[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3040 Introduced in Senate (IS)]
110th CONGRESS
2d Session
S. 3040
To amend the Toxic Substances Control Act to reduce the exposure of
children, workers, and consumers to toxic chemical substances.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 20, 2008
Mr. Lautenberg (for himself, Mr. Menendez, Mr. Whitehouse, Mrs.
Clinton, and Mr. Kerry) introduced the following bill; which was read
twice and referred to the Committee on Environment and Public Works
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Kid-Safe Chemicals Act of 2008''.
SEC. 2. FINDINGS, POLICIES, AND GOALS.
(a) Findings.--Congress finds that--
(1) the incidence of some diseases and disorders that 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 chemicals;
(3) unlike manufacturers of pharmaceuticals and pesticides,
manufacturers of most chemical substances are not required
under current law to supply human or environmental toxicity
information before selling their products to the public;
(4) consequently, the vast majority of chemicals used in
commercial products have never had any Federal review to
evaluate potential toxicity of the produces to infants,
children, developing fetuses, or adults;
(5) biomonitoring tests have shown that a fetus, infant, or
child in the United States today often has many synthetic
chemicals in its blood and tissue;
(6) certain chemicals that are persistent or slow to
degrade and which bioaccumulate in human bodies and wildlife
have been found to be increasing in the environment;
(7) despite those alarming discoveries, the Environmental
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.);
(8) the Administrator of the Environmental Protection
Agency (referred to in this Act as the ``Administrator'') has
promulgated regulations to ban or restrict the use of only 5
chemical substances in 29 years, based on the excessively high
administrative and legal hurdles imposed by that Act;
(9) the chemical industry is an important part of the
economy of the United States that has demonstrated innovation
in meeting environmental challenges and is taking voluntary
steps to help ensure that the products of the industry are
safe;
(10) there is significant global trade in the chemical
sector and many of the companies that conduct business in the
United States must also comply with chemical safety regulatory
programs in other countries;
(11) the data that is generated to comply with these other
regulatory programs would be useful in understanding hazards
presented in the United States; and
(12) a fundamental overhaul of chemical management in the
United States is needed to build a nontoxic environment for the
children of the United States.
(b) Policy.--It is the policy of the United States--
(1) to 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) to minimize toxic substances in the environment of
children, workers, and consumers by--
(A) promoting the use of safer alternatives and
other actions to reduce exposure to hazardous chemicals
and reward business innovation;
(B) holding chemical manufacturers responsible for
providing robust health and safety data for each
chemical produced by the manufacturers prior to
distribution of that chemical substance in commerce;
and
(C) providing to the Administrator the authority to
allow the commercial distribution of chemical
substances only in cases in which data and other
information indicate that there is a reasonable
certainty that the chemical substances pose no harm to
human health or the environment; and
(3) to guarantee that the public and workers have an
absolute right to know about the hazards and health effects of
the chemical substances to which they are exposed.
(c) Goal.--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 calendar year 2020 by--
(1) identifying the highest-priority chemical substances
for review by calendar year 2009;
(2)(A) making a safety determination for, at a minimum, the
first 300 priority chemical substances by calendar year 2012;
and
(B) banning or restricting the use of a chemical substance
if it cannot be demonstrated that the substance meets the
applicable safety standard;
(3)(A) making a safety determination for all chemical
substances by calendar year 2020; and
(B) banning or restricting the use of those substances if
it cannot be demonstrated that the substances meet the
applicable safety standard; and
(4) encouraging the replacement of harmful chemicals with
safer alternatives.
SEC. 3. PROTECTION OF CHILDREN'S HEALTH FROM CHEMICAL 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. DEFINITIONS.
``In this title:
``(1) Board.--The term `Board' means the Interagency
Science Advisory Board on Children's Health and Toxic
Substances established under section 510(a).
``(2) Director.--The term `Director' means the Director of
the National Center for Environmental Health at the Centers for
Disease Control and Prevention.
``(3) Priority list.--The term `priority list' means the
priority list of chemical substances developed by the
Administrator under section 503(b)(1).
``(4) Reasonable certainty.--The term `reasonable
certainty', with respect to the finding, in establishing a
safety standard, that no harm will be caused by aggregate
exposure of a fetus, infant, child, worker, or member of other
sensitive subgroup to a chemical substance, means that--
``(A) for risks posed by a chemical substance with
a nonthreshold effect, exposure to all sources of the
chemical substance presents not more than a 1-in-
1,000,000 risk of adverse effects in the population of
concern; and
``(B) for risks posed by a chemical substance with
a threshold effect, as established by the Administrator
based on supporting data, an additional tenfold margin
of safety shall be applied to take into account the
potential vulnerability associated with in-utero,
infant, or childhood exposure to all sources of the
chemical substance.
