In the House of Representatives, U. S., 
May 24, 2016. 
Resolved, That the House agree to the amendment of the 
Senate to the bill (H.R. 2576) entitled ‘‘An Act to modernize 
the Toxic Substances Control Act, and for other purposes.’’ 
with the following 
HOUSE AMENDMENT TO SENATE AMENDMENT: 
In lieu of the matter proposed to be inserted by the 
amendment of the Senate, insert the following: 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Frank R. Lautenberg Chemical Safety for the 21st Century 
Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—CHEMICAL SAFETY 
Sec. 2. Findings, policy, and intent. 
Sec. 3. Definitions. 
Sec. 4. Testing of chemical substances and mixtures. 
Sec. 5. Manufacturing and processing notices. 
Sec. 6. Prioritization, risk evaluation, and regulation of chemical substances and 
mixtures. 
Sec. 7. Imminent hazards. 
Sec. 8. Reporting and retention of information. 
Sec. 9. Relationship to other Federal laws. 
Sec. 10. Exports of elemental mercury. 
Sec. 11. Confidential information. 
Sec. 12. Penalties. 
Sec. 13. State-Federal relationship. 
Sec. 14. Judicial review. 
Sec. 15. Citizens’ civil actions.
Sec. 16. Studies. 
Sec. 17. Administration of the Act. 
Sec. 18. State programs. 
Sec. 19. Conforming amendments. 
Sec. 20. No retroactivity. 
Sec. 21. Trevor’s Law. 
TITLE II—RURAL HEALTHCARE CONNECTIVITY 
Sec. 201. Short title. 
Sec. 202. Telecommunications services for skilled nursing facilities. 
TITLE I—CHEMICAL SAFETY 
SEC. 2. FINDINGS, POLICY, AND INTENT. 
Section 2(c) of the Toxic Substances Control Act (15 
U.S.C. 2601(c)) is amended by striking ‘‘proposes to take’’ 
and inserting ‘‘proposes as provided’’. 
SEC. 3. DEFINITIONS. 
Section 3 of the Toxic Substances Control Act (15 
U.S.C. 2602) is amended— 
(1) by redesignating paragraphs (4) through (14) 
as paragraphs (5), (6), (8), (9), (10), (11), (13), (14), 
(15), (16), and (17), respectively; 
(2) by inserting after paragraph (3) the fol-
lowing: 
‘‘(4) The term ‘conditions of use’ means the cir-
cumstances, as determined by the Administrator, under 
which a chemical substance is intended, known, or reason-
ably foreseen to be manufactured, processed, distributed in 
commerce, used, or disposed of.’’; 
(3) by inserting after paragraph (6), as so redes-
ignated, the following:
‘‘(7) The term ‘guidance’ means any significant writ-
ten guidance of general applicability prepared by the Ad-
ministrator.’’; and 
(4) by inserting after paragraph (11), as so re-
designated, the following: 
‘‘(12) The term ‘potentially exposed or susceptible sub-
population’ means a group of individuals within the gen-
eral population identified by the Administrator who, due 
to either greater susceptibility or greater exposure, may be 
at greater risk than the general population of adverse health 
effects from exposure to a chemical substance or mixture, 
such as infants, children, pregnant women, workers, or the 
elderly.’’. 
SEC. 4. TESTING OF CHEMICAL SUBSTANCES AND MIX-
TURES. 
