I 
109TH CONGRESS 
1ST SESSION H. R. 4308 
To amend the Toxic Substances Control Act to reduce the exposure of 
children, workers, and consumers to toxic chemical substances. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 10, 2005 
Mr. WAXMAN (for himself, Ms. SOLIS, Ms. SLAUGHTER, and Mr. PALLONE) 
introduced the following bill; which was referred to the Committee on En-
ergy and Commerce 
A BILL 
To amend the Toxic Substances Control Act to reduce the 
exposure of children, workers, and consumers to toxic 
chemical substances. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Child, Worker, and 
Consumer-Safe Chemicals Act of 2005’’ or as the ‘‘Kid 
Safe Chemicals Act’’. 
SEC. 2. FINDINGS, POLICIES, AND GOALS. 
(a) FINDINGS.—Congress finds the following:
(1) The incidence of some diseases and dis-
orders which have been linked to chemical exposures 
are on the rise. 
(2) The metabolism, physiology, and exposure 
patterns of developing fetuses, infants, and children 
to toxic chemicals differ from those of adults, which 
makes children more vulnerable than adults to the 
harmful effects of exposure to some synthetic chemi-
cals. 
(3) Unlike pharmaceuticals and pesticides, 
manufacturers of most chemical substances are not 
required under current law to supply human or envi-
ronmental toxicity information before selling their 
products to the public. Consequently, the vast major-
ity of chemicals used in commercial products have 
never had any Federal review to evaluate potential 
toxicity to infants, children, developing fetuses, or 
adults. 
(4) Biomonitoring tests have shown that a 
fetus, infant, or child in the United States today 
often have many synthetic chemicals in their blood 
and tissue. 
(5) Despite these alarming discoveries, the En-
vironmental Protection Agency has reviewed the 
human health risks of only an estimated 2 percent
of the 62,000 chemicals that were in use in 1976, 
when Congress passed the Toxic Substances Control 
Act (15 U.S.C. 2601 et seq.). The Environmental 
Protection Agency has issued regulations to ban or 
restrict the use of only 5 chemical substances in 29 
years, due to the law’s excessively high administra-
tive and legal hurdles. 
(6) A fundamental overhaul of United States 
chemical management is needed to build a non-toxic 
environment for our children. 
(b) POLICY.—It is the policy of the United States 
to— 
(1) promote children’s health as a paramount 
national goal, recognizing that developing fetuses, 
infants, and children are uniquely vulnerable to the 
harmful effects of some toxic chemicals during all 
stages of their development; 
(2) minimize toxic substances in the environ-
ment of children, workers, and consumers by— 
(A) promoting the use of safer substitutes 
and solutions to reduce exposure to hazardous 
chemicals by rewarding business innovation; 
(B) holding chemical manufacturers re-
sponsible for providing complete health and 
safety data for each chemical they produce
prior to distribution of that chemical substance 
in commerce; and 
(C) providing the Environmental Protec-
tion Agency with authority to allow the com-
mercial distribution of chemical substances only 
where the data and information show there is 
a reasonable certainty that the chemical sub-
stances pose no harm to human health or the 
environment; and 
(3) provide the public and workers the full right 
to know about the health effects of the chemical sub-
stances to which they are exposed. 
(c) GOALS.—It is the goal of the United States to 
eliminate the exposure of all children, workers, consumers, 
and sensitive subgroups to harmful chemicals distributed 
in commerce by 2020 by— 
(1) identifying the highest priority chemical 
substances for review by 2007; 
(2) making a safety determination for, at a 
minimum, the first 300 priority chemical substances 
by 2010 and banning or restricting the use of a 
chemical substance if it cannot be shown to meet the 
safety standard; and 
(3) making a safety determination for all chem-
ical substances by 2020, and banning or restricting
the use of a chemical if it cannot be shown to meet 
the safety standard. 
SEC. 3. PROTECTION OF CHILDREN’S HEALTH FROM CHEM-
ICAL SUBSTANCES. 
(a) IN GENERAL.—The Toxic Substances Control Act 
(15 U.S.C. 2601 et seq.) is amended by adding at the end 
the following: 
‘‘TITLE V—CHILD SAFE 
CHEMICALS 
‘‘SEC. 501. MANUFACTURER SAFETY CERTIFICATIONS. 