``(5) Safety standard.--The term `safety standard' means,
with respect to a chemical substance (or another chemical
substance with a common mechanism of action), a standard that--
``(A) provides a reasonable certainty that no harm
will be caused by aggregate exposure of a fetus,
infant, child, worker, or member of other sensitive
subgroup to the chemical substance; and
``(B) is requisite to protect the public welfare
from any known or anticipated adverse effects
associated with the chemical substance.
``(6) Toxicological property.--
``(A) In general.--The term `toxicological
property' means actual or potential toxicity,
bioconcentration, or other biological or adverse
effects of a chemical substance.
``(B) Inclusions.--The term `toxicological
property' includes actual or potential effects of
exposure to a chemical substance on--
``(i) mortality;
``(ii) morbidity;
``(iii) reproduction;
``(iv) development;
``(v) the immune system;
``(vi) the endocrine system;
``(vii) the brain or nervous system; or
``(viii) any other biological functions in
humans or animals.
``SEC. 502. MANUFACTURER SAFETY CERTIFICATIONS FOR EXISTING CHEMICALS
IN COMMERCE.
``(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 for the chemical substance; or
``(B) there are insufficient data to determine
whether the chemical substance meets that safety
standard; and
``(2) all reasonably available information in the
possession or control of the manufacturer that has not
previously been submitted to the Administrator regarding the
physical, chemical, and toxicological properties of the
chemical substance, including the annual production volume and
known uses of, and exposure and fate information relating to,
the chemical substance.
``(b) Updating of Information.--Each manufacturer of a chemical
substance described in subsection (a) shall update and submit to the
Administrator the information described in subsection (a)(2)--
``(1) at a minimum, every 3 years; and
``(2) at any time at which there becomes available
significant new information regarding a physical, chemical, or
toxicological property of, or exposure to, the chemical
substance, including, at a minimum, any information that--
``(A) demonstrates a new potential toxic effect of
the chemical substance;
``(B) corroborates previous information
demonstrating or suggesting a toxic effect; or
``(C) suggests a toxic effect at a lower dose than
previously demonstrated.
``SEC. 503. PRIORITY LIST OF CHEMICAL SUBSTANCES FOR EPA SAFETY
DETERMINATION.
``(a) Categorization.--Not later than 5 years after the date of
enactment of this title, the Administrator shall publish in the Federal
Register a list of all chemical substances distributed in commerce that
categorizes the chemical substances, based on existing information
available to the Administrator, into 1 or more of the following
categories:
``(1) Chemical substances that meet 1 or more of the
criteria described in subsection (c), with each such enumerated
criterion being a separate category.
``(2) Chemical substances for which available information
is insufficient to determine whether the chemical substances
meet any of the criteria referred to in paragraph (1).
``(b) Priority List.--
``(1) In general.--Not later than 18 months after the date
of enactment of this title, the Administrator shall develop and
publish a priority list of not less than 300 chemical
substances for which safety determinations under section 504
shall first be made.
``(2) Updating of list.--The Administrator shall add at
least 200 chemical substances to the priority list annually
until all chemical substances that meet the criteria described
in subsection (c) have been added to the priority list.
``(3) Petition.--Not later than 180 days after the date on
which the Administrator receives from any individual or entity
a petition to nominate a chemical substance for addition to the
priority list, the Administrator shall determine whether to add
the nominated chemical substance to the priority list.
``(c) Criteria for Identifying Prioritized Chemical Substances.--In
developing or updating the priority list, the Administrator shall take
into account all relevant data with respect to chemical substances
considered for inclusion on the priority list, including whether a
chemical substance--
``(1) or the metabolite or degradation byproduct of the
chemical substance, is found in human blood, fluids, or tissue,
unless the chemical substance is not synthetic and is naturally
present at the level commonly found in blood, fluids, or
tissue;
``(2) is found in food, drinking water, or indoor air,
unless the chemical substance is not synthetic and is naturally
present at the level commonly found in food, drinking water, or
indoor air;
``(3) is manufactured or discharged into the environment at
a volume of more than 1,000,000 pounds annually;
``(4) is a known or suspected reproductive, neurological,
or immunological toxicant, carcinogen, mutagen, or endocrine
disruptor, or causes negative developmental effects or has
other toxicological properties of concern; or
``(5) is persistent or bioaccumulative.
``(d) Treatment as Final Agency Action; Nondiscretionary Duty.--
``(1) Treatment as final agency action.--Neither
categorization of a chemical substance under subsection (a),
nor inclusion of a chemical substance on the priority list,
shall be considered 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 Administrative
Procedure Act').