Section 4 of the Toxic Substances Control Act (15 
U.S.C. 2603) is amended— 
(1) by striking ‘‘standards’’ each place it ap-
pears and inserting ‘‘protocols and methodologies’’; 
(2) in subsection (a)— 
(A) by striking ‘‘If the Administrator finds’’ 
and inserting ‘‘(1) If the Administrator finds’’; 
(B) in paragraph (1), as so designated— 
(i) by striking ‘‘(1)(A)(i)’’ and insert-
ing ‘‘(A)(i)(I)’’;
(ii) by striking ‘‘(ii)’’ each place it ap-
pears and inserting ‘‘(II)’’; 
(iii) by striking ‘‘are insufficient data’’ 
and inserting ‘‘is insufficient information’’ 
each place it appears; 
(iv) by striking ‘‘(iii)’’ each place it 
appears and inserting ‘‘(III)’’; 
(v) by striking ‘‘such data’’ and insert-
ing ‘‘such information’’ each place it ap-
pears; 
(vi) by striking ‘‘(B)(i)’’ and inserting 
‘‘(ii)(I)’’; 
(vii) by striking ‘‘(I)’’ and inserting 
‘‘(aa)’’; 
(viii) by striking ‘‘(II)’’ and inserting 
‘‘(bb)’’; 
(ix) by striking ‘‘(2)’’ and inserting 
‘‘(B)’’; and 
(x) in the matter following subpara-
graph (B), as so redesignated— 
(I) by inserting ‘‘, or, in the case 
of a chemical substance or mixture de-
scribed in subparagraph (A)(i), by 
rule, order, or consent agreement,’’ 
after ‘‘rule’’;
(II) by striking ‘‘data’’ each place 
it appears and inserting ‘‘informa-
tion’’; and 
(III) by striking ‘‘and which are 
relevant’’ and inserting ‘‘and which is 
relevant’’; and 
(C) by adding at the end the following: 
‘‘(2) ADDITIONAL TESTING AUTHORITY.—In ad-
dition to the authority provided under paragraph (1), 
the Administrator may, by rule, order, or consent 
agreement— 
‘‘(A) require the development of new infor-
mation relating to a chemical substance or mix-
ture if the Administrator determines that the in-
formation is necessary— 
‘‘(i) to review a notice under section 5 
or to perform a risk evaluation under sec-
tion 6(b); 
‘‘(ii) to implement a requirement im-
posed in a rule, order, or consent agreement 
under subsection (e) or (f) of section 5 or in 
a rule promulgated under section 6(a); 
‘‘(iii) at the request of a Federal imple-
menting authority under another Federal 
law, to meet the regulatory testing needs of
(ii) in subparagraph (C), by striking 
‘‘data’’ and inserting ‘‘information’’; and 
(iii) in the matter following subpara-
graph (C), by striking ‘‘data’’ and inserting 
‘‘information’’; 
(B) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘test data’’ and in-
serting ‘‘information’’; 
(II) by inserting ‘‘Protocols and 
methodologies for the development of 
information may also be prescribed for 
the assessment of exposure or exposure 
potential to humans or the environ-
ment.’’ after the first sentence; and 
(III) by striking ‘‘hierarchical 
tests’’ and inserting ‘‘tiered testing’’; 
and 
(ii) in subparagraph (B), by striking 
‘‘data’’ and inserting ‘‘information’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘data’’ each place it ap-
pears and inserting ‘‘information’’;
(ii) in subparagraph (A), by inserting 
‘‘or (C), as applicable,’’ after ‘‘subpara-
graph (B)’’; 
(iii) by striking ‘‘(a)(1)(A)(ii) or 
(a)(1)(B)(ii)’’ each place it appears in sub-
paragraph 
(B) 
and 
inserting 
‘‘(a)(1)(A)(i)(II) or (a)(1)(A)(ii)(II)’’; 
(iv) in subparagraph (B), in the mat-
ter before clause (i), by striking ‘‘subsection 
(a)’’ and inserting ‘‘subsection (a)(1)’’; and 
(v) by adding at the end the following: 
‘‘(C) A rule or order under paragraph (1) or (2) of 
subsection (a) may require the development of information 
by any person who manufactures or processes, or intends 
to manufacture or process, a chemical substance or mixture 
subject to the rule or order.’’; 
(D) in paragraph (4)— 
(i) by striking ‘‘of data’’ each place it 
appears and inserting ‘‘of information’’; 
and 
(ii) by striking ‘‘test data’’ each place 
it appears and inserting ‘‘information’’; 
and 
(E) by striking paragraph (5); 
(4) in subsection (c)—
(A) in paragraph (1), by striking ‘‘data’’ 
and inserting ‘‘information’’; 
(B) in paragraph (2), by striking ‘‘data’’ 
each place it appears and inserting ‘‘informa-
tion’’; 
(C) in paragraph (3)— 
(i) by striking ‘‘test data’’ each place it 
appears and inserting ‘‘information’’; and 