‘‘(a) SAFETY STATEMENT AND INFORMATION.—Not 
later than 1 year after the date of enactment of this title, 
each manufacturer of a chemical substance distributed in 
commerce shall submit to the Administrator— 
‘‘(1) a statement signed by the chief executive 
officer of the manufacturer certifying, based on 
available information after a good faith inquiry, 
that— 
‘‘(A) the chemical substance meets the 
safety standard defined in section 503(a); or 
‘‘(B) there is insufficient data to determine 
whether the chemical substance meets that safe-
ty standard; and 
‘‘(2) all reasonably available information in the 
company’s possession or control that has not pre-
viously been submitted to the Administrator regard-
ing the physical, chemical, and toxicological prop-
erties of the chemical substance, and the annual pro-
duction volume and known uses of, and exposure 
and fate information relating to, the chemical sub-
stance. 
‘‘(b) UPDATING OF INFORMATION.—Each manufac-
turer of a chemical substance described in subsection (a) 
shall update the information described in subsection 
(a)(2)— 
‘‘(1) at a minimum, every 3 years; and 
‘‘(2) at any time at which there becomes avail-
able significant new information regarding a phys-
ical, chemical, or toxicological property of, or expo-
sure to, the chemical substance, including at a min-
imum any information that shows a new potential 
toxic effect, corroborates previous information show-
ing or suggesting a toxic effect, or suggests a toxic 
effect at a lower dose than previously demonstrated. 
‘‘(c) NEW CHEMICAL SUBSTANCES.—Prior to a new 
chemical substance being distributed in commerce, the 
chief executive officer of the manufacturer must certify the 
safety of that chemical substance as directed in subsection 
(a).
‘‘(d) DEFINITION OF TOXICOLOGICAL PROPERTY.— 
For the purposes of this title, ‘toxicological property’ 
means actual or potential toxicity, bioconcentration, or 
other biological or adverse effects, including but not lim-
ited to effects on mortality, morbidity, reproduction, devel-
opment, the immune system, the endocrine system, the 
brain or nervous system, or any other biological functions 
in humans or animals. 
‘‘SEC. 502. PRIORITY LIST OF CHEMICAL SUBSTANCES FOR 
EPA SAFETY DETERMINATION. 
‘‘(a) PRIORITY LIST.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of enactment of this title, the Admin-
istrator shall develop a priority list of not less than 
300 chemical substances (referred to in this title as 
the ‘priority list’) which shall be the first chemical 
substances for which a safety determination is made, 
as set forth in section 503. Chemical substances that 
may pose the greatest risk to humans shall be 
ranked as highest priority. 
‘‘(2) UPDATING OF LIST.—Additional chemical 
substances shall be added to the priority list at least 
annually until all chemical substances which meet 
the criteria set forth in subsection (b) have been 
added to the priority list.
‘‘(3) TREATMENT AS FINAL AGENCY ACTION.— 
Development of the priority list shall not be consid-
ered to be a final agency action for the purpose of 
subchapter II of chapter 5, and chapter 7, of title 
5, United States Code (commonly known as ‘the Ad-
ministrative Procedure Act’), but the Administra-
tor’s failure to issue or update a priority list by the 
deadline established in the Act shall be considered a 
failure to perform a nondiscretionary duty. 
‘‘(b) CRITERIA
FOR
IDENTIFYING
PRIORITIZED 
CHEMICAL SUBSTANCES.—In determining the priority list 
of chemical substances for a safety determination, the Ad-
ministration shall take into account whether the chemical 
substance— 
‘‘(1) is found in human blood, fluids, or tissue, 
unless the chemical substance is not synthetic and is 
naturally present at the level found in blood, fluids, 
or tissue; 
‘‘(2) is found in food or drinking water, unless 
the chemical substance is not synthetic and is natu-
rally present at the level found in food or drinking 
water; 
‘‘(3) is manufactured or discharged into the en-
vironment at a volume of more than 1,000,000 
pounds annually;
‘‘(4) is a known or suspected reproductive, neu-
rological, or immunological toxicant, carcinogen, 
mutagen, or endocrine disruptor, or causes negative 
developmental effects; or 
‘‘(5) is persistent or bioaccumulative. 
‘‘SEC. 503. EPA SAFETY DETERMINATION FOR CHEMICAL 
SUBSTANCES. 
