are not identified in a report issued by the Adminis-
trator under paragraph (1).’’; 
(2) in subsection (d), in the first sentence, by 
striking ‘‘Health, Education, and Welfare’’ and in-
serting ‘‘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 in-
formation available to the relevant Federal agency or office 
of the Environmental Protection Agency.’’.
110 
† HR 2576 EAS 
SEC. 12. RESEARCH, DEVELOPMENT, COLLECTION, DISSEMI-
NATION, 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— 
‘‘(A) any new chemical substance that the 
Administrator determines is likely to present an 
unreasonable risk of injury to health within the 
United States or to the environment of the 
United States, without taking into account cost 
or other non-risk factors; 
‘‘(B) any chemical substance that the Ad-
ministrator determines presents or will present 
an unreasonable risk of injury to health within 
the United States or to the environment of the 
United States, without taking into account cost 
or other non-risk factors; or 
‘‘(C) any chemical substance that—
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† HR 2576 EAS 
‘‘(i) the Administrator determines is 
likely to present an unreasonable risk of in-
jury to health within the United States or 
to the environment of the United States, 
without taking into account cost or other 
non-risk factors; and 
‘‘(ii) is subject to restriction under sec-
tion 5(d)(4). 
‘‘(3) WAIVERS FOR CERTAIN MIXTURES AND AR-
TICLES.—For a mixture or article containing a chem-
ical substance described in paragraph (2), the Admin-
istrator 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 meets the safety standard within the United 
States.’’; 
(2) by striking subsection (b) and inserting the 
following:
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† HR 2576 EAS 
‘‘(b) NOTICE.— 
‘‘(1) IN GENERAL.—A person shall notify the Ad-
ministrator that the person is exporting or intends to 
export to a foreign country— 
‘‘(A) a chemical substance or a mixture con-
taining a chemical substance that the Adminis-
trator has determined under section 5 is not like-
ly 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 Admin-
istrator has determined under section 6 does not 
meet the safety standard and for which a prohi-
bition 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 con-
taining a chemical substance subject to a pro-
posed or promulgated significant new use rule, 
or a prohibition or other restriction pursuant to 
a rule, order, or consent agreement in effect 
under this Act;
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† HR 2576 EAS 
‘‘(E) a chemical substance or mixture for 
which the submission of information is required 
under section 4; or 
‘‘(F) a chemical substance or mixture for 
which an action is pending or for which relief 
has been granted under section 7. 
‘‘(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 ex-
tent, 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), (D), or (F)
114 
† HR 2576 EAS 
of paragraph (1), a notice of the determination, 
rule, order, consent agreement, action, relief, or 
requirement; 
‘‘(B) for a chemical substance described in 
paragraph (1)(C), a notice that satisfies the obli-
gation of the United States under the applicable 
treaty; and 
‘‘(C) for a chemical substance or mixture 
described in paragraph (1)(E), a notice of avail-
ability of the information on the chemical sub-
stance or mixture submitted to the Adminis-
trator.’’; and 
(3) in subsection (c), by striking paragraph (3). 
SEC. 14. CONFIDENTIAL INFORMATION. 
Section 14 of the Toxic Substances Control Act (15 
U.S.C. 2613) is amended to read as follows: 
‘‘SEC. 14. CONFIDENTIAL INFORMATION. 
‘‘(a) IN GENERAL.—Except as otherwise provided in 
this section, the Administrator shall not disclose informa-
tion that is exempt from disclosure pursuant to subsection 
(a) of section 552 of title 5, United States Code, under sub-
section (b)(4) of that section— 
‘‘(1) that is reported to, or otherwise obtained by, 
the Administrator under this Act; and
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† HR 2576 EAS 
‘‘(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 con-
dition that nothing in this Act prohibits the disclosure of 
any such information, or information that is the subject 
of subsection (g)(3), through discovery, subpoena, other 
court order, or any other judicial process otherwise allowed 
under applicable Federal or State law: 
‘‘(1) Specific information describing the proc-
esses used in manufacture or processing of a chemical 
substance, mixture, or article. 
‘‘(2) Marketing and sales information. 
‘‘(3) Information identifying a supplier or cus-
tomer. 
‘‘(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.
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‘‘(7) Specific aggregated volumes across manu-
facturers, if the Administrator determines that disclo-
sure of the specific aggregated volumes would reveal 
confidential information. 
‘‘(8) 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 of-
fered for commercial distribution, including the chem-
ical name, molecular formula, Chemical Abstracts 
Service number, and other information that would 
identify a specific chemical substance, if the specific 
identity was claimed as confidential information at 
the time it was submitted in a notice under section 
5. 
‘‘(c) INFORMATION NOT PROTECTED FROM DISCLO-
SURE.— 
‘‘(1) IN GENERAL.—Notwithstanding subsections 
(a) and (b), the following information shall not be 
protected from disclosure: 
‘‘(A) INFORMATION
FROM
HEALTH
AND 
SAFETY STUDIES.— 
‘‘(i) IN
GENERAL.—Subject to clause 
(ii)—
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† HR 2576 EAS 
‘‘(I) any health and safety study 
that is submitted under this Act with 
respect to— 
‘‘(aa) any chemical substance 
or mixture that, on the date on 
which the study is to be disclosed, 
has been offered for commercial 
distribution; or 
‘‘(bb) any chemical substance 
or mixture for which— 
‘‘(AA) 
testing 
is 
re-
quired under section 4; or 
‘‘(BB) a notification is 
required under section 5; or 
‘‘(II) any information reported to, 
or otherwise obtained by, the Adminis-
trator from a health and safety study 
relating to a chemical substance or 
mixture described in item (aa) or (bb) 
of subclause (I). 
‘‘(ii) EFFECT
OF
SUBPARAGRAPH.— 
Nothing in this subparagraph authorizes the 
release of any information that discloses—
118 
† HR 2576 EAS 
‘‘(I) a process used in the manu-
facturing 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. 
‘‘(B) OTHER INFORMATION NOT PROTECTED 
FROM DISCLOSURE.— 
‘‘(i) For information submitted after 
the date of enactment of the Frank R. Lau-
tenberg Chemical Safety for the 21st Cen-
tury Act, the specific identity of a chemical 
substance as of the date on which the chem-
ical substance is first offered for commercial 
distribution, if the person submitting the 
information does not meet the requirements 
of subsection (d). 
‘‘(ii) A safety assessment developed, or 
a safety determination made, under section 
6. 
‘‘(iii) Any general information describ-
ing the manufacturing volumes, expressed 
as specific aggregated volumes or, if the Ad-
ministrator determines that disclosure of 
specific aggregated volumes would reveal
119 
† HR 2576 EAS 
confidential 
information, 
expressed 
in 
ranges. 
‘‘(iv) A general description of a process 
used in the manufacture or processing and 
industrial, commercial, or consumer func-
tions and uses of a chemical substance, mix-
ture, or article containing a chemical sub-
stance 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 in-
dustry sector. 
‘‘(2) MIXED CONFIDENTIAL AND NONCONFIDEN-
TIAL INFORMATION.—Any information that is eligible 
for protection under this section and is submitted 
with information described in this subsection shall be 
protected from disclosure, if the submitter complies 
with subsection (d), subject to the condition that in-
formation in the submission that is not eligible for 
protection against disclosure shall be disclosed. 
‘‘(3) BAN OR PHASE-OUT.—If the Administrator 
promulgates a rule pursuant to section 6(d) that es-
tablishes a ban or phase-out of the manufacture, proc-
essing, or distribution in commerce of a chemical sub-
stance, subject to paragraphs (2), (3), and (4) of sub-
120 
† HR 2576 EAS 
section (g), any protection from disclosure provided 
under this section with respect to the specific identity 
of the chemical substance and other information relat-
ing to the chemical substance shall no longer apply. 
‘‘(4) CERTAIN REQUESTS.—If a request is made 
to the Administrator under section 552(a) of title 5, 
United States Code, for information that is subject to 
disclosure under this subsection, the Administrator 
may not deny the request on the basis of section 
552(b)(4) of title 5, United States Code. 
‘‘(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 de-
scribed in subsection (b)) shall assert to the Ad-
ministrator a claim for protection concurrent 
with submission of the information, in accord-
ance with such rules regarding a claim for pro-
tection from disclosure as the Administrator has 
promulgated or may promulgate pursuant to 
this title.
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† HR 2576 EAS 
‘‘(B) INCLUSION.—An assertion of a claim 
under subparagraph (A) shall include a state-
ment that the person has— 
‘‘(i) taken reasonable measures to pro-
tect 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 chem-
ical identity, the claim shall include a struc-
turally descriptive generic name for the chemical 
substance that the Administrator may disclose to 
the public, subject to the condition that the ge-
neric name shall—
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† HR 2576 EAS 
‘‘(i) be consistent with guidance issued 
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 chem-
ical structure— 
‘‘(I) that are considered to be con-
fidential; and 
‘‘(II) the disclosure of which 
would be likely to cause substantial 
harm to the competitive position of the 
person. 