(ii) by striking ‘‘such data’’ each place 
it appears and inserting ‘‘such informa-
tion’’; and 
(D) in paragraph (4) by striking ‘‘test 
data’’ each place it appears and inserting ‘‘in-
formation’’; 
(5) in subsection (d)— 
(A) by striking ‘‘test data’’ each place it ap-
pears and inserting ‘‘information’’; 
(B) by striking ‘‘such data’’ each place it 
appears and inserting ‘‘such information’’; and 
(C) by striking ‘‘for which data have’’ and 
inserting ‘‘for which information has’’; 
(6) in subsection (e)— 
(A) in paragraph (1)— 
(i) in subparagraph (A)—
(I) by striking ‘‘promulgation of a 
rule’’ and inserting ‘‘development of 
information’’; and 
(II) by striking ‘‘data’’ each place 
it appears and inserting ‘‘informa-
tion’’; and 
(ii) in subparagraph (B), by striking 
‘‘either initiate a rulemaking proceeding 
under subsection (a) or if such a proceeding 
is not initiated within such period, publish 
in the Federal Register the Administrator’s 
reason for not initiating such a proceeding’’ 
and insert ‘‘issue an order, enter into a con-
sent agreement, or initiate a rulemaking 
proceeding under subsection (a), or, if such 
an order or consent agreement is not issued 
or such a proceeding is not initiated within 
such period, publish in the Federal Register 
the Administrator’s reason for not issuing 
such an order, entering into such a consent 
agreement, or initiating such a proceeding’’; 
and 
(B) in paragraph (2)(A)— 
(i) by striking ‘‘eight members’’ and 
inserting ‘‘ten members’’; and
(ii) by adding at the end the following: 
‘‘(ix) One member appointed by the Chairman of 
the Consumer Product Safety Commission from Com-
missioners or employees of the Commission. 
‘‘(x) One member appointed by the Commis-
sioner of Food and Drugs from employees of the Food 
and Drug Administration.’’; 
(7) in subsection (f)— 
(A) in paragraph (1), by striking ‘‘test 
data’’ and inserting ‘‘information’’; and 
(B) in the matter following paragraph 
(2)— 
(i) by striking ‘‘or will present’’; 
(ii) by striking ‘‘from cancer, gene 
mutations, or birth defects’’; 
(iii) by striking ‘‘data or’’; 
(iv) by striking ‘‘appropriate’’ and in-
serting ‘‘applicable’’; and 
(v) by inserting ‘‘, made without con-
sideration of costs or other nonrisk factors,’’ 
after ‘‘publish in the Federal Register a 
finding’’; 
(8) in subsection (g)— 
(A) by amending the subsection heading to 
read as follows: ‘‘PETITION FOR PROTOCOLS AND
METHODOLOGIES
FOR
THE DEVELOPMENT
OF 
INFORMATION’’; 
(B) by striking ‘‘test data’’ each place it ap-
pears and inserting ‘‘information’’; and 
(C) by striking ‘‘submit data’’ and inserting 
‘‘submit information’’; and 
(9) by adding at the end the following: 
‘‘(h) REDUCTION OF TESTING ON VERTEBRATES.— 
‘‘(1) IN GENERAL.—The Administrator shall re-
duce and replace, to the extent practicable, scientif-
ically justified, and consistent with the policies of this 
title, the use of vertebrate animals in the testing of 
chemical substances or mixtures under this title by— 
‘‘(A) prior to making a request or adopting 
a requirement for testing using vertebrate ani-
mals, and in accordance with subsection (a)(3), 
taking into consideration, as appropriate and to 
the extent practicable and scientifically justified, 
reasonably available existing information, in-
cluding— 
‘‘(i) toxicity information; 
‘‘(ii) computational toxicology and 
bioinformatics; and
‘‘(iii) high-throughput screening meth-
ods and the prediction models of those meth-
ods; and 
‘‘(B) encouraging and facilitating— 
‘‘(i) the use of scientifically valid test 
methods and strategies that reduce or re-
place the use of vertebrate animals while 
providing information of equivalent or bet-
ter scientific quality and relevance that will 
support regulatory decisions under this 
title; 
‘‘(ii) 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 scientif-
ically valid and useful information on other 
chemical substances in the category; and 
‘‘(iii) the formation of industry con-
sortia to jointly conduct testing to avoid 
unnecessary duplication of tests, provided 
that such consortia make all information 
from such testing available to the Adminis-
trator. 