‘‘(a) DEFINITION OF SAFETY STANDARD.—In this 
section, the term ‘safety standard’ means, with respect to 
a chemical substance (or another chemical substance with 
a common mechanism of action)— 
‘‘(1) a standard that provides a reasonable cer-
tainty that no harm will be caused by aggregate ex-
posure of a fetus, infant, child, worker, or member 
of other sensitive subgroup; and 
‘‘(2) in the case of a fetus, infant, or child, a 
standard that accounts for their special vulnerability 
to potential pre- and post-natal exposures by apply-
ing an additional 10 fold safety factor to the level 
established for adults. 
‘‘(b) CHEMICAL SAFETY INFORMATION.— 
‘‘(1) IN
GENERAL.—On receipt of a request 
from the Administrator, a manufacturer of the 
chemical substance shall provide to the Adminis-
trator all information requested under this sub-
section. 
‘‘(2) INFORMATION.—In making a determina-
tion with respect to a chemical substance under sub-
section (c), the Administrator shall take into account 
each of the following: 
‘‘(A) Environmental fate and transport, in-
cluding degradation, persistence in the environ-
ment, mobility, and distribution across environ-
mental media, of the chemical substance. 
‘‘(B) Biological fate and transport, includ-
ing metabolism, bioaccumulation and bio-
magnification potential, and toxicokinetics. 
‘‘(C) 
Acute, 
subchronic, 
and 
chronic 
human health effects of exposure to the sub-
stance, including reproductive, developmental, 
genotoxic, neurotoxic, immunotoxic, and endo-
crine-disrupting effects. 
‘‘(D) The potential for additive or syner-
gistic effects to result from exposure to multiple 
chemical substances. 
‘‘(E) The ecotoxicity of a chemical sub-
stance to avian, terrestrial, and aquatic species. 
‘‘(F) The presence of the chemical sub-
stance in, at a minimum—
‘‘(i) human blood, fluids, or tissue; 
and 
‘‘(ii) food or drinking water. 
‘‘(G) The uses of the chemical substance 
and associated known and potential releases 
and exposures. 
‘‘(3) MINIMUM DATA SET.—The Administrator 
shall establish a minimum set of data requirements 
that would ensure that determinations under sub-
section (c) are based on reliable data. 
‘‘(4) TIERING
PROCESS.—The Administrator 
shall have the authority to develop a tiering process 
for the submission of the information. 
‘‘(c) SAFETY DETERMINATION.— 
‘‘(1) PRIORITY CHEMICALS.— 
‘‘(A) IN GENERAL.—Not later than 3 years 
after the date on which a chemical substance 
has been placed on the priority list, the Admin-
istrator shall determine whether the manufac-
turer has established that the chemical sub-
stance meets the safety standard. 
‘‘(B) INTERIM STANDARDS.— 
‘‘(i) NOTICE
OF
PENDING
DETER-
MINATION.—If the Administrator fails to 
act within the deadlines established in sub-
paragraph (A), a manufacturer affected by 
the failure to act shall issue to the Admin-
istrator, the public, and each known cus-
tomer of a chemical substance a written 
notice that a determination of safety is 
pending. 
‘‘(ii) FAILURE OF ADMINISTRATOR TO 
ACT.—Not later than 5 years after the 
date on which a chemical substance has 
been placed on the priority list, if the Ad-
ministrator has not made a determination 
under subparagraph (A), the chemical sub-
stance shall not be distributed in com-
merce. 
‘‘(2) OTHER
CHEMICAL
SUBSTANCES.—Not 
later than 15 years after the date of enactment of 
this title, the Administrator shall determine whether 
each chemical substance distributed in commerce 
meets the safety standard. Not less than 1 time 
every 15 years thereafter, the Administrator shall 
reassess the safety of all chemical substances distrib-
uted in commerce. 
‘‘(3) NEW CHEMICAL SUBSTANCES.—As of the 
date that is 90 days after the date of enactment of 
this title, no new chemical substance shall be distrib-
uted in commerce unless the chemical substance has 
met the safety standard under subsection (a), as de-
termined by the Administrator. 
‘‘(d) BIOMONITORING.— 
‘‘(1) IN GENERAL.—Within 5 years after the 
date of enactment of this title, and every 3 years 
thereafter, a manufacturer of a chemical substance 
shall carry out a biomonitoring study to determine 
the presence in human blood, fluids, or tissue for 
any chemical substance— 
‘‘(A) which is manufactured in quantities 
greater than 1,000,000 pounds during 1 cal-
endar year; or 
‘‘(B) for any chemical substance distrib-
uted in commerce— 
‘‘(i) to which humans are exposed; 
and 
‘‘(ii) for which there is cause for con-
cern regarding the exposure (as deter-
mined by the Administrator), such as a po-
tential for persistence or bioaccumulation 
of the chemical substance. 