‘‘(D) PUBLIC
INFORMATION.—No person 
may assert a claim under this section for protec-
tion from disclosure of information that is al-
ready publicly available. 
‘‘(2) ADDITIONAL
REQUIREMENTS
FOR
CON-
FIDENTIALITY CLAIMS.—Except for information de-
scribed in 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 consistent with the guidance 
issued by the Administrator.
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† HR 2576 EAS 
‘‘(3) GUIDANCE.—The Administrator shall de-
velop guidance regarding— 
‘‘(A) the determination of structurally de-
scriptive generic names, in the case of claims for 
the protection against disclosure of specific chem-
ical identity; and 
‘‘(B) the content and form of the statements 
of need and agreements required under para-
graphs (4), (5), and (6) of subsection (e). 
‘‘(4) CERTIFICATION.—An authorized official of 
a person described in paragraph (1)(A) shall certify 
that the statement required to assert a claim sub-
mitted pursuant to paragraph (1)(B) and any infor-
mation required to substantiate a claim submitted 
pursuant to paragraph (2) are true and correct. 
‘‘(e) EXCEPTIONS
TO PROTECTION FROM DISCLO-
SURE.—Information described in subsection (a)— 
‘‘(1) shall be disclosed if the information is to be 
disclosed to an officer or employee of the United 
States in connection with the official duties of the of-
ficer or employee— 
‘‘(A) under any law for the protection of 
health or the environment; or 
‘‘(B) for a specific law enforcement purpose;
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† HR 2576 EAS 
‘‘(2) shall be disclosed if the information is to be 
disclosed to a contractor of the United States and em-
ployees 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 Ad-
ministrator may specify; 
‘‘(3) shall be disclosed if the Administrator deter-
mines that disclosure is necessary to protect health or 
the environment; 
‘‘(4) shall be disclosed if the information is to be 
disclosed to a State or political subdivision of a State, 
on written request, for the purpose of development, 
administration, or enforcement of a law, if 1 or more 
applicable agreements with the Administrator that 
are consistent with the guidance issued under sub-
section (d)(3)(B) ensure that the recipient will take 
appropriate measures, and has adequate authority, to 
maintain the confidentiality of the information in ac-
cordance with procedures comparable to the proce-
dures used by the Administrator to safeguard the in-
formation;
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† HR 2576 EAS 
‘‘(5) shall be disclosed if a health or environ-
mental professional employed by a Federal or State 
agency or a treating physician or nurse in a non-
emergency situation provides a written statement of 
need and agrees to sign a written confidentiality 
agreement with the Administrator, subject to the con-
ditions that— 
‘‘(A) the statement of need and confiden-
tiality agreement are consistent with the guid-
ance 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 environ-
mental release or exposure; and 
‘‘(ii) 1 or more individuals being diag-
nosed or treated have been exposed to the 
chemical substance concerned, or an envi-
ronmental release or exposure has occurred; 
and
126 
† HR 2576 EAS 
‘‘(C) the confidentiality agreement shall 
provide that the person will not use the informa-
tion for any purpose other than the health or en-
vironmental needs asserted in the statement of 
need, except as otherwise may be authorized by 
the terms of the agreement or by the person sub-
mitting the information to the Administrator, 
except that nothing in this Act prohibits the dis-
closure of any such information through dis-
covery, subpoena, other court order, or any other 
judicial process otherwise allowed under applica-
ble Federal or State law; 
‘‘(6) shall be disclosed if in the event of an emer-
gency, 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 re-
127 
† HR 2576 EAS 
sponder shall have a reasonable basis to suspect 
that— 
‘‘(i) a medical or public health or envi-
ronmental emergency exists; 
‘‘(ii) the information is necessary for, 
or will assist in, emergency or first-aid di-
agnosis or treatment; or 
‘‘(iii) 1 or more individuals being di-
agnosed or treated have likely been exposed 
to the chemical substance concerned, or a se-
rious environmental release of or exposure 
to the chemical substance concerned has oc-
curred; 
‘‘(B) if requested by the person submitting 
the information to the Administrator, the treat-
ing physician, nurse, agent, public health or en-
vironmental official of a State or a political sub-
division 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
128 
† HR 2576 EAS 
as practicable, but not necessarily before the in-
formation is disclosed; 
‘‘(7) may be disclosed if the Administrator deter-
mines that disclosure is relevant in a proceeding 
under this Act, subject to the condition that the disclo-
sure shall be made in such a manner as to preserve 
confidentiality to the maximum extent practicable 
without impairing the proceeding; 
‘‘(8) shall be disclosed if the information is to be 
disclosed, on written request of any duly authorized 
congressional committee, to that committee; or 
‘‘(9) shall be disclosed if the information is re-
quired 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 NOT SUBJECT TO TIME 
LIMIT
FOR
PROTECTION
FROM
DISCLOSURE.— 
Subject to paragraph (2), the Administrator 
shall protect from disclosure information de-
scribed in subsection (b) that meets the require-
ments of subsections (a) and (d), unless— 
‘‘(i) the person that asserted the claim 
notifies the Administrator that the person is 
withdrawing the claim, in which case the
129 
† HR 2576 EAS 
Administrator shall promptly make the in-
formation available to the public; or 
‘‘(ii) the Administrator otherwise be-
comes aware that the information does not 
qualify or no longer qualifies for protection 
against disclosure under subsection (a), in 
which case the Administrator shall take any 
actions required under subsection (g)(2). 
‘‘(B) INFORMATION SUBJECT TO TIME LIMIT 
FOR PROTECTION FROM DISCLOSURE.—Subject to 
paragraph (2), the Administrator shall protect 
from disclosure information, other than informa-
tion described in subsection (b), that meets the 
requirements of subsections (a) and (d) for a pe-
riod of 10 years, unless, prior to the expiration 
of the period— 
‘‘(i) the person that asserted the claim 
notifies the Administrator that the person is 
withdrawing the claim, in which case the 
Administrator shall promptly make the in-
formation available to the public; or 
‘‘(ii) the Administrator otherwise be-
comes aware that the information does not 
qualify or no longer qualifies for protection 
against disclosure under subsection (a), in
130 
† HR 2576 EAS 
which case the Administrator shall take any 
actions required under subsection (g)(2). 
‘‘(C) EXTENSIONS.— 
‘‘(i) IN GENERAL.—Not later than the 
date that is 60 days before the expiration of 
the period described in subparagraph (B), 
the Administrator shall provide to the per-
son 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 expi-
ration of the period described in sub-
paragraph (B), a person reasserting 
the relevant claim shall submit to the 
Administrator a request for extension 
substantiating, in accordance with sub-
section (d)(2), the need to extend the 
period. 
‘‘(II) 
ACTION
BY
ADMINIS-
TRATOR.—Not later than the date of 
expiration of the period described in 
subparagraph (B), the Administrator 
shall, in accordance with subsection 
(g)(1)(C)—
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† HR 2576 EAS 
‘‘(aa) review the request sub-
mitted under subclause (I); 
‘‘(bb) make a determination 
regarding whether the claim for 
which the request was submitted 
continues to meet the relevant cri-
teria established under this sec-
tion; and 
‘‘(cc)(AA) grant an extension 
of 10 years; or 
‘‘(BB) deny the request. 
‘‘(D) NO
LIMIT
ON
NUMBER
OF
EXTEN-
SIONS.—There shall be no limit on the number 
of extensions granted under subparagraph (C), if 
the Administrator determines that the relevant 
request under subparagraph (C)(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 of information against disclosure 
under subsection (a) and require any person that
132 
† HR 2576 EAS 
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 deter-
mination under section 6(c)(1)(C); 
‘‘(iii) for any inactive chemical sub-
stance 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 Adminis-
trator in conducting safety assessments and 
safety determinations under subsections (b) 
and (c) of section 6 or promulgating rules 
pursuant to section 6(d). 
‘‘(B) REVIEW
REQUIRED.—The Adminis-
trator shall review a claim for protection of in-
formation against disclosure under subsection (a)
133 
† HR 2576 EAS 
and require any person that has claimed protec-
tion for that information, whether before, on, or 
after the date of enactment of the Frank R. Lau-
tenberg 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 determine whether 
the information qualifies for an exemption 
from disclosure in connection with a request 
for information received by the Adminis-
trator under section 552 of title 5, United 
States Code; 
‘‘(ii) if the Administrator has a rea-
sonable basis to believe that the information 
does not qualify for protection against dis-
closure under subsection (a); 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 Admin-
istrator makes a request under subparagraph (A) 
or (B), the recipient of the request shall— 
‘‘(i) reassert and substantiate or re-
substantiate the claim; or
134 
† HR 2576 EAS 
‘‘(ii) withdraw the claim. 