‘‘(2) IMPLEMENTATION OF ALTERNATIVE TESTING 
METHODS.—To promote the development and timely
incorporation of new scientifically valid test methods 
and strategies that are not based on vertebrate ani-
mals, 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 
strategies to reduce, refine, or replace vertebrate 
animal testing and provide information of equiv-
alent or better scientific quality and relevance 
for assessing risks of injury to health or the envi-
ronment of chemical substances or mixtures 
through, for example— 
‘‘(i) 
computational 
toxicology 
and 
bioinformatics; 
‘‘(ii) high-throughput screening meth-
ods; 
‘‘(iii) testing of categories of chemical 
substances; 
‘‘(iv) tiered testing methods; 
‘‘(v) in vitro studies; 
‘‘(vi) systems biology; 
‘‘(vii) new or revised methods identi-
fied by validation bodies such as the Inter-
agency Coordinating Committee on the Val-
idation of Alternative Methods or the Orga-
nization for Economic Co-operation and 
Development; or 
‘‘(viii) industry consortia that develop 
information submitted under this title; 
‘‘(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) include in the strategic plan developed 
under subparagraph (A) a list, which the Ad-
ministrator shall update on a regular basis, of 
particular alternative test methods or strategies 
the Administrator has identified that do not re-
quire new vertebrate animal testing and are sci-
entifically reliable, relevant, and capable of pro-
viding information of equivalent or better sci-
entific reliability and quality to that which 
would be obtained from vertebrate animal test-
ing; 
‘‘(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 and
relevance of the test methods and strategies that 
may be identified pursuant to subparagraph (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 Con-
gress a report that describes the progress made in 
implementing the plan developed under subpara-
graph (A) and goals for future alternative test 
methods and strategies implementation; and 
‘‘(F) prioritize and, to the extent consistent 
with available resources and the Administrator’s 
other responsibilities under this title, carry out 
performance 
assessment, 
validation, 
and 
translational studies to accelerate the develop-
ment of scientifically valid test methods and 
strategies that reduce, refine, or replace the use 
of vertebrate animals, including minimizing du-
plication, in any testing under this title. 
‘‘(3) 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 test method or strategy identified 
by the Administrator pursuant to paragraph 
(2)(C), if the Administrator has identified such 
a test method or strategy for the development of 
such 
information, 
before 
conducting 
new 
vertebrate animal testing. 
‘‘(B) EFFECT OF PARAGRAPH.—Nothing in 
this paragraph shall, under any circumstance, 
limit or restrict the submission of any existing 
information to the Administrator. 
‘‘(C) RELATIONSHIP
TO
OTHER
LAW.—A 
violation of this paragraph shall not be a prohib-
ited act under section 15. 
‘‘(D) REVIEW OF MEANS.—This paragraph 
authorizes, but does not require, the Adminis-
trator to review the means by which a person 
conducted testing described in subparagraph 
(A).’’. 
SEC. 5. MANUFACTURING AND PROCESSING NOTICES. 
Section 5 of the Toxic Substances Control Act (15 
U.S.C. 2604) is amended— 
(1) in subsection (a)— 
(A) in paragraph (1)—
(i) by striking ‘‘Except as provided in’’ 
and inserting ‘‘(A) Except as provided in 
subparagraph (B) of this paragraph and’’; 
(ii) by redesignating subparagraphs 
(A) and (B) as clauses (i) and (ii), respec-
tively; 
(iii) by striking all that follows ‘‘sig-
nificant new use’’ and inserting a period; 
and 
(iv) by adding at the end the following: 
‘‘(B) A person may take the actions described in 
subparagraph (A) if— 
‘‘(i) such person submits to the Adminis-
trator, at least 90 days before such manufacture 
or processing, a notice, in accordance with sub-