‘‘(2) STANDARD.—The Administrator shall by 
regulation establish a standard for biomonitoring 
studies under this subsection that includes—
‘‘(A) the use of a representative sample 
that ensures that likely exposed populations in-
cluding children are oversampled; and 
‘‘(B) a determination of appropriate detec-
tion levels of chemical substances. 
‘‘(3) SUBSTANCE DETECTION.—A manufacturer 
of a chemical substance subject to paragraph (1) 
shall make available to the public a practicable 
method (as determined by the Administrator) for de-
tecting the presence of the substance or any of its 
metabolites in human blood, fluids, and tissue. 
‘‘SEC. 504. REDUCTION OF HEALTH HAZARDS FOR CHIL-
DREN, WORKERS, AND CONSUMERS. 
‘‘(a) MARKET RESTRICTIONS.—No person shall man-
ufacture a chemical substance if— 
‘‘(1) the Administrator determines that the per-
son failed to act in accordance with section 501 or 
section 503; 
‘‘(2) the Administrator determines that the 
chemical substance does not meet the safety stand-
ard defined in section 503(a); or 
‘‘(3) the Administrator has not made a safety 
determination for the chemical substance by the 
deadline established in paragraph (1)(B)(ii), (2), or 
(3) of section 503(c).
‘‘(b) USE EXEMPTIONS.—The Administrator may 
allow manufacturing for a specified use of any chemical 
substance where the Administrator determines such use 
meets the safety standard defined in section 503(a). 
‘‘(c) EXEMPTION FROM BIOMONITORING.—Any man-
ufacturer that submitted to the Administrator a biomoni-
toring study of a chemical substance on or before the date 
of enactment of this title shall be exempt from the initial 
biomonitoring under section 503(d) for that chemical sub-
stance. 
‘‘(d) OTHER EXEMPTIONS.— 
‘‘(1) IN GENERAL.—The President, in his non- 
delegable duty, may make an exemption from this 
section for a specific use of a chemical substance for 
a period not to exceed 5 years if after public notice 
and comment he determines that— 
‘‘(A) an exemption is in the paramount in-
terest of national security, or if the lack of 
availability of the chemical substance would 
cause significant disruption in the national 
economy; and 
‘‘(B) no feasible alternative for the speci-
fied use of the chemical substance is available. 
‘‘(2) 
RENEWABILITY.—The 
President 
may 
renew an exemption under paragraph (1) for addi-
tional 5 year periods if the President concludes after 
public comment that such a renewal is necessary. 
‘‘(3) PUBLIC
NOTICE.—A manufacturer of a 
chemical substance for which an exemption under 
this subsection is made shall provide notice of the 
exemption to each known customer, and the Presi-
dent shall provide the public with a notice of such 
an exemption. 
‘‘SEC. 505. ANIMAL TESTING ALTERNATIVES. 
‘‘(a) ALTERNATIVES TO ANIMAL TESTING.— 
‘‘(1) IN GENERAL.—To minimize the use of ani-
mal testing of chemical substances, the Adminis-
trator shall— 
‘‘(A) require the use, where practicable, 
of— 
‘‘(i) existing data to fill data gaps by 
calling for mandatory disclosure of all ex-
isting data, and thoroughly investigating 
sources of existing data; 
‘‘(ii) replacement alternatives that— 
‘‘(I) do not involve the use of an 
animal to test the chemical substance; 
and
‘‘(II) provide information that is 
equivalent in scientific quality to the 
animal testing method; and 
‘‘(iii) reduction alternatives that use 
fewer animals than conventional animal- 
based tests when replacement alternatives 
are impracticable, including the use of 
tests that combine two or more endpoints; 
‘‘(B) encourage, where practicable— 
‘‘(i) the grouping of similar chemicals 
into categories to limit testing to only 
those chemicals which are representative of 
the group; and 
‘‘(ii) the forming of industry consortia 
to jointly conduct testing to avoid duplica-
tion of tests; and 
‘‘(C) fund research and validation studies 
to reduce and replace the use of animal tests as 
provided in this section. 