‘‘(D) PERIOD OF PROTECTION.—Protection 
from disclosure of information subject to a claim 
that is reviewed and approved by the Adminis-
trator under this paragraph shall be extended for 
a period of 10 years from the date of approval, 
subject to any subsequent request by the Admin-
istrator 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 ge-
neric 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 identi-
fier, for which claims to protect the specific 
chemical identity from disclosure have been ap-
proved, including the expiration date for each 
such claim;
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† HR 2576 EAS 
‘‘(C) ensure that any nonconfidential infor-
mation received by the Administrator with re-
spect to such a chemical substance during the pe-
riod 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 or expired, or that has been with-
drawn by the submitter, provide public access to 
the specific chemical identity clearly linked to all 
nonconfidential information received by the Ad-
ministrator with respect to the chemical sub-
stance. 
‘‘(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 re-
quest for extension of a claim under subsection 
(f), review and approve, modify, or deny the 
claim or request.
136 
† HR 2576 EAS 
‘‘(B) REASONS FOR DENIAL OR MODIFICA-
TION.—If the Administrator denies or modifies a 
claim or request under subparagraph (A), the 
Administrator shall provide to the person that 
submitted the claim or request a written state-
ment of the reasons for the denial or modifica-
tion of the claim or request. 
‘‘(C) SUBSETS.—The Administrator shall— 
‘‘(i) except for claims described in sub-
section (b)(8), review all claims or requests 
under this section for the protection against 
disclosure of the specific identity of a chem-
ical substance; and 
‘‘(ii) review a representative subset, 
comprising at least 25 percent, of all other 
claims or requests for protection against 
disclosure. 
‘‘(D) EFFECT
OF
FAILURE
TO
ACT.—The 
failure of the Administrator to make a decision 
regarding a claim or request for protection 
against disclosure or extension under this section 
shall not be the basis for denial or elimination 
of a claim or request for protection against dis-
closure. 
‘‘(2) NOTIFICATION.—
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† HR 2576 EAS 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B) and subsections (c), (e), and 
(f), if the Administrator denies or modifies a 
claim or request under paragraph (1), intends to 
release information pursuant to subsection (e), or 
promulgates a rule under section 6(d) estab-
lishing a ban or phase-out of a chemical sub-
stance, 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.—Except 
as provided in subparagraph (C), the Adminis-
trator shall not release information under this 
subsection until the date that is 30 days after the 
date on which the person that submitted the re-
quest receives notification under subparagraph 
(A). 
‘‘(C) 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 sub-
mitted the claim or request receives a notifi-
138 
† HR 2576 EAS 
cation, unless the Administrator determines 
that release of the information is necessary 
to protect against an imminent and sub-
stantial harm to health or the environment, 
in which case no prior notification shall be 
necessary. 
‘‘(ii) NOTIFICATION AS SOON AS PRAC-
TICABLE.—For information under para-
graphs (4) and (6) of subsection (e), the Ad-
ministrator shall notify the person that sub-
mitted the information that the information 
has been disclosed as soon as practicable 
after disclosure of the information. 
‘‘(iii) NO NOTIFICATION REQUIRED.— 
Notification shall not be required— 
‘‘(I) for the disclosure of informa-
tion under paragraph (1), (2), (7), or 
(9) of subsection (e); or 
‘‘(II) for the disclosure of informa-
tion for which— 
‘‘(aa) a notice under sub-
section (f)(1)(C)(i) was received; 
and 
‘‘(bb) no request was received 
by the Administrator on or before
139 
† HR 2576 EAS 
the date of expiration of the pe-
riod for which protection from 
disclosure applies. 
‘‘(3) REBUTTABLE PRESUMPTION.— 
‘‘(A) IN GENERAL.—With respect to notifi-
cations provided by the Administrator under 
paragraph (2) with respect to information per-
taining to a chemical substance subject to a rule 
as described in subsection (c)(3), there shall be a 
rebuttable presumption that the public interest 
in disclosing confidential information related to 
a chemical substance subject to a rule promul-
gated under section 6(d) that establishes a ban or 
phase-out of the manufacture, processing, or dis-
tribution in commerce of the substance outweighs 
the proprietary interest in maintaining the pro-
tection from disclosure of that information. 
‘‘(B) REQUEST
FOR
NONDISCLOSURE.—A 
person that receives a notification under para-
graph (2) with respect to the information de-
scribed in subparagraph (A) may submit to the 
Administrator, before the date on which the in-
formation is to be released pursuant to para-
graph (2)(B), a request with supporting docu-
mentation describing why the person believes
140 
† HR 2576 EAS 
some or all of that information should not be dis-
closed. 
‘‘(C) 
DETERMINATION
BY
ADMINIS-
TRATOR.— 
‘‘(i) IN GENERAL.—Not later than 30 
days after the Administrator receives a re-
quest under subparagraph (B), the Admin-
istrator shall determine whether the docu-
mentation provided by the person making 
the request rebuts or does not rebut the pre-
sumption described in subparagraph (A), 
for all or a portion of the information that 
the person has requested not be disclosed. 
‘‘(ii) OBJECTIVE.—The Administrator 
shall make the determination with the objec-
tive of ensuring that information relevant to 
protection of health and the environment is 
disclosed to the maximum extent prac-
ticable. 
‘‘(D) TIMING.—Not later than 30 days after 
making the determination described in subpara-
graph (C), the Administrator shall make public 
the information the Administrator has deter-
mined is not to be protected from disclosure.
141 
† HR 2576 EAS 
‘‘(E) NO TIMELY REQUEST RECEIVED.—If 
the Administrator does not receive, before the 
date on which the information described in sub-
paragraph (A) is to be released pursuant to 
paragraph (2)(B), a request pursuant to sub-
paragraph (B), the Administrator shall prompt-
ly make public all of the information. 
‘‘(4) APPEALS.— 
‘‘(A) IN GENERAL.—If a person receives a 
notification under paragraph (2) and believes 
disclosure of the information is prohibited under 
subsection (a), before the date on which the infor-
mation is to be released pursuant to paragraph 
(2)(B), the person may bring an action to re-
strain disclosure of the information in— 
‘‘(i) the United States district court of 
the district in which the complainant re-
sides 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
142 
† HR 2576 EAS 
date on which the applicable court rules on an 
action under subparagraph (A). 
‘‘(5) REQUEST AND NOTIFICATION SYSTEM.—The 
Administrator, in consultation with the Director of 
the Centers for Disease Control and Prevention, shall 
develop a request and notification system that allows 
for expedient and swift access to information disclosed 
pursuant to paragraphs (5) and (6) of subsection (e) 
in a format and language that is readily accessible 
and understandable. 
‘‘(h) CRIMINAL PENALTY
FOR WRONGFUL DISCLO-
SURE.— 
‘‘(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 impris-
oned 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—
143 
† HR 2576 EAS 
‘‘(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 man-
ner 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 oth-
erwise obtained under this Act. 
‘‘(3) CONTRACTORS.—For purposes of this sub-
section, 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 Fed-
eral law, the Administrator shall have no authority—
144 
† HR 2576 EAS 
‘‘(A) to require the substantiation or re-
substantiation of a claim for the protection from 
disclosure of information reported to or otherwise 
obtained by the Administrator under this Act be-
fore the date of enactment of the Frank R. Lau-
tenberg Chemical Safety for the 21st Century 
Act; or 
‘‘(B) to impose substantiation or resubstan-
tiation requirements under this Act that are 
more extensive than those required under this 
section. 
‘‘(2) ACTIONS
PRIOR
TO
PROMULGATION
OF 
RULES.—Nothing in this Act prevents the Adminis-
trator from reviewing, requiring substantiation or re-
substantiation for, or approving, modifying or deny-
ing any claim for the protection from disclosure of in-
formation before the effective date of such rules appli-
cable to those claims as the Administrator may pro-
mulgate after the date of enactment of the Frank R. 
Lautenberg Chemical Safety for the 21st Century 
Act.’’. 
SEC. 15. PROHIBITED ACTS. 
Section 15 of the Toxic Substances Control Act (15 
U.S.C. 2614) is amended by striking paragraph (1) and 
inserting the following:
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‘‘(1) fail or refuse to comply with— 
‘‘(A) any rule promulgated, consent agree-
ment entered into, or order issued under section 
4; 
‘‘(B) any requirement under section 5 or 6; 
‘‘(C) any rule promulgated, consent agree-
ment entered into, or order issued under section 
5 or 6; or 
‘‘(D) any requirement of, or any rule pro-
mulgated or order issued pursuant to title II;’’. 
SEC. 16. PENALTIES. 
Section 16 of the Toxic Substances Control Act (15 
U.S.C. 2615) is amended— 
(1) in subsection (a)(1)— 
(A) in the first sentence, by striking 
‘‘$25,000’’ and inserting ‘‘$37,500’’; and 
(B) in the second sentence, by striking‘‘ vio-
lation of section 15 or 409’’ and inserting ‘‘viola-
tion of this Act’’; and 
(2) in subsection (b)— 
(A) by striking ‘‘Any person who’’ and in-
serting the following: 
‘‘(1) IN GENERAL.—Any person that’’; 
(B) by striking ‘‘$25,000’’ and inserting 
‘‘$50,000’’; and
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(C) by adding at the end the following: 
‘‘(2) IMMINENT DANGER OF DEATH OR SERIOUS 
BODILY INJURY.— 
‘‘(A) IN GENERAL.—Any person that know-
ingly or willfully violates any provision of sec-
tion 15 or 409, and that knows at the time of 
the violation that the violation places an indi-
vidual 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 subpara-
graph (A) shall be subject on conviction to a fine 
of not more than $1,000,000 for each violation. 