section (d), of such person’s intention to manu-
facture or process such substance and such per-
son complies with any applicable requirement of, 
or imposed pursuant to, subsection (b), (e), or 
(f); and 
‘‘(ii) the Administrator— 
‘‘(I) conducts a review of the notice; 
and 
‘‘(II) makes a determination under 
subparagraph (A), (B), or (C) of paragraph
(3) and takes the actions required in asso-
ciation with that determination under such 
subparagraph within the applicable review 
period.’’; and 
(B) by adding at the end the following new 
paragraphs: 
‘‘(3) REVIEW AND DETERMINATION.—Within the 
applicable review period, subject to section 18, the Ad-
ministrator shall review such notice and determine— 
‘‘(A) that the relevant chemical substance or 
significant new use presents an unreasonable 
risk of injury to health or the environment, with-
out consideration of costs or other nonrisk fac-
tors, including an unreasonable risk to a poten-
tially exposed or susceptible subpopulation iden-
tified as relevant by the Administrator under the 
conditions of use, in which case the Adminis-
trator shall take the actions required under sub-
section (f); 
‘‘(B) that— 
‘‘(i) the information available to the 
Administrator is insufficient to permit a 
reasoned evaluation of the health and envi-
ronmental effects of the relevant chemical 
substance or significant new use; or
‘‘(ii)(I) in the absence of sufficient in-
formation to permit the Administrator to 
make such an evaluation, the manufacture, 
processing, distribution in commerce, use, 
or disposal of such substance, or any com-
bination of such activities, may present an 
unreasonable risk of injury to health or the 
environment, without consideration of costs 
or other nonrisk factors, including an un-
reasonable risk to a potentially exposed or 
susceptible subpopulation identified as rel-
evant by the Administrator; or 
‘‘(II) such substance is or will be pro-
duced in substantial quantities, and such 
substance either enters or may reasonably 
be anticipated to enter the environment in 
substantial quantities or there is or may be 
significant or substantial human exposure 
to the substance, 
in which case the Administrator shall take the 
actions required under subsection (e); or 
‘‘(C) that the relevant chemical substance or 
significant new use is not likely to present an 
unreasonable risk of injury to health or the envi-
ronment, without consideration of costs or other
nonrisk factors, including an unreasonable risk 
to a potentially exposed or susceptible subpopula-
tion identified as relevant by the Administrator 
under the conditions of use, in which case the 
submitter of the notice may commence manufac-
ture of the chemical substance or manufacture or 
processing for a significant new use. 
‘‘(4) FAILURE TO RENDER DETERMINATION.— 
‘‘(A) FAILURE
TO
RENDER
DETERMINA-
TION.—If the Administrator fails to make a de-
termination on a notice under paragraph (3) by 
the end of the applicable review period and the 
notice has not been withdrawn by the submitter, 
the Administrator shall refund to the submitter 
all applicable fees charged to the submitter for 
review of the notice pursuant to section 26(b), 
and the Administrator shall not be relieved of 
any requirement to make such determination. 
‘‘(B) LIMITATIONS.—(i) A refund of appli-
cable fees under subparagraph (A) shall not be 
made if the Administrator certifies that the sub-
mitter has not provided information required 
under subsection (b) or has otherwise unduly de-
layed the process such that the Administrator is
unable to render a determination within the ap-
plicable review period. 
‘‘(ii) A failure of the Administrator to 
render a decision shall not be deemed to con-
stitute a withdrawal of the notice. 
‘‘(iii) Nothing in this paragraph shall be 
construed as relieving the Administrator or the 
submitter of the notice from any requirement of 
this section. 