``(2) Nondiscretionary duty.--The failure of the
Administrator to categorize chemical substances or issue or
update the priority list in accordance with this section shall
be considered to be a failure to perform a nondiscretionary
duty.
``SEC. 504. EPA SAFETY STANDARD DETERMINATION FOR CHEMICAL SUBSTANCES.
``(a) In General.--
``(1) Risk.--The Administrator shall interpret a reasonable
certainty of no harm under this section to mean that--
``(A) for risks posed by chemical substances with
nonthreshold effects, aggregate exposure to the
chemical substance presents not more than a 1 in
1,000,000 risk of adverse effects in the population of
concern; and
``(B) for risks posed by chemical substances with
threshold effects, an additional tenfold margin of
safety shall be applied to take into account the
potential vulnerability associated with in-utero,
infant, or childhood exposure to all sources of the
chemical substance.
``(2) Assumption.--The Administrator shall not assume a
threshold exposure level for any adverse effect of a chemical
substance unless the Administrator determines that the
manufacturer has established the existence of a threshold level
for the adverse effect for the chemical substance.
``(b) Safety Determination.--
``(1) Priority chemicals.--
``(A) In general.--Not later than 3 years after the
date on which a chemical substance is placed on the
priority list, the Administrator--
``(i) beginning with the 300 chemical
substances first listed on the priority list,
shall determine whether the manufacturer of
each chemical substance has established that
the chemical substance meets the safety
standard; and
``(ii) in making that determination, may
consider any risk reduction achieved pursuant
to section 507.
``(B) Interim standards.--
``(i) Notice of pending determination.--If
the Administrator fails to act by an applicable
deadline under subparagraph (A), a manufacturer
of a chemical substance affected by the failure
to act shall issue to the Administrator, the
public, and each known customer of the chemical
substance a written notice that a determination
by the Administrator of the safety of the
chemical substance is pending.
``(ii) Failure of administrator to act.--
Not later than 5 years after the date on which
a chemical substance is placed on the priority
list, if the Administrator has not made a
determination under subparagraph (A) with
respect to the chemical substance, the chemical
substance shall not be manufactured, imported,
or distributed in commerce.
``(2) Other chemical substances.--Not later than 15 years
after the date of enactment of this title, and every 15 years
thereafter, the Administrator shall assess, or reassess, as the
case may be, whether the manufacturer of each chemical
substance distributed in commerce as of that date has
established that the chemical substance meets the safety
standard.
``(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 distributed in commerce unless the
Administrator determines that the manufacturer of the chemical
substance has established that the chemical substance meets the
safety standard, as determined by the Administrator.
``(4) New information.--The Administrator may redetermine
whether a manufacturer of a chemical substance distributed in
commerce has established that the chemical substance meets the
safety standard if, in the judgment of the Administrator, new
information raises a credible question as to whether the
chemical substance continues to meet the safety standard.
``(c) Information.--In making a determination with respect to a
chemical substance under subsection (b), the Administrator, based upon
the information collected under subsection (b), shall take into
account--
``(1) environmental fate and transport of the chemical
substance, including--
``(A) degradation;
``(B) persistence in the environment;
``(C) mobility; and
``(D) distribution across environmental media;
``(2) biological fate and transport of the chemical
substance, including--
``(A) metabolism;
``(B) bioaccumulation and biomagnification
potential; and
``(C) toxicokinetics;
``(3) acute, subchronic, and chronic human health effects
of exposure to the chemical substance, including reproductive,
developmental, genotoxic, neurotoxic, immunotoxic, and
endocrine-disrupting effects;
``(4) the potential for additive or synergistic effects to
result from exposure to multiple chemical substances;
``(5) the ecotoxicity of the chemical substance to avian,
terrestrial, and aquatic species;
``(6) the presence of the chemical substance in, at a
minimum--
``(A) human blood, fluids, and tissue; and
``(B) food, drinking water, and indoor air;
``(7) the uses of the chemical substance and associated
known and potential releases and exposures;
``(8) the potential effects of the chemical substance
resulting from low-dose exposures;
``(9) the timing of exposure during sensitive stages of
human development; and
``(10) the size, shape, and surface properties, and any
other physical characteristics, of the chemical substance that
may effect the toxicity, hazards, or exposure of the chemical
substance.
``SEC. 505. ADDRESSING PRENATAL EXPOSURES.
``(a) Monitoring Prenatal Exposure.--If, through studies performed
pursuant to section 506(d) or by other means, the Administrator
identifies a chemical substance that may be present in human blood,
fluids, or tissue, the Administrator shall arrange for the Director to
conduct, not later than 2 years after the date on which the
Administrator makes the identification, a biomonitoring study to
determine the presence of the chemical substance in human cord blood.
