share the applicable costs according to appro-
priate arrangements established by the consor-
tium members. 
‘‘(B) BINDING OFFER.—Whenever, to sat-
isfy the requirements of one or more orders for 
testing, any person offers to form or join a con-
sortium described in paragraph (1)(B), or of-
fers compensation to a person that has already 
submitted data to the Administrator satisfying 
an order for testing, such offer shall constitute 
a binding offer to share an appropriate portion 
of the applicable costs. 
‘‘(C) APPLICABLE
COSTS.—In this sub-
section, the term ‘applicable costs’ includes the 
costs— 
‘‘(i) incurred to generate and report 
information to comply with an order for 
testing; or 
‘‘(ii) associated with the organization 
and administration of the consortium. 
‘‘(4) DISPUTE RESOLUTION.— 
‘‘(A) IN GENERAL.—In the event of any 
dispute about an appropriate share or a fair 
method of determining an appropriate share of 
applicable costs of the testing requirements in 
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a test order, any person involved in the dispute 
may initiate binding arbitration proceedings by 
requesting the Federal Mediation and Concilia-
tion Service to appoint an arbitrator from the 
roster of arbitrators maintained by such Service 
or a hearing with a regional office of the Amer-
ican Arbitration Association. A copy of the re-
quest shall be sent to each person from whom 
the requesting party seeks compensation or who 
seeks compensation from that party. 
‘‘(B) NO REVIEW OF FINDINGS AND DE-
TERMINATION.—The findings and determina-
tion of the arbitrator in a dispute initiated pur-
suant to subparagraph (A) shall be final and 
conclusive, and no official or court of the 
United States shall have power or jurisdiction 
to review any such findings and determination, 
except in the case of fraud, misrepresentation, 
or other misconduct by one of the parties to the 
arbitration or by the arbitrator. 
‘‘(C) PAYMENT OF FEE AND EXPENSES.— 
The parties to arbitration initiated pursuant to 
subparagraph (A) shall share equally in the 
payment of the fee and expenses of the arbi-
trator. 
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‘‘(5) ENFORCEMENT.—If the Administrator de-
termines that any person seeking to comply with an 
order for testing by relying on a submission made by 
a consortium or an original data submitter has 
failed to make an offer in accordance with para-
graph (3)(B), to participate in an arbitration pro-
ceeding under paragraph (4), or to comply with the 
terms of an agreement or arbitration decision con-
cerning sharing of applicable costs under paragraph 
(3), that person is deemed to have failed to comply 
with an order under subparagraph (A) of section 
408(p)(5) of the Federal Food, Drug, and Cosmetic 
Act for purposes of subparagraphs (B) and (C) of 
such section. 
‘‘(l) DEFINITIONS.—In this section: 
‘‘(1) The term ‘endocrine disruptor’ means an 
exogenous agent or mixture of agents that interferes 
with or alters the synthesis, secretion, transport, me-
tabolism, binding action, or elimination of hormones 
that are present in the body and are responsible for 
homeostasis, growth, neurological signaling, repro-
duction and developmental process, or any other ef-
fect that the Administrator has designated as an 
‘endocrine effect’ pursuant to section 408(p)(1) of 
the Federal Food, Drug, and Cosmetic Act. 
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‘‘(2) The term ‘testing’ means the testing of a 
substance pursuant to the screening program under 
section 408(p) of the Federal Food, Drug, and Cos-
metic Act, including a test of a substance that is in-
tended to identify substances that have the potential 
to interact with the endocrine system or that is in-
tended to determine the endocrine-related effects 
caused by such substance and obtain information 
about effects at various doses. 
‘‘(m) AUTHORIZATION
OF
APPROPRIATIONS.—To 
carry out this section, there is authorized to be appro-
priated $5,000,000 for each of fiscal years 2012 through 
2016.’’. 
Æ 
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