‘‘(5) 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)(A)(ii) if the Administrator makes an af-
firmative finding in a rule under paragraph (2) that 
the reasonable potential for exposure to the chemical 
substance through the article or category of articles 
subject to the rule justifies notification.’’; 
(2) in subsection (b)— 
(A) in the subsection heading, by striking 
‘‘TEST DATA’’ and inserting ‘‘INFORMATION’’; 
(B) in paragraph (1)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘test data’’ and in-
serting ‘‘information’’; and
(II) by striking ‘‘such data’’ and 
inserting ‘‘such information’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘test data’’ and in-
serting ‘‘information’’; 
(II) 
by 
striking 
‘‘subsection 
(a)(1)(A)’’ and inserting ‘‘subsection 
(a)(1)(A)(i)’’; and 
(III) 
by 
striking 
‘‘subsection 
(a)(1)(B)’’ and inserting ‘‘subsection 
(a)(1)(A)(ii)’’; 
(C) in paragraph (2)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘test data’’ in 
clause (ii) and inserting ‘‘informa-
tion’’; 
(II) by striking ‘‘shall’’ and in-
serting ‘‘may’’; and 
(III) 
by 
striking 
‘‘data 
pre-
scribed’’ and inserting ‘‘information 
prescribed’’; and 
(ii) in subparagraph (B)— 
(I) by striking ‘‘Data’’ and insert-
ing ‘‘Information’’;
(II) by striking ‘‘data’’ both 
places it appears and inserting ‘‘infor-
mation’’; 
(III) by striking ‘‘show’’ and in-
serting ‘‘shows’’; 
(IV) 
by 
striking 
‘‘subsection 
(a)(1)(A)’’ in clause (i) and inserting 
‘‘subsection (a)(1)(A)(i)’’; and 
(V) 
by 
striking 
‘‘subsection 
(a)(1)(B)’’ in clause (ii) and inserting 
‘‘subsection (a)(1)(A)(ii)’’; 
(D) in paragraph (3)— 
(i) by striking ‘‘Data’’ and inserting 
‘‘Information’’; and 
(ii) by striking ‘‘paragraph (1) or (2)’’ 
and inserting ‘‘paragraph (1) or (2) of this 
subsection or under subsection (e)’’; and 
(E) in paragraph (4)— 
(i) in subparagraph (A)(i), by insert-
ing ‘‘, without consideration of costs or 
other nonrisk factors’’ after ‘‘health or the 
environment’’; and 
(ii) in subparagraph (C), by striking 
‘‘, except that’’ and all that follows through 
‘‘subparagraph (A)’’;
(3) in subsection (c)— 
(A) in the subsection heading, by striking 
‘‘NOTICE’’ and inserting ‘‘REVIEW’’; and 
(B) by striking ‘‘before which’’ and all that 
follows through ‘‘subsection may begin’’; 
(4) in subsection (d)— 
(A) by striking ‘‘test data’’ in paragraph 
(1)(B) and inserting ‘‘information’’; 
(B) by striking ‘‘data’’ each place it ap-
pears in paragraph (1)(C) and paragraph (2) 
and inserting ‘‘information’’; 
(C) in paragraph (2)(B), by striking ‘‘uses 
or intended uses of such substance’’ and inserting 
‘‘uses of such substance identified in the notice’’; 
and 
(D) in paragraph (3)— 
(i) by striking ‘‘for which the notifica-
tion period prescribed by subsection (a), (b), 
or (c)’’ and inserting ‘‘for which the appli-
cable review period’’; and 
(ii) by striking ‘‘such notification pe-
riod’’ and inserting ‘‘such period’’; 
(5) in subsection (e)— 
(A) in paragraph (1)(A)—
(i) in clause (i), by striking ‘‘; and’’ 
and inserting ‘‘; or’’; 
(ii) in clause (ii)(I), by inserting 
‘‘without consideration of costs or other 
nonrisk factors, including an unreasonable 
risk to a potentially exposed subpopulation 
identified as relevant by the Administrator 
under the conditions of use;’’ after ‘‘health 
or the environment,’’; and 
(iii) 
in 
the 
matter 
after 
clause 
(ii)(II)— 
(I) by striking ‘‘may issue a pro-
posed order’’ and inserting ‘‘shall issue 
an order’’; 
(II) by striking ‘‘notification pe-
riod applicable to the manufacturing 
or processing of such substance under 
subsection (a), (b), (c)’’ and inserting 
‘‘applicable review period’’; and 
(III) by inserting ‘‘to the extent 
necessary to protect against an unrea-
sonable risk of injury to health or the 
environment, without consideration of 
costs or other nonrisk factors, includ-
ing an unreasonable risk to a poten-
tially exposed or susceptible subpopula-
tion identified as relevant by the Ad-
ministrator under the conditions of 
use, and the submitter of the notice 
may commence manufacture of the 
chemical substance, or manufacture or 
processing of the chemical substance for 
a significant new use, including while 
any required information is being de-
veloped, only in compliance with the 
order’’ before the period at the end; 
(B) in paragraph (1)(B)— 
(i) by striking ‘‘A proposed order’’ and 
inserting ‘‘An order’’; 
(ii) by striking ‘‘notification period 
applicable to the manufacture or processing 
of such substance under subsection (a), (b), 
(c)’’ and inserting ‘‘applicable review pe-
riod’’; and 
(iii) by striking ‘‘of the proposed 
order’’ and inserting ‘‘of the order’’; 
(C) by striking paragraph (1)(C); and 
(D) by striking paragraph (2); 
(6) in subsection (f)— 
(A) in paragraph (1)—
(i) by striking ‘‘finds that there is a 
reasonable basis to conclude that the manu-