‘‘(C) INCORPORATION
OF
CORRESPONDING 
PROVISIONS.—Subparagraphs (B) through (F) of 
section 113(c)(5) of the Clean Air Act (42 U.S.C. 
7413(c)(5)) shall apply to the prosecution of a 
violation under this paragraph.’’. 
SEC. 17. STATE-FEDERAL RELATIONSHIP. 
Section 18 of the Toxic Substances Control Act (15 
U.S.C. 2617) is amended by striking subsections (a) and 
(b) and inserting the following: 
‘‘(a) IN GENERAL.—
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† HR 2576 EAS 
‘‘(1) ESTABLISHMENT OR ENFORCEMENT.—Ex-
cept as provided in subsections (c), (d), (e), (f), and 
(g), and subject to paragraph (2), no State or polit-
ical subdivision of a State may establish or continue 
to enforce any of the following: 
‘‘(A) TESTING.—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 in-
formation required under section 4, 5, or 6 in— 
‘‘(i) a rule promulgated by the Admin-
istrator; 
‘‘(ii) a testing consent agreement en-
tered into by the Administrator; or 
‘‘(iii) an order issued by the Adminis-
trator. 
‘‘(B) CHEMICAL
SUBSTANCES
FOUND
TO 
MEET
THE
SAFETY
STANDARD
OR
RE-
STRICTED.—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 deter-
mination made under section 6; or
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‘‘(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 determina-
tion 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 Admin-
istrator 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 statutes and 
administrative actions applicable to specific sub-
stances shall not occur until the effective date of the 
applicable action described in paragraph (1) taken by 
the Administrator. 
‘‘(b) NEW STATUTES OR ADMINISTRATIVE ACTIONS 
CREATING PROHIBITIONS OR OTHER RESTRICTIONS.— 
‘‘(1) IN GENERAL.—Except as provided in sub-
sections (c), (d), (e), (f), and (g), beginning on the 
date on which the Administrator defines and pub-
lishes the scope of a safety assessment and safety de-
termination under section 6(a)(2) and ending on the
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date on which the deadline established pursuant to 
section 6(a) for completion of the safety determination 
expires, or on the date on which the Administrator 
publishes the safety determination under section 6(a), 
whichever is earlier, no State or political subdivision 
of a State may establish a statute or administrative 
action prohibiting or restricting the manufacture, 
processing, distribution in commerce or use of a 
chemical substance that is a high-priority substance 
designated under section 4A. 
‘‘(2) EFFECT OF SUBSECTION.— 
‘‘(A) IN
GENERAL.—This subsection does 
not restrict the authority of a State or political 
subdivision of a State to continue to enforce any 
statute enacted, or administrative action taken, 
prior to the date on which the Administrator de-
fines and publishes the scope of a safety assess-
ment and safety determination under section 
6(a)(2). 
‘‘(B) LIMITATION.—Subparagraph (A) does 
not allow a State or political subdivision of a 
State to enforce any new prohibition or restric-
tion under a statute or administrative action de-
scribed in that subparagraph, if the prohibition
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† HR 2576 EAS 
or restriction is established after the date de-
scribed in that subparagraph. 
‘‘(c) SCOPE
OF PREEMPTION.—Federal preemption 
under subsections (a) and (b) of statutes and administrative 
actions applicable to specific substances shall apply only 
to— 
‘‘(1) the chemical substances or category of sub-
stances subject to a rule, order, or consent agreement 
under section 4; 
‘‘(2) the hazards, exposures, risks, and 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 de-
termination made by the Administrator for the sub-
stance, or of any rule the Administrator promulgates 
pursuant to section 6(d); or 
‘‘(3) the uses of such substances that the Admin-
istrator has specified as significant new uses and for 
which the Administrator has required notification 
pursuant to a rule promulgated under section 5. 
‘‘(d) EXCEPTIONS.— 
‘‘(1) NO PREEMPTION OF STATUTES AND ADMIN-
ISTRATIVE ACTIONS.— 
‘‘(A) IN
GENERAL.—Nothing in this Act, 
nor any amendment made by this Act, nor any
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rule, standard of performance, safety determina-
tion, or scientific assessment implemented pursu-
ant 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 pro-
tection for public health or the environment 
that— 
‘‘(i) is adopted or authorized under the 
authority of any other Federal law or 
adopted to satisfy or obtain authorization 
or approval under any other Federal law; 
‘‘(ii) implements a reporting, moni-
toring, disclosure, or other information obli-
gation for the chemical substance not other-
wise required by the Administrator under 
this Act or required under any other Fed-
eral law; 
‘‘(iii) is adopted pursuant to authority 
under a law of the State or political sub-
division of the State related to water qual-
ity, air quality, or waste treatment or dis-
posal, except to the extent that the action— 
‘‘(I) imposes a restriction on the 
manufacture, processing, distribution
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in commerce, or use of a chemical sub-
stance; and 
‘‘(II)(aa) addresses the same haz-
ards and exposures, with respect to the 
same conditions of use as are included 
in the scope of the safety determination 
pursuant to section 6, but is incon-
sistent with the action of the Adminis-
trator; or 
‘‘(bb) would cause a violation of 
the applicable action by the Adminis-
trator under section 5 or 6; or 
‘‘(iv) subject to subparagraph (B), is 
identical to a requirement prescribed by the 
Administrator. 
‘‘(B) IDENTICAL REQUIREMENTS.— 
‘‘(i) IN GENERAL.—The penalties and 
other sanctions applicable under a law of a 
State or political subdivision of a State in 
the event of noncompliance with the iden-
tical requirement shall be no more stringent 
than the penalties and other sanctions 
available to the Administrator under section 
16 of this Act.
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‘‘(ii) PENALTIES.—In the case of an 
identical requirement— 
‘‘(I) a State or political subdivi-
sion of a State may not assess a pen-
alty for a specific violation for which 
the Administrator has assessed an ade-
quate penalty under section 16; and 
‘‘(II) if a State or political sub-
division of a State has assessed a pen-
alty for a specific violation, the Ad-
ministrator may not assess a penalty 
for that violation in an amount that 
would cause the total of the penalties 
assessed for the violation by the State 
or political subdivision of a State and 
the Administrator combined to exceed 
the maximum amount that may be as-
sessed for that violation by the Admin-
istrator under section 16. 
‘‘(2) APPLICABILITY TO CERTAIN RULES OR OR-
DERS.—Notwithstanding subsection (e)— 
‘‘(A) nothing in this section shall be con-
strued 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
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† HR 2576 EAS 
21st Century Act, of any rule or order promul-
gated or issued under this Act prior to that effec-
tive date; and 
‘‘(B) with respect to a chemical substance or 
mixture for which any rule or order was promul-
gated or issued under section 6 prior to the effec-
tive date of the Frank R. Lautenberg Chemical 
Safety for the 21st Century Act with regards to 
manufacturing, processing, distribution in com-
merce, use, or disposal of a chemical substance, 
this section (as in effect on the day before the ef-
fective 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 pro-
mulgated or issued respecting such chemical sub-
stance 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 fol-
lows 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(c). 
‘‘(e) PRESERVATION OF CERTAIN LAWS.—
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† HR 2576 EAS 
‘‘(1) IN GENERAL.—Nothing in this Act, subject 
to subsection (g) of this section, shall— 
‘‘(A) be construed to preempt or otherwise 
affect the authority of a State or political sub-
division of a State to continue to enforce any ac-
tion taken before August 1, 2015, under the au-
thority of a law of the State or political subdivi-
sion of the State that prohibits or otherwise re-
stricts manufacturing, processing, distribution in 
commerce, use, or disposal of a chemical sub-
stance; 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 be-
tween Federal law and laws of a State or political 
subdivision of a State pursuant to any other Federal 
law. 
‘‘(f) WAIVERS.— 
‘‘(1) DISCRETIONARY
EXEMPTIONS.—Upon ap-
plication of a State or political subdivision of a 
State, the Administrator may by rule, exempt from 
subsection (a), under such conditions as may be pre-
scribed in the rule, a statute or administrative action
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† HR 2576 EAS 
of that State or political subdivision of the State that 
relates to the effects of, or exposure to, a chemical sub-
stance under the conditions of use if the Adminis-
trator determines that— 
‘‘(A) compelling conditions warrant grant-
ing the waiver to protect health or the environ-
ment; 
‘‘(B) compliance with the proposed require-
ment of the State or political subdivision of the 
State would not unduly burden interstate com-
merce in the manufacture, processing, distribu-
tion in commerce, or use of a chemical substance; 
‘‘(C) compliance with the proposed require-
ment of the State or political subdivision of the 
State would not cause a violation of any appli-
cable Federal law, rule, or order; and 
‘‘(D) in the judgment of the Administrator, 
the proposed requirement of the State or political 
subdivision of the State is designed to address a 
risk of a chemical substance, under the condi-
tions of use, that was identified— 
‘‘(i) consistent with the best available 
science;
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† HR 2576 EAS 
‘‘(ii) using supporting studies con-
ducted in accordance with sound and objec-
tive scientific practices; and 
‘‘(iii) based on the weight of the sci-
entific evidence. 