``(b) Publication.--Upon completion of the study conducted under
subsection (a)--
``(1) the Director shall inform the Administrator of the
results of the study; and
``(2) the Administrator shall publish the results on the
Internet.
``(c) Priority List Chemical Substances Found in Human Cord
Blood.--
``(1) In general.--Any chemical substance that is on the
priority list because the chemical substance meets criteria
described in paragraph (4) or (5) of section 503(c) and is
found to be present in human cord blood under this section
shall be presumed by the Administrator to have failed to meet
the safety standard under section 504.
``(2) Rebuttal.--The presumption under paragraph (1) may be
rebutted only if the Administrator determines that the chemical
substances meets the safety standard under section 504.
``SEC. 506. COLLECTION OF CHEMICAL SAFETY INFORMATION.
``(a) In General.--On receipt of a request from the Administrator,
a manufacturer of a chemical substance shall provide to the
Administrator all information requested under this section.
``(b) Minimum Data Requirements.--
``(1) In general.--Not later than 180 days after the date
of enactment of this title, the Administrator shall establish
minimum data requirements that would ensure that determinations
under section 504 are based on sufficient and reliable data.
``(2) Requirements.--The minimum data requirements shall--
``(A) at a minimum, require the submission of
information sufficient to determine whether a chemical
substance has the potential--
``(i) to persist or bioaccumulate in humans
or nonhuman organisms;
``(ii) to cause skin irritation or skin
sensitization;
``(iii) to cause mutations, cytogenicity,
or chromosomal aberrations;
``(iv) to cause acute or chronic toxicity
in humans;
``(v) to cause reproductive or
developmental toxicity in humans;
``(vi) to cause acute or chronic toxicity
in aquatic organisms;
``(vii) to persist in the environment; or
``(viii) to degrade into substances that
have the potential to exhibit any of the
effects described in clauses (i) through (vii);
and
``(B) include the requirement to submit--
``(i) production, processing, use, and
exposure-related information;
``(ii) an assessment of the number of
workers reasonably likely to be exposed to the
chemical substance at the site of manufacture;
and
``(iii) a description of the commercial and
consumer uses of the chemical substance.
``(c) Tiering Process.--The Administrator may develop a tiering
process for use in the submission of the information under this
section.
``(d) Biomonitoring.--
``(1) In general.--Not later than 2 years after the date of
enactment of this title, and every 3 years thereafter, the
Director shall, at the expense of manufacturers of chemical
substances, carry out a biomonitoring study to determine the
presence in human blood, fluids, or tissue for any chemical
substance that is--
``(A) manufactured in quantities greater than
1,000,000 pounds during 1 calendar year; or
``(B) distributed in commerce--
``(i) to which humans are exposed; and
``(ii) for which there is cause for concern
regarding the exposure (as determined by the
Administrator), such as a potential for
persistence or bioaccumulation of the chemical
substance.
``(2) User fee.--Not later than 1 year after the date of
enactment of this title, the Director shall establish a user
fee program to ensure that the manufacturer of a chemical
substance provides the necessary funds to carry out a
biomonitoring study for the chemical substance pursuant to
paragraph (1).
``(3) 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, including
children, are oversampled; and
``(B) a determination of appropriate detection
levels of chemical substances.
``(4) Substance detection.--A manufacturer of a chemical
substance that is subject to paragraph (1) shall make available
to the public a practicable method (as determined by the
Administrator) for use in detecting the presence of the
chemical substance (or any metabolite of the chemical
substance) in human blood, fluids, and tissue.
``SEC. 507. REDUCTION OF HEALTH HAZARDS FOR CHILDREN, WORKERS, AND
CONSUMERS.
``(a) Market Restrictions.--No person shall manufacture, import, or
distribute in commerce a chemical substance if--
``(1) the Administrator determines that the person failed
to act in accordance with section 502 or section 506; or
``(2) the Administrator determines that the chemical
substance does not meet the applicable safety standard.
``(b) Use Exemptions.--
``(1) In general.--In any case in which a chemical
substance does not meet the safety standard because of an
aggregation of exposure, the Administrator, upon receipt of a
petition or upon the initiative of the Administrator, may allow
manufacturing for a specified use of the chemical substance if
the Administrator determines that the manufacturer has
established that the use meets the safety standard on an
ongoing and verifiable basis.
``(2) Considerations.--In making a determination under
paragraph (1), the Administrator shall consider exposures
pursuant to other use exemptions issued by the Administrator.
``(3) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B), a use exemption issued under this
subsection shall remain in effect for not longer than 5
years.
``(B) Subsequent use exemptions.--The Administrator
may issue subsequent use exemptions that may remain in
effect for not longer than 5 years.
``(c) Unsafe Chemical Substances Found in Products.--The
Administrator may prohibit a specified use of a chemical substance in