facture, processing, distribution in com-
merce, use, or disposal of a chemical sub-
stance with’’ and inserting ‘‘determines that 
a chemical substance or significant new use 
with’’; 
(ii) by striking ‘‘, or that any com-
bination of such activities,’’; 
(iii) by striking ‘‘or will present’’; 
(iv) by striking ‘‘before a rule promul-
gated under section 6 can protect against 
such risk,’’ and inserting ‘‘, without consid-
eration of costs or other nonrisk factors, in-
cluding an unreasonable risk to a poten-
tially exposed subpopulation identified as 
relevant by the Administrator under the 
conditions of use,’’; and 
(v) by striking ‘‘notification period ap-
plicable under subsection (a), (b), or (c) to 
the manufacturing or processing of such 
substance’’ and inserting ‘‘applicable review 
period’’;
(B) in paragraph (2), the matter following 
subparagraph 
(C), 
by 
striking 
‘‘Section 
6(d)(2)(B)’’ and inserting ‘‘Section 6(d)(3)(B)’’; 
(C) in paragraph (3)— 
(i) in subparagraph (A)— 
(I) by striking ‘‘Administrator 
may’’ and all that follows through 
‘‘issue a proposed order to prohibit 
the’’ and inserting ‘‘Administrator 
may issue an order to prohibit or limit 
the’’; and 
(II) by striking ‘‘under paragraph 
(1)’’ and all that follows through 
‘‘processing of such substance.’’ and in-
serting ‘‘under paragraph (1). Such 
order shall take effect on the expiration 
of the applicable review period.’’; 
(ii) by striking subparagraph (B) and 
redesignating subparagraph (C) as subpara-
graph (B); 
(iii) in subparagraph (B), as so redes-
ignated— 
(I) by striking ‘‘subparagraphs 
(B) and (C)’’ and inserting ‘‘subpara-
graph (B)’’;
(II) by striking ‘‘clause (i) of’’; 
and 
(III) by striking ‘‘; and the provi-
sions of subparagraph (C) of subsection 
(e)(2) shall apply with respect to an 
injunction issued under subparagraph 
(B)’’; and 
(iv) by striking subparagraph (D); and 
(D) by adding at the end the following: 
‘‘(4) TREATMENT OF NONCONFORMING USES.— 
Not later than 90 days after taking an action under 
paragraph (2) or (3) or issuing an order under sub-
section (e) relating to a chemical substance with re-
spect to which the Administrator has made a deter-
mination under subsection (a)(3)(A) or (B), the Ad-
ministrator shall consider whether to promulgate a 
rule pursuant to subsection (a)(2) that identifies as a 
significant new use any manufacturing, processing, 
use, distribution in commerce, or disposal of the 
chemical substance that does not conform to the re-
strictions imposed by the action or order, and, as ap-
plicable, initiate such a rulemaking or publish a 
statement describing the reasons of the Administrator 
for not initiating such a rulemaking.
‘‘(5) WORKPLACE
EXPOSURES.—To the extent 
practicable, the Administrator shall consult with the 
Assistant Secretary of Labor for Occupational Safety 
and Health prior to adopting any prohibition or 
other restriction relating to a chemical substance with 
respect to which the Administrator has made a deter-
mination under subsection (a)(3)(A) or (B) to address 
workplace exposures.’’; 
(7) by amending subsection (g) to read as fol-
lows: 
‘‘(g) STATEMENT ON ADMINISTRATOR FINDING.—If the 
Administrator 
finds 
in 
accordance 
with 
subsection 
(a)(3)(C) that a chemical substance or significant new use 
is not likely to present an unreasonable risk of injury to 
health or the environment, then notwithstanding any re-
maining portion of the applicable review period, the sub-
mitter of the notice may commence manufacture of the 
chemical substance or manufacture or processing for the sig-
nificant new use, and the Administrator shall make public 
a statement of the Administrator’s finding. Such a state-
ment shall be submitted for publication in the Federal Reg-
ister as soon as is practicable before the expiration of such 
period. Publication of such statement in accordance with 
the preceding sentence is not a prerequisite to the manufac-
turing or processing of the substance with respect to which 
the statement is to be published.’’; 
(8) in subsection (h)— 
(A) in paragraph (1)(A), by inserting ‘‘, in-
cluding an unreasonable risk to a potentially ex-
posed or susceptible subpopulation identified by 
the Administrator for the specific conditions of 
use identified in the application’’ after ‘‘health 
or the environment’’; 
(B) in paragraph (2), by striking ‘‘data’’ 
each place it appears and inserting ‘‘informa-
tion’’; and 
(C) in paragraph (4), by striking ‘‘. A rule 
promulgated’’ and all that follows through ‘‘sec-
tion 6(c)’’ and inserting ‘‘, including an unrea-
sonable risk to a potentially exposed or suscep-
tible subpopulation identified by the Adminis-
trator under the conditions of use’’; and 
(9) by amending subsection (i) to read as fol-
lows: 
‘‘(i) DEFINITIONS.—(1) For purposes of this section, 
the terms ‘manufacture’ and ‘process’ mean manufacturing 
or processing for commercial purposes.