‘‘(2) LIST
OF
ALTERNATIVE
TESTING
METH-
ODS.—Not later than 1 year after the date of enact-
ment of this title, and triennially thereafter, the Ad-
ministrator, in consultation with the Interagency 
Science Advisory Board established in section 507,
shall publish a list of the alternative testing methods 
described in paragraph (1). 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out this section 
$5,000,000. 
‘‘SEC. 506. SAFER ALTERNATIVES AND GREEN CHEMISTRY. 
‘‘(a) SAFER ALTERNATIVES PROGRAM.—Within 1 
year after the date of enactment of this title, the Adminis-
trator shall establish a program to create market incen-
tives for the development of safer alternatives to existing 
chemical substances. This program shall include, but not 
be limited to— 
‘‘(1) expedited review of new chemical sub-
stances for which the manufacturer submits an al-
ternatives analysis indicating that the new chemical 
substance is the safer alternative for a particular use 
than existing chemical substances used for the same 
purpose; 
‘‘(2) recognition for a chemical substance found 
by the Administrator to be a safer alternative for a 
particular use by means of a special designation in-
tended for use in marketing the safer alternative, 
and periodic public awards; and 
‘‘(3) other incentives as the Administrator con-
siders appropriate to encourage the development,
marketing and use of chemical substances found by 
the Administrator to be safer alternatives for the 
particular uses. 
‘‘(b) GREEN CHEMISTRY RESEARCH AND CLEARING-
HOUSE NETWORK.— 
‘‘(1) IN GENERAL.—The Administrator shall es-
tablish a network of not less than 4 green chemistry 
and technology research and clearinghouse centers, 
located in various regions of the United States, to 
support the development and adoption of safer alter-
natives to chemical substances, particularly chemical 
substances placed on the priority list. 
‘‘(2) REQUIREMENTS.—The research and clear-
inghouse centers described in paragraph (1) shall— 
‘‘(A) provide technical assistance relating 
to alternatives analysis, green chemistry, and 
green technology techniques to small and me-
dium-sized manufacturers of chemical sub-
stances; 
‘‘(B) provide technical training relating to 
alternatives analysis, green chemistry, and 
green technology techniques to students and 
professionals; 
‘‘(C) conduct alternatives analysis, green 
chemistry and green technology research; and
‘‘(D) provide grants to promote and sup-
port the research, development, adoption and 
use of alternatives to the activities identified in 
subparagraphs (A), (B), and (C). 
‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
this subsection— 
‘‘(A) for fiscal year 2006, $40,000,000; 
and 
‘‘(B) for each of fiscal years 2007 through 
2010, $30,000,000. 
‘‘SEC. 507. INTERAGENCY SCIENCE ADVISORY BOARD ON 
CHILDREN’S 
HEALTH 
AND 
TOXIC 
SUB-
STANCES. 
‘‘(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this title, the Administrator shall 
form an Interagency Science Advisory Board on Children’s 
Health and Toxic Substances which shall include at a min-
imum representatives from the National Institute of Envi-
ronmental Heath Sciences, the Centers for Disease Con-
trol and Prevention, the National Toxicology Program, the 
National Cancer Institute, the National Tribal Science 
Council and not less than 3 centers of children’s health 
at leading universities.
‘‘(b) PURPOSES.—The purposes of the Board shall be 
to— 
‘‘(1) provide independent advice and peer review 
to the Administrator and Congress on the scientific 
and technical aspects of problems and issues related 
to the requirement of this title; 
‘‘(2) review the scientific and technical basis for 
the standards, rules, guidance, and other science- 
based decisions under this Act and providing expert 
consultation and advice to the Administrator; and 
‘‘(3) reduce the duplication of the efforts by 
manufactures to conform with the requirements of 
this title, and to reduce animal testing. 
‘‘SEC. 508. COOPERATION WITH INTERNATIONAL EFFORTS. 
‘‘In cooperation with the Secretary of State and the 
head of any other appropriate Federal agency (as deter-
mined by the Administrator), the Administrator shall co-
operate with any international effort— 
‘‘(1) to develop a common protocol or electronic 
database relating to chemical substances; or 
‘‘(2) to develop safer alternatives for chemical 
substances. 
‘‘SEC. 509. PUBLIC ACCESS TO INFORMATION. 
‘‘(a) TRANSMISSION
TO
ADMINISTRATOR.—Each 
Federal agency and Federal institution shall transmit to
the Administrator all information provided to the Federal 
agency or institution relating to a hazard of or risk of 
exposure to a chemical substance. 