‘‘(2) REQUIRED
EXEMPTIONS.—Upon applica-
tion of a State or political subdivision of a State, the 
Administrator shall exempt from subsection (b) a 
statute or administrative action of a State or polit-
ical subdivision of a State that relates to the effects 
of exposure to a chemical substance under the condi-
tions of use if the Administrator determines that— 
‘‘(A) compliance with the proposed require-
ment of the State or political subdivision of the 
State would not unduly burden interstate com-
merce in the manufacture, processing, distribu-
tion in commerce, or use of a chemical substance; 
‘‘(B) compliance with the proposed require-
ment of the State or political subdivision of the 
State would not cause a violation of any appli-
cable Federal law, rule, or order; and 
‘‘(C) the State or political subdivision of the 
State has a concern about the chemical substance 
or use of the chemical substance based in peer- 
reviewed science.
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‘‘(3) DETERMINATION OF A WAIVER REQUEST.— 
The duty of the Administrator to grant or deny a 
waiver application shall be nondelegable and shall be 
exercised— 
‘‘(A) not later than 180 days after the date 
on which an application under paragraph (1) is 
submitted; and 
‘‘(B) not later than 110 days after the date 
on which an application under paragraph (2) is 
submitted. 
‘‘(4) FAILURE TO MAKE DETERMINATION.—If the 
Administrator fails to make a determination under 
paragraph (3)(B) during the 110-day period begin-
ning on the date on which an application under 
paragraph (2) is submitted, the statute or adminis-
trative action of the State or political subdivision of 
the State that was the subject of the application shall 
not be considered to be an existing statute or admin-
istrative action for purposes of subsection (b) by rea-
son of the failure of the Administrator to make a de-
termination. 
‘‘(5) NOTICE AND COMMENT.—Except in the case 
of an application approved under paragraph (9), the 
application of a State or political subdivision of a 
State shall be subject to public notice and comment.
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† HR 2576 EAS 
‘‘(6) FINAL AGENCY ACTION.—The decision of the 
Administrator on the application of a State or polit-
ical subdivision of a State shall be— 
‘‘(A) considered to be a final agency action; 
and 
‘‘(B) subject to judicial review. 
‘‘(7) DURATION OF WAIVERS.—A waiver granted 
under paragraph (2) or approved under paragraph 
(9) shall remain in effect until such time as the Ad-
ministrator publishes the safety determination under 
section 6(a)(4). 
‘‘(8) JUDICIAL REVIEW OF WAIVERS.—Not later 
than 60 days after the date on which the Adminis-
trator makes a determination on an application of a 
State or political subdivision of a State under para-
graph (1) or (2), any person may file a petition for 
judicial review in the United States Court of Appeals 
for the District of Columbia Circuit, which shall have 
exclusive jurisdiction over the determination. 
‘‘(9) APPROVAL.— 
‘‘(A) AUTOMATIC APPROVAL.—If the Admin-
istrator fails to meet the deadline established 
under paragraph (3)(B), the application of a 
State or political subdivision of a State under 
paragraph (2) shall be automatically approved,
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† HR 2576 EAS 
effective on the date that is 10 days after the 
deadline. 
‘‘(B) 
REQUIREMENTS.—Notwithstanding 
paragraph (6), approval of a waiver application 
under subparagraph (A) for failure to meet the 
deadline under paragraph (3)(B) shall not be 
considered final agency action or be subject to ju-
dicial review or public notice and comment. 
‘‘(g) SAVINGS.— 
‘‘(1) NO PREEMPTION OF COMMON LAW OR STAT-
UTORY
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 sup-
plant 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
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† HR 2576 EAS 
by this Act, shall preempt or preclude any cause 
of action for personal injury, wrongful death, 
property damage, or other injury based on neg-
ligence, strict liability, products liability, failure 
to warn, or any other legal theory of liability 
under any State law, maritime law, or Federal 
common law or statutory theory. 
‘‘(2) NO EFFECT ON PRIVATE REMEDIES.— 
‘‘(A) IN
GENERAL.—Nothing in this Act, 
nor any amendments made by this Act, nor any 
rules, regulations, requirements, safety assess-
ments, safety determinations, scientific assess-
ments, or orders issued pursuant to this Act shall 
be interpreted as, in either the plaintiff’s or de-
fendant’s favor, dispositive in any civil action. 
‘‘(B) AUTHORITY
OF
COURTS.—This Act 
does not affect the authority of any court to 
make a determination in an adjudicatory pro-
ceeding under applicable State or Federal law 
with respect to the admission into evidence or 
any other use of this Act or rules, regulations, re-
quirements, standards of performance, safety as-
sessments, scientific assessments, or orders issued 
pursuant to this Act.’’.
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† HR 2576 EAS 
SEC. 18. JUDICIAL REVIEW. 
Section 19 of the Toxic Substances Control Act (15 
U.S.C. 2618) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) in the first sentence— 
(aa) by striking ‘‘Not’’ and 
inserting ‘‘Except as otherwise 
provided in this title, not’’; 
(bb) 
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 ‘‘this title or title II or 
IV, or an order under section 
6(c)(1)(A)’’; and 
(cc) by striking ‘‘judicial re-
view of such rule’’ and inserting 
‘‘judicial review of such rule or 
order’’; and 
(II) in the second sentence, by 
striking ‘‘such a rule’’ and inserting 
‘‘such a rule or order’’; and 
(ii) in subparagraph (B)—
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† HR 2576 EAS 
(I) by striking ‘‘Courts’’ and in-
serting ‘‘Except as otherwise provided 
in this title, courts’’; and 
(II) by striking ‘‘an order issued 
under subparagraph (A) or (B) of sec-
tion 6(b)(1)’’ and inserting ‘‘an order 
issued under this title’’; 
(B) in paragraph (2), in the second sen-
tence, by striking ‘‘the filing of the rulemaking 
record of proceedings on which the Administrator 
based the rule being reviewed’’ and inserting ‘‘the 
filing of the record of proceedings on which the 
Administrator based the rule or order being re-
viewed’’; and 
(C) by striking paragraph (3) and inserting 
the following: 
‘‘(3) JUDICIAL REVIEW OF LOW-PRIORITY DECI-
SIONS.— 
‘‘(A) IN GENERAL.—Not later than 60 days 
after the publication of a designation under sec-
tion 4A(b)(4), or a designation under section 
4A(b)(8) of a chemical substance as a low-pri-
ority substance, any person may commence a 
civil action to challenge the designation.
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† HR 2576 EAS 
‘‘(B) JURISDICTION.—The United States 
Court of Appeals for the District of Columbia 
Circuit shall have exclusive jurisdiction over a 
civil action filed under this paragraph.’’; 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), 
6(d), or 6(g), or an order under section 
6(c)(1)(A)’’; and 
(ii) by striking ‘‘evidence in the rule-
making 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 con-
tents 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.’’.
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† HR 2576 EAS 
SEC. 19. CITIZENS’ CIVIL ACTIONS. 
Section 20 of the Toxic Substances Control Act (15 
U.S.C. 2619) is amended— 
(1) in subsection (a)(1), by striking ‘‘or order 
issued under section 5’’ and inserting ‘‘or order issued 
under section 4 or 5’’; and 
(2) in subsection (b)— 
(A) in paragraph (1)(B), by striking ‘‘or’’ 
at the end; 
(B) in paragraph (2), by striking the period 
at the end and inserting ‘‘, except that no prior 
notification shall be required in the case of a 
civil action brought to compel a decision by the 
Administrator pursuant to section 18(f)(3)(B); 
or’’; and 
(C) by adding at the end the following: 
‘‘(3) in the case of a civil action brought to com-
pel a decision by the Administrator pursuant to sec-
tion 18(f)(3)(B), after the date that is 60 days after 
the deadline specified in section 18(f)(3)(B).’’. 