‘‘(2) For purposes of this Act, the term ‘requirement’ 
as used in this section shall not displace any statutory or 
common law. 
‘‘(3) For purposes of this section, the term ‘applicable 
review period’ means the period starting on the date the 
Administrator receives a notice under subsection (a)(1) and 
ending 90 days after that date, or on such date as is pro-
vided for in subsection (b)(1) or (c).’’. 
SEC. 6. PRIORITIZATION, RISK EVALUATION, AND REGULA-
TION OF CHEMICAL SUBSTANCES AND MIX-
TURES. 
Section 6 of the Toxic Substances Control Act (15 
U.S.C. 2605) is amended— 
(1) by striking the section heading and inserting 
‘‘PRIORITIZATION, 
RISK
EVALUATION, 
AND 
REGULATION OF CHEMICAL SUBSTANCES AND 
MIXTURES’’; 
(2) in subsection (a)— 
(A) by striking ‘‘finds that there is a rea-
sonable basis to conclude’’ and inserting ‘‘deter-
mines in accordance with subsection (b)(4)(A)’’; 
(B) by striking ‘‘or will present’’; 
(C) by inserting ‘‘and subject to section 18, 
and in accordance with subsection (c)(2),’’ after 
‘‘shall by rule’’;
known human carcinogens and have high 
acute and chronic toxicity. 
‘‘(E) METALS AND METAL COMPOUNDS.—In 
identifying priorities for risk evaluation and 
conducting risk evaluations of metals and metal 
compounds, the Administrator shall use the 
Framework for Metals Risk Assessment of the Of-
fice of the Science Advisor, Risk Assessment 
Forum, and dated March 2007, or a successor 
document that addresses metals risk assessment 
and is peer reviewed by the Science Advisory 
Board. 
‘‘(3) INITIATION
OF
RISK
EVALUATIONS; DES-
IGNATIONS.— 
‘‘(A) RISK EVALUATION INITIATION.—Upon 
designating a chemical substance as a high-pri-
ority substance, the Administrator shall initiate 
a risk evaluation on the substance. 
‘‘(B) REVISION.—The Administrator may 
revise the designation of a low-priority substance 
based on information made available to the Ad-
ministrator. 
‘‘(C) ONGOING
DESIGNATIONS.—The Ad-
ministrator shall designate at least one high-pri-
ority substance upon the completion of each risk
stances for which no notices are received 
under clause (i) to be inactive substances on 
the list published under paragraph (1). 
‘‘(iv) LIMITATION.—No chemical sub-
stance on the list published under para-
graph (1) shall be removed from such list by 
reason of the implementation of this sub-
paragraph, 
or 
be 
subject 
to 
section 
5(a)(1)(A)(i) by reason of a change to active 
status under paragraph (5)(B). 
‘‘(B) 
CONFIDENTIAL
CHEMICAL
SUB-
STANCES.—In promulgating a rule under sub-
paragraph (A), the Administrator shall— 
‘‘(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 any manufacturer or 
processor of a chemical substance on the 
confidential portion of the list published 
under paragraph (1) that seeks to maintain 
an existing claim for protection against dis-
closure of the specific chemical identity of 
the chemical substance as confidential pur-
suant to section 14 to submit a notice under