‘‘(b) ELECTRONIC DATABASE.— 
‘‘(1) STANDARD.—Not later than 180 days 
after the date of enactment of this title, the Admin-
istrator, in collaboration with interested parties, 
shall establish standards for an electronic format for 
sharing of information relating to the toxicity and 
use of, and exposure to, chemical substances. 
‘‘(2) DATABASE.—Not later than 3 years after 
the date of enactment of this title, the Adminis-
trator, in collaboration with interested parties, shall 
develop, and establish procedures for maintaining, a 
database in which to store the information described 
in paragraph (1). 
‘‘(c) PUBLIC
ACCESS.—The Administrator shall 
make available to the public— 
‘‘(1) any information provided to the Adminis-
trator relating to the properties and hazards of a 
chemical substance; and 
‘‘(2) any nonconfidential information, as de-
scribed in section 510, provided to the Administrator 
relating to exposure to the substance.
‘‘(d) RELIABLE INFORMATION.—The Administrator 
shall establish procedures to ensure data reliability that 
include— 
‘‘(1) not less than 1 time each year, the Admin-
istrator shall randomly inspect not less than 3 per-
cent of the commercial and private laboratories 
which develop the data required by the title on the 
various properties and characteristics of a chemical 
substance; and 
‘‘(2) annually, the Administrator shall perform 
a comprehensive data audit on a statistically signifi-
cant number of the data submissions submitted by 
manufacturers under this title. 
‘‘SEC. 510. CONFIDENTIAL BUSINESS INFORMATION. 
‘‘(a) IN GENERAL.—If a manufacturer of a chemical 
substance submits to the Administrator or any other Fed-
eral agency or institution any confidential business infor-
mation (as defined in section 350.27 of volume 40, Code 
of Federal Regulations, as in effect on the date of enact-
ment of this title), the chief executive officer shall provide 
to the Administrator or other Federal agency or insti-
tute— 
‘‘(1) a written justification for maintaining the 
confidentiality of the information, including, if appli-
cable, a statement that the information must be kept
confidential to protect a trade secret of the manufac-
turer; and 
‘‘(2) certification that the information is not 
otherwise publicly available. 
‘‘(b) INFORMATION FROM FOREIGN COUNTRIES.— 
Any information provided to the Administrator by an offi-
cer or employee of a foreign government shall be consid-
ered to be confidential business information if the infor-
mation is considered to be confidential business informa-
tion by the officer or employee of the foreign government, 
except as described in subsection (c). 
‘‘(c) NONCONFIDENTIAL INFORMATION.—The name 
of a chemical substance and all information concerning its 
effects on human health or the environment shall not be 
considered to be confidential business information under 
this section. 
‘‘SEC. 511. RELATIONSHIP TO OTHER LAW. 
‘‘Nothing in this title affects the right of a State or 
political subdivision of a State to adopt or enforce any reg-
ulation, requirement, liability, or standard of performance 
that is more stringent than a regulation, requirement, li-
ability, or standard of performance established by this 
title.’’. 
(b) EFFECT
OF
SECTION.—Notwithstanding the 
amendment made by subsection (a)(1), any regulation pro-
mulgated (including any prohibition or restriction issued) 
under the provisions repealed by that subsection before the 
date of enactment of this Act shall remain in effect until 
the date on which the Administrator of the Environmental 
Protection Agency promulgates new regulations under 
title V of the Toxic Substances Control Act (15 U.S.C. 
2601 et seq.) (as added by subsection (a)(2)). 
(c) CONFORMING AMENDMENTS.— 
(1) TESTING OF CHEMICAL SUBSTANCES AND 
MIXTURES.—Section 4 of the Toxic Substances Con-
trol Act (15 U.S.C. 2603) is amended— 
(A) in subsection (f), in the matter fol-
lowing paragraph (2), by inserting ‘‘, or title 
V,’’ after ‘‘section 5, 6, or 7’’; and 
(B) in subsection (g), by inserting ‘‘or title 
V’’ after ‘‘section 5(a)’’. 