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
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† HR 2576 EAS 
(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 subpara-
graph (B) and inserting the following: 
‘‘(B) DE NOVO PROCEEDING.— 
‘‘(i) IN GENERAL.—In an action under 
subparagraph (A) to initiate a proceeding 
to issue a rule pursuant to section 4, 5, 6, 
or 8 or issue an order under section 4 or 
5(d), the petitioner shall be provided an op-
portunity 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 subpara-
graph shall order the Administrator to 
initiate the action requested by the pe-
titioner if the petitioner demonstrates 
to the satisfaction of the court by a 
preponderance of the evidence that— 
‘‘(aa) in the case of a peti-
tion to initiate a proceeding for
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† HR 2576 EAS 
the issuance of a rule or order 
under section 4, the information 
is needed for a purpose identified 
in section 4(a); 
‘‘(bb) in the case of a petition 
to issue an order under section 
5(d), 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), the chemical substance does 
not meet the safety standard; or 
‘‘(dd) in the case of a peti-
tion to initiate a proceeding for 
the issuance of a rule under sec-
tion 8, there is a reasonable basis 
to conclude that the rule is nec-
essary to protect health or the en-
vironment or ensure that the 
chemical substance meets the safe-
ty standard. 
‘‘(II) DEFERMENT.—The court in 
a de novo proceeding under this sub-
paragraph may permit the Adminis-
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† HR 2576 EAS 
trator to defer initiating the action re-
quested 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 en-
vironment with respect to which 
the Administrator is taking action 
under this Act; and 
‘‘(bb) there are insufficient 
resources available to the Admin-
istrator to take the action re-
quested 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 require-
ments of this Act;’’. 
SEC. 22. STUDIES. 
Section 25 of the Toxic Substances Control Act (15 
U.S.C. 2624) is repealed.
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† HR 2576 EAS 
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 es-
tablish, not later than 1 year after the date of enact-
ment 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 re-
questing 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 pur-
suant to the rule promulgated under section 
8(b)(4)(A)(i) identifying a chemical sub-
stance 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 in-
active to active; 
‘‘(iii) is required to report information 
pursuant to the rules promulgated under 
paragraph (1) or (4) of section 8(a); or
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† HR 2576 EAS 
‘‘(iv) manufactures or processes a 
chemical substance subject to a safety assess-
ment and safety determination pursuant to 
section 6. 
‘‘(2) UTILIZATION AND COLLECTION OF FEES.— 
The Administrator shall— 
‘‘(A) utilize the fees collected under para-
graph (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 sub-
stances under this Act; 
‘‘(ii) to review notices and make deter-
minations for chemical substances under 
paragraphs (1) and (3) of section 5(d) and 
impose any necessary restrictions under sec-
tion 5(d)(4); 
‘‘(iii) to make prioritization decisions 
under section 4A; 
‘‘(iv) to conduct and complete safety 
assessments and determinations under sec-
tion 6; and 
‘‘(v) to conduct any necessary rule-
making pursuant to section 6(d);
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‘‘(B) insofar as possible, collect the fees de-
scribed in paragraph (1) in advance of con-
ducting any fee-supported activity; 
‘‘(C) deposit the fees in the Fund established 
by paragraph (4)(A); and 
‘‘(D) insofar as possible, not collect excess 
fees or retain a significant amount of unused 
fees. 
‘‘(3) AMOUNT AND ADJUSTMENT OF FEES; RE-
FUNDS.—In setting fees under this section, the Ad-
ministrator shall— 
‘‘(A) prescribe lower fees for small business 
concerns, after consultation with the Adminis-
trator of the Small Business Administration; 
‘‘(B) set the fees established under para-
graph (1) at levels such that the fees will, in ag-
gregate, provide a sustainable source of funds to 
annually defray— 
‘‘(i) the lower of— 
‘‘(I) 25 percent of the costs of con-
ducting the activities identified in 
paragraph (2)(A), other than the costs 
to conduct and complete safety assess-
ments and determinations under sec-
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tion 6 for chemical substances identi-
fied pursuant to section 4A(c); or 
‘‘(II) $25,000,000 (subject to ad-
justment pursuant to subparagraph 
(F)); and 
‘‘(ii) the full costs and the 50-percent 
portion of the costs of safety assessments 
and safety determinations specified in sub-
paragraph (D); 
‘‘(C) reflect an appropriate balance in the 
assessment of fees between manufacturers and 
processors, and allow the payment of fees by con-
sortia of manufacturers or processors; 
‘‘(D) notwithstanding subparagraph (B) 
and paragraph (4)(D)— 
‘‘(i) for substances designated pursuant 
to section 4A(c)(1), establish the fee at a 
level sufficient to defray the full annual 
costs to the Administrator of conducting the 
safety assessment and safety determination 
under section 6; and 
‘‘(ii) for substances designated pursu-
ant to section 4A(c)(3), establish the fee at 
a level sufficient to defray 50 percent of the 
annual costs to the Administrator of con-
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ducting the safety assessment and safety de-
termination under section 6; 
‘‘(E) prior to the establishment or amend-
ment of any fees under paragraph (1), consult 
and meet with parties potentially subject to the 
fees or their representatives, subject to the condi-
tion that no obligation under the Federal Advi-
sory Committee Act (5 U.S.C. App.) or sub-
chapter III of chapter 5 of title 5, United States 
Code, is applicable with respect to such meetings; 
‘‘(F) beginning with the fiscal year that is 
3 years after the date of enactment of the Frank 
R. Lautenberg Chemical Safety for the 21st Cen-
tury Act, and every 3 years thereafter, after con-
sultation with parties potentially subject to the 
fees and their representatives pursuant to sub-
paragraph (E), increase or decrease the fees es-
tablished under paragraph (1) as necessary to 
adjust for inflation and to ensure, based on the 
audit analysis required under paragraph (5)(B), 
that funds deposited in the Fund are sufficient 
to defray— 
‘‘(i) approximately but not more than 
25 percent of the annual costs to conduct 
the 
activities 
identified 
in 
paragraph
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† HR 2576 EAS 
(2)(A), other than the costs to conduct and 
complete safety assessments and determina-
tions under section 6 for chemical sub-
stances identified pursuant to section 4A(c); 
and 
‘‘(ii) the full annual costs and the 50- 
percent portion of the annual costs of safety 
assessments and safety determinations spec-
ified in subparagraph (D); 
‘‘(G) adjust fees established under para-
graph (1) as necessary to vary on account of dif-
fering circumstances, including reduced fees or 
waivers in appropriate circumstances, to reduce 
the burden on manufacturing or processing, re-
move barriers to innovation, or where the costs 
to the Administrator of collecting the fees exceed 
the fee revenue anticipated to be collected; and 
‘‘(H) 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 estab-
lished in the Treasury of the United States a 
fund, to be known as the ‘TSCA Implementation
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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 invest-
ment of amounts in the Fund; and 
‘‘(iii) any proceeds from the sale or re-
demption 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 obli-
gated for any purpose other than to de-
fray the costs of conducting the activi-
ties identified in paragraph (2)(A); 
‘‘(II) otherwise be available for 
any purpose other than implementa-
tion of this Act; and
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‘‘(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 sub-
section 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, partici-
pations, or other instruments that are law-
ful investments for fiduciary, trust, or pub-
lic funds. 
‘‘(D) MINIMUM
AMOUNT
OF
APPROPRIA-
TIONS.—Fees may not be assessed for a fiscal 
year under this section unless the amount of ap-
propriations for the Chemical Risk Review and 
Reduction program project of the Environmental 
Protection Agency for the fiscal year (excluding 
the amount of any fees appropriated for the fis-
cal year) are equal to or greater than the
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amount of appropriations for that program 
project for fiscal year 2014. 
‘‘(5) AUDITING.— 
‘‘(A) FINANCIAL
STATEMENTS
OF
AGEN-
CIES.—For the purpose of section 3515(c) of title 
31, United States Code, the Fund shall be con-
sidered a component of an executive agency. 
‘‘(B) COMPONENTS.—The annual audit re-
quired 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 es-
tablished in section 6 of this Act; 
‘‘(iii) the amounts budgeted, appro-
priated, 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 sec-
tion or activity; and 
‘‘(iv) the reasonableness of the alloca-
tion of the overhead associated with the con-
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† HR 2576 EAS 
duct 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 rec-
ommendations of the audit to the Adminis-
trator 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, Edu-
cation, and Welfare’’ each place it appears and in-
serting ‘‘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
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of enactment of the Frank R. Lautenberg Chemical Safety 
for the 21st Century Act.’’. 
SEC. 24. DEVELOPMENT AND EVALUATION OF TEST METH-
ODS AND SUSTAINABLE CHEMISTRY. 
(a) IN GENERAL.—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 in-
serting ‘‘Health and Human Services’’; and 
(2) by adding at the end the following: 
‘‘(c) NATIONAL COORDINATING ENTITY FOR SUSTAIN-
ABLE CHEMISTRY.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 days 
after the date of enactment of the Frank R. Lauten-
berg Chemical Safety for the 21st Century Act, the 
Director of the Office of Science and Technology Pol-
icy shall convene an entity under the National 
Science and Technology Council with the responsi-
bility to coordinate Federal programs and activities 
in support of sustainable chemistry, including, as ap-
propriate, at the National Science Foundation, the 
Department of Energy, the Department of Agri-
culture, the Environmental Protection Agency, the 
National Institute of Standards and Technology, the
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Department of Defense, the National Institutes of 
Health, and other related Federal agencies. 