(2) MANUFACTURING
AND
PROCESSING
NO-
TICES.—Section 5 of the Toxic Substances Control 
Act (15 U.S.C. 2604) is amended— 
(A) in subsection (b)— 
(i) in paragraph (1)(A)(ii), by insert-
ing ‘‘or title V’’ after ‘‘section 4’’; and 
(ii) in paragraph (2)(A)(ii), by insert-
ing ‘‘or title V’’ after ‘‘section 4’’;
(B) in subsection (d)(2)(C), by inserting 
‘‘or title V’’ after ‘‘section 4’’; 
(C) in subsection (e)(2)(D), in the first 
sentence, by inserting ‘‘or title V’’ after ‘‘sec-
tion 6(a)’’; 
(D) in subsection (f)— 
(i) in paragraph (1), by inserting ‘‘or 
title V’’ after ‘‘section 6’’; 
(ii) in paragraph (2), in the matter 
preceding subparagraph (A), by inserting 
‘‘or title V’’ after ‘‘section 6(a)’’; and 
(iii) in paragraph (3)(B), by inserting 
‘‘or title V’’ after ‘‘section 6’’; and 
(E) in subsection (g), by inserting ‘‘, or 
title V,’’ after ‘‘section 6 or 7’’. 
(3) IMMINENT
HAZARDS.—Section 7 of the 
Toxic Substances Control Act (15 U.S.C. 2606) is 
amended— 
(A) in subsection (a)— 
(i) in paragraph (1), in the matter fol-
lowing subparagraph (C)— 
(I) by striking ‘‘section 4, 5, 6, 
or title IV’’ and inserting ‘‘section 4, 
5, or 6, or title IV or V,’’; and
(II) by striking ‘‘section 5 or title 
IV’’ and inserting ‘‘section 5 or title 
IV or V’’; and 
(ii) in paragraph (2), by inserting 
‘‘title V or’’ before ‘‘section 6(a)’’; and 
(B) in subsection (f), in the second sen-
tence, by inserting ‘‘or title V’’ after ‘‘section 
6’’. 
(4) REPORTING AND RETENTION OF INFORMA-
TION.—Section 8 of the Toxic Substances Control 
Act (15 U.S.C. 2607) is amended— 
(A) in subsection (a)(3)(A)(ii)— 
(i) in subclause (I), by inserting ‘‘or 
title V’’ after ‘‘or 6,’’; and 
(ii) in subclause (II), by inserting ‘‘or 
title V’’ after ‘‘section 5 or 7’’; and 
(B) in subsection (b)(1)— 
(i) in the first sentence, by striking 
‘‘section 5 or subsection (a) of this sec-
tion’’ and inserting ‘‘subsection (a), section 
5, or title V’’; and 
(ii) in the second sentence, by insert-
ing ‘‘or title V’’ after ‘‘section 5’’.
(5) 
RELATIONSHIP
TO
OTHER
FEDERAL 
LAWS.—Section 9(a) of the Toxic Substances Con-
trol Act (15 U.S.C. 2608(a)) is amended— 
(A) in paragraph (2), in the matter fol-
lowing subparagraph (B), by inserting ‘‘or title 
V’’ after ‘‘section 6 or 7’’; and 
(B) in paragraph (3), by inserting ‘‘or title 
V’’ after ‘‘section 6 or 7’’. 
(6) EXPORTS.—Section 12 of the Toxic Sub-
stances Control Act (15 U.S.C. 2611) is amended— 
(A) in subsection (a)(2), by inserting ‘‘or 
title V’’ after ‘‘section 4’’; and 
(B) in subsection (b)— 
(i) in paragraph (1), by inserting ‘‘or 
title V’’ after ‘‘section 4 or 5(b)’’; and 
(ii) in paragraph (2)— 
(I) by inserting ‘‘or title V’’ after 
‘‘issued under section 5’’; 
(II) by inserting ‘‘or title V’’ 
after ‘‘section 5 or 6’’; and 
(III) by inserting ‘‘or title V’’ 
after ‘‘section 5 or 7’’. 
(7) ENTRY INTO CUSTOMS TERRITORY OF THE 
UNITED
STATES.—Section 13(a)(1) of the Toxic 
Substances Control Act (15 U.S.C. 2612(a)(1)) is
amended by striking subparagraph (B) and inserting 
the following: 
‘‘(B) the substance, mixture, or article is 
offered for entry in violation of section 5, 6, or 
7, or title IV or V.’’. 