‘‘(2) CHAIRMAN.—The entity described in para-
graph (1) shall be chaired by the Director of the Na-
tional Science Foundation and the Assistant Admin-
istrator for the Office of Research and Development of 
the Environmental Protection Agency, or their des-
ignees. 
‘‘(3) DUTIES.— 
‘‘(A) IN GENERAL.—The entity described in 
paragraph (1) shall— 
‘‘(i) develop a working definition of 
sustainable chemistry, after seeking advice 
and input from stakeholders as described in 
clause (v); 
‘‘(ii) oversee the planning, manage-
ment, and coordination of the Sustainable 
Chemistry Initiative described in subsection 
(d); 
‘‘(iii) develop a national strategy for 
sustainable chemistry as described in sub-
section (f); 
‘‘(iv) develop an implementation plan 
for sustainable chemistry as described in 
subsection (g); and
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‘‘(v) consult and coordinate with stake-
holders qualified to provide advice and in-
formation on the development of the initia-
tive, national strategy, and implementation 
plan for sustainable chemistry, at least once 
per year, to carry out activities that may 
include workshops, requests for information, 
and other efforts as necessary. 
‘‘(B) STAKEHOLDERS.—The stakeholders de-
scribed in subparagraph (A)(v) shall include rep-
resentatives from— 
‘‘(i) industry (including small- and 
medium-sized enterprises from across the 
value chain); 
‘‘(ii) the scientific community (includ-
ing the National Academy of Sciences, sci-
entific professional societies, and academia); 
‘‘(iii) the defense community; 
‘‘(iv) State, tribal, and local govern-
ments; 
‘‘(v) State or regional sustainable 
chemistry programs; 
‘‘(vi) nongovernmental organizations; 
and 
‘‘(vii) other appropriate organizations.
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‘‘(4) SUNSET.— 
‘‘(A) IN GENERAL.—On completion of the 
national strategy and accompanying implemen-
tation plan for sustainable chemistry as de-
scribed in paragraph (3), the Director of the Of-
fice of Science and Technology Policy— 
‘‘(i) shall review the need for further 
work; and 
‘‘(ii) may disband the entity described 
in paragraph (1) if no further efforts are 
determined to be necessary. 
‘‘(B) NOTICE AND JUSTIFICATION.—The Di-
rector of the Office of Science and Technology 
Policy shall provide notice and justification, in-
cluding an analysis of options to establish the 
Sustainable Chemistry Initiative described in 
subsection (d) and the partnerships described in 
subsection (e) within 1 or more appropriate Fed-
eral agencies, regarding a decision to disband the 
entity not less than 90 days prior to the termi-
nation date to the Committee on Science, Space, 
and Technology and the Committee on Energy 
and Commerce of the House of Representatives 
and the Committee on Environment and Public
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† HR 2576 EAS 
Works and the Committee on Commerce, Science, 
and Transportation of the Senate. 
‘‘(d) SUSTAINABLE CHEMISTRY INITIATIVE.—The enti-
ty described in subsection (c)(1) shall oversee the establish-
ment of an interagency Sustainable Chemistry Initiative 
to promote and coordinate activities designed— 
‘‘(1) to provide sustained support for sustainable 
chemistry research, development, demonstration, tech-
nology transfer, commercialization, education, and 
training through— 
‘‘(A) coordination and promotion of sus-
tainable chemistry research, development, dem-
onstration, and technology transfer conducted at 
Federal and national laboratories and Federal 
agencies and at public and private institutions 
of higher education; and 
‘‘(B) to the extent practicable, encourage-
ment of consideration of sustainable chemistry 
in, as appropriate— 
‘‘(i) the conduct of Federal, State, and 
private science and engineering research 
and development; and 
‘‘(ii) the solicitation and evaluation of 
applicable proposals for science and engi-
neering research and development;
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‘‘(2) to examine methods by which the Federal 
Government can offer incentives for consideration and 
use of sustainable chemistry processes and products 
that encourage competition and overcoming market 
barriers, including grants, loans, loan guarantees, 
and innovative financing mechanisms; 
‘‘(3) to expand the education and training of un-
dergraduate and graduate students and professional 
scientists and engineers, including through partner-
ships with industry as described in subsection (e), in 
sustainable chemistry science and engineering; 
‘‘(4) to collect and disseminate information on 
sustainable chemistry research, development, and 
technology transfer, including information on— 
‘‘(A) incentives and impediments to devel-
opment, manufacturing, and commercialization; 
‘‘(B) accomplishments; 
‘‘(C) best practices; and 
‘‘(D) costs and benefits; and 
‘‘(5) to support (including through technical as-
sistance, participation, financial support, or other 
forms of support) economic, legal, and other appro-
priate social science research to identify barriers to 
commercialization and methods to advance commer-
cialization of sustainable chemistry.
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† HR 2576 EAS 
‘‘(e) PARTNERSHIPS IN SUSTAINABLE CHEMISTRY.— 
‘‘(1) IN GENERAL.—The entity described in sub-
section (c)(1), itself or through an appropriate sub-
group designated or established by the entity, shall 
work through the agencies described in subsection 
(c)(1) to support, through financial, technical, or 
other assistance, the establishment of partnerships be-
tween institutions of higher education, nongovern-
mental organizations, consortia, and companies 
across the value chain in the chemical industry, in-
cluding small- and medium-sized enterprises— 
‘‘(A) to establish collaborative research, de-
velopment, demonstration, technology transfer, 
and commercialization programs; and 
‘‘(B) to train students and retrain profes-
sional scientists and engineers in the use of sus-
tainable chemistry concepts and strategies by 
methods including— 
‘‘(i) developing curricular materials 
and courses for undergraduate and graduate 
levels and for the professional development 
of scientists and engineers; and 
‘‘(ii) publicizing the availability of 
professional development courses in sustain-
186 
† HR 2576 EAS 
able chemistry and recruiting scientists and 
engineers to pursue those courses. 
‘‘(2) PRIVATE SECTOR ENTITIES.—To be eligible 
for support under this section, a partnership in sus-
tainable chemistry shall include at least 1 private sec-
tor entity. 
‘‘(3) SELECTION OF PARTNERSHIPS.—In select-
ing partnerships for support under this section, the 
entity and the agencies described in subsection (c)(1) 
shall also consider the extent to which the applicants 
are willing and able to demonstrate evidence of sup-
port for, and commitment— 
‘‘(A) to achieving the goals of the Sustain-
able Chemistry Initiative described in subsection 
(d); and 
‘‘(B) to sustaining any new innovations, 
tools, and resources generated from funding 
under the program. 
‘‘(4) PROHIBITED
USE
OF
FUNDS.—Financial 
support provided under this section may not be 
used— 
‘‘(A) to support or expand a regulatory 
chemical management program at an imple-
menting agency under a State law; or
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† HR 2576 EAS 
‘‘(B) to construct or renovate a building or 
structure. 
‘‘(f) NATIONAL STRATEGY 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 entity 
described in subsection (c)(1) shall submit to the 
Committee on Science, Space, and Technology and the 
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, a national 
strategy that shall include— 
‘‘(A) a summary of federally funded sus-
tainable chemistry research, development, dem-
onstration, technology transfer, commercializa-
tion, education, and training activities; 
‘‘(B) a summary of the financial resources 
allocated to sustainable chemistry initiatives; 
‘‘(C) an analysis of the progress made to-
ward achieving the goals and priorities of the 
Sustainable Chemistry Initiative described in 
subsection (d), and recommendations for future 
initiative activities, including consideration of 
options to establish the Sustainable Chemistry
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† HR 2576 EAS 
Initiative and the partnerships described in sub-
section (e) within 1 or more appropriate Federal 
agencies; 
‘‘(D) an assessment of the benefits of ex-
panding existing, federally supported regional 
innovation and manufacturing hubs to include 
sustainable chemistry and the value of directing 
the establishment of 1 or more dedicated sustain-
able chemistry centers of excellence or hubs; 
‘‘(E) an evaluation of steps taken and fu-
ture strategies to avoid duplication of efforts, 
streamline interagency coordination, facilitate 
information sharing, and spread best practices 
between participating agencies in the Sustain-
able Chemistry Initiative; and 
‘‘(F) a framework for advancing sustainable 
chemistry 
research, 
development, 
technology 
transfer, commercialization, and education and 
training. 
‘‘(2) SUBMISSION TO GAO.—The entity described 
in subsection (c)(1) shall submit the national strategy 
described in paragraph (1) to the Government Ac-
countability Office for consideration in future Con-
gressional inquiries.
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† HR 2576 EAS 
‘‘(g) IMPLEMENTATION PLAN.—Not later than 3 years 
after the date of enactment of the Frank R. Lautenberg 
Chemical Safety for the 21st Century Act, the entity de-
scribed in subsection (c)(1) shall submit to the Committee 
on Science, Space, and Technology and the 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, an implementation plan, based on the findings 
of the national strategy and other assessments, as appro-
priate, for sustainable chemistry.’’. 
(b) SUSTAINABLE CHEMISTRY BASIC RESEARCH.— 
Subject to the availability of appropriated funds, the Direc-
tor of the National Science Foundation shall continue to 
carry out the Green Chemistry Basic Research program au-
thorized under section 509 of the National Science Founda-
tion Authorization Act of 2010 (42 U.S.C. 1862p–3). 
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 subpara-
graph and inserting a semicolon; and
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† HR 2576 EAS 
(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 sub-
paragraph (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,
191 
† HR 2576 EAS 
Federal, or maritime legal action commenced prior to the 
effective date of the Frank R. Lautenberg Chemical Safety 
for the 21st Century Act.’’. 
SEC. 29. ELEMENTAL MERCURY. 
(a) TEMPORARY GENERATOR ACCUMULATION.—Sec-
tion 5 of the Mercury Export Ban Act of 2008 (42 U.S.C. 
6939f) is amended— 
(1) in subsection (a)(2), by striking ‘‘2013’’ and 
inserting ‘‘2019’’; 
(2) in subsection (b)— 
(A) in paragraph (1)— 
(i) by redesignating subparagraphs 
(A), (B), and (C), as clauses (i), (ii), and 
(iii), respectively and indenting appro-
priately; 
(ii) in the first sentence, by striking 
‘‘After consultation’’ and inserting the fol-
lowing: 
‘‘(A) ASSESSMENT AND COLLECTION.—After 
consultation’’; 
(iii) in the second sentence, by striking 
‘‘The amount of such fees’’ and inserting the 
following: 
‘‘(B) AMOUNT.—The amount of the fees de-
scribed in subparagraph (A)’’;
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† HR 2576 EAS 
(iv) in subparagraph (B) (as so des-
ignated)— 
(I) in clause (i) (as so redesig-
nated), by striking ‘‘publically avail-
able not later than October 1, 2012’’ 
and inserting ‘‘publicly available not 
later than October 1, 2018’’; 
(II) in clause (ii) (as so redesig-
nated), by striking ‘‘and’’; 
(III) in clause (iii) (as so redesig-
nated), by striking the period at the 
end and inserting ‘‘, subject to clause 
(iv); and’’; and 
(IV) by adding at the end the fol-
lowing: 
‘‘(iv) for generators temporarily accu-
mulating elemental mercury in a facility 
subject to subparagraphs (B) and (D)(iv) of 
subsection (g)(2) if the facility designated 
in subsection (a) is not operational by Jan-
uary 1, 2019, shall be adjusted to subtract 
the cost of the temporary accumulation dur-
ing the period in which the facility des-
ignated under subsection (a) is not oper-
ational.’’; and
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† HR 2576 EAS 
(v) by adding at the end the following: 
‘‘(C) CONVEYANCE OF TITLE AND PERMIT-
TING.—If the facility designated in subsection 
(a) is not operational by January 1, 2020, the 
Secretary— 
‘‘(i) shall immediately accept the con-
veyance of title to all elemental mercury 
that has accumulated in facilities in accord-
ance with subsection (g)(2)(D), before Janu-
ary 1, 2020, and deliver the accumulated 
mercury to the facility designated under 
subsection (a) on the date on which the fa-
cility becomes operational; 
‘‘(ii) shall pay any applicable Federal 
permitting costs, including the costs for per-
mits issued under section 3005(c) of the 
Solid Waste Disposal Act (42 U.S.C. 
6925(c)); and 
‘‘(iii) shall store, or pay the cost of 
storage of, until the time at which a facility 
designated in subsection (a) is operational, 
accumulated mercury to which the Sec-
retary has title under this subparagraph in 
a facility that has been issued a permit
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† HR 2576 EAS 
under section 3005(c) of the Solid Waste 
Disposal Act (42 U.S.C. 6925(c)).’’; and 
(B) in paragraph (2), in the first sentence, 
by striking ‘‘paragraph (1)(C)’’ and inserting 
‘‘paragraph (1)(B)(iii)’’; and 
(3) in subsection (g)(2)— 
(A) in the undesignated material at the end, 
by striking ‘‘This subparagraph’’ and inserting 
the following: 
‘‘(C) Subparagraph (B)’’; 
(B) in subparagraph (C) (as added by 
paragraph (1)), by inserting ‘‘of that subpara-
graph’’ before the period at the end; and 
(C) by adding at the end the following: 
‘‘(D) A generator producing elemental mer-
cury incidentally from the beneficiation or proc-
essing of ore or related pollution control activi-
ties, may accumulate the mercury produced on-
site that is destined for a facility designated by 
the Secretary under subsection (a), for more than 
90 days without a permit issued under section 
3005(c) of the Solid Waste Disposal Act (42 
U.S.C. 6925(c)), and shall not be subject to the 
storage prohibition of section 3004(j) of that Act 
(42 U.S.C. 6924(j)), if—
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† HR 2576 EAS 
‘‘(i) the Secretary is unable to accept 
the mercury at a facility designated by the 
Secretary under subsection (a) for reasons 
beyond the control of the generator; 
‘‘(ii) the generator certifies in writing 
to the Secretary that the generator will ship 
the mercury to a designated facility when 
the Secretary is able to accept the mercury; 
‘‘(iii) the generator certifies in writing 
to the Secretary that the generator is stor-
ing only mercury the generator has pro-
duced or recovered onsite and will not sell, 
or otherwise place into commerce, the mer-
cury; and 
‘‘(iv) the generator has obtained an 
identification number under section 262.12 
of title 40, Code of Federal Regulations, and 
complies with the requirements described in 
paragraphs (1) through (4) of section 
262.34(a) of title 40, Code of Federal Regu-
lations (as in effect on the date of enactment 
of this subparagraph). 
‘‘(E) MANAGEMENT STANDARDS FOR TEM-
PORARY STORAGE.—Not later than January 1, 
2017, the Secretary, after consultation with the
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† HR 2576 EAS 
Administrator of the Environmental Protection 
Agency and State agencies in affected States, 
shall develop and make available guidance that 
establishes procedures and standards for the 
management and short-term storage of elemental 
mercury at a generator covered under subpara-
graph (D), including requirements to ensure ap-
propriate use of flasks or other suitable con-
tainers. Such procedures and standards shall be 
protective of human health and the environment 
and shall ensure that the elemental mercury is 
stored in a safe, secure, and effective manner. A 
generator may accumulate mercury in accord-
ance with subparagraph (D) immediately upon 
enactment of this Act, and notwithstanding that 
guidance called for by this paragraph (E) has 
not been developed or made available.’’. 
(b) INTERIM STATUS.—Section 5(d)(1) of the Mercury 
Export Ban Act of 2008 (42 U.S.C. 6939f(d)(1)) is amend-
ed— 
(1) in the fourth sentence, by striking ‘‘in exist-
ence on or before January 1, 2013,’’; and 
(2) in the last sentence, by striking ‘‘January 1, 
2015’’ and inserting ‘‘January 1, 2020’’.
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† HR 2576 EAS 
(c) MERCURY INVENTORY.—Section 8(b) of the Toxic 
Substances Control Act (15 U.S.C. 2607(b)) (as amended 
by section 10(2)) is amended by adding at the end the fol-
lowing: 
‘‘(10) MERCURY.— 
‘‘(A) DEFINITION
OF
MERCURY.—In this 
paragraph, notwithstanding section 3(2)(B), the 
term ‘mercury’ means— 
‘‘(i) elemental mercury; and 
‘‘(ii) a mercury compound. 
‘‘(B) PUBLICATION.—Not later than April 
1, 2017, and every 3 years thereafter, the Admin-
istrator shall publish in the Federal Register an 
inventory of mercury supply, use, and trade in 
the United States. 
‘‘(C) PROCESS.—In carrying out the inven-
tory under subparagraph (B), the Administrator 
shall— 
‘‘(i) identify any remaining manufac-
turing processes or products that inten-
tionally add mercury; and 
‘‘(ii) recommend actions, including 
proposed revisions of Federal law (including 
regulations), to achieve further reductions 
in mercury use.
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‘‘(D) REPORTING.— 
‘‘(i) IN
GENERAL.—To assist in the 
preparation of the inventory under sub-
paragraph (B), any person who manufac-
tures mercury or mercury-added products or 
otherwise intentionally uses mercury in a 
manufacturing process shall make periodic 
reports to the Administrator, at such time 
and including such information as the Ad-
ministrator shall determine by rule promul-
gated not later than 2 years after the date 
of enactment of this paragraph. 
‘‘(ii) COORDINATION.—To avoid dupli-
cation, the Administrator shall coordinate 
the reporting under this subparagraph with 
the Interstate Mercury Education and Re-
duction Clearinghouse. 
‘‘(iii) 
EXEMPTION.—This 
subpara-
graph shall not apply to a person engaged 
in the generation, handling, or management 
of mercury-containing waste, unless that 
person manufactures or recovers mercury in 
the management of that waste.’’. 
(d) PROHIBITION ON EXPORT OF CERTAIN MERCURY 
COMPOUNDS.—Section 12(c) of the Toxic Substances Con-