(8) 
DISCLOSURE
OF
DATA.—Section 
14(b)(1)(A)(ii) of the Toxic Substances Control Act 
(15 U.S.C. 2613(b)(1)(A)(ii)) is amended by strik-
ing ‘‘for which testing’’ and all that follows through 
‘‘section 5, and’’ and inserting ‘‘for which testing or 
a notification is required under section 4 or 5 or 
title V; and’’. 
(9) PROHIBITED
ACTS.—Section 15 of the 
Toxic Substances Control Act (15 U.S.C. 2614) is 
amended— 
(A) by striking paragraph (1) and insert-
ing the following: 
‘‘(1) fail or refuse to comply with any rule or 
requirement under section 4, 5, or 6, or title II or 
V;’’; and 
(B) in paragraph (2), by striking ‘‘viola-
tion of section 5’’ and all that follows through 
‘‘section 5 or 7’’ and inserting ‘‘violation of sec-
tion 5, 6, or 7, or title V’’.
(10) SPECIFIC ENFORCEMENT AND SEIZURE.— 
Section 17(a)(1) of the Toxic Substances Control 
Act (15 U.S.C. 2616(a)(1)) is amended— 
(A) by striking subparagraph (B) and in-
serting the following: 
‘‘(B) restrain any person from taking an 
action prohibited under section 5 or 6, or title 
IV or V;’’; and 
(B) in subparagraph (D), by striking ‘‘in 
violation’’ and all that follows through ‘‘title 
IV’’ and inserting ‘‘in violation of section 5 or 
6 or title IV or V’’. 
(11) PREEMPTION.—Section 18 of the Toxic 
Substances Control Act (15 U.S.C. 2617) is amend-
ed to read as follows: 
‘‘SEC. 18. PREEMPTION. 
‘‘Nothing in this Act affects the authority of a State 
or political subdivision of a State to establish or continue 
in effect any regulation of a chemical substance, mixture, 
or article containing a chemical substance or mixture.’’. 
(12) JUDICIAL
REVIEW.—Section 19 of the 
Toxic Substances Control Act (15 U.S.C. 2618) is 
amended— 
(A) in subsection (a)— 
(i) in paragraph (1)—
(I) in subparagraph (A), by strik-
ing ‘‘title II or IV’’ and inserting 
‘‘title II, IV, or V’’; and 
(II) in subparagraph (B), by in-
serting ‘‘or title V’’ after ‘‘section 
6(b)(1)’’; and 
(ii) in paragraph (3), by striking sub-
paragraph (B) and inserting the following: 
‘‘(B) for a rule or finding under section 4, 
5, or 6, or title IV or V, the finding required 
for the issuance of the rule;’’; and 
(B) in subsection (c)(1)(B)— 
(i) in clause (i), by inserting ‘‘, or title 
V,’’ after ‘‘6(e)’’; and 
(ii) in clause (iii)(I), by striking ‘‘sec-
tion 6(c)(1), or’’ and inserting ‘‘section 
6(c)(1) or title V; or’’. 
(13) 
CITIZENS’ 
CIVIL
ACTIONS.—Section 
20(a)(1) of the Toxic Substances Control Act (15 
U.S.C. 2619(a)(1)) is amended by striking ‘‘title II 
or IV’’ and inserting ‘‘title II, IV, or V’’. 
(14) CITIZENS’ PETITIONS.—Section 21 of the 
Toxic Substances Control Act (15 U.S.C. 2620) is 
amended—
(A) in subsection (a), by striking ‘‘a rule 
under’’ and all that follows through ‘‘6(b)(2)’’ 
and inserting ‘‘a rule or order under section 4, 
5, 6, or 8, or title V’’; and 
(B) in subsection (b)— 
(i) in paragraph (1), by striking ‘‘ a 
rule under’’ and all that follows through 
‘‘6(b)(1)(B)’’ and inserting ‘‘a rule or 
order under section 4, 5, 6, or 8, or title 
V’’; 
(ii) in paragraph (3), in the first sen-
tence, by inserting ‘‘, or title V’’ after 
‘‘section 4, 5, 6, or 8’’; and 
(iii) in paragraph (4)(B)— 
(I) in the matter preceding clause 
(i), by striking ‘‘section 4’’ and all 
that follows through ‘‘6(b)(2)’’ and in-
serting ‘‘rule or order under section 4, 
5, 6, or 8, or title V’’; 
(II) in clause (i), by striking ‘‘a 
rule under’’ and all that follows 
through ‘‘section 5(e)’’ and inserting 
‘‘a rule or order under section 4 or 5 
or title V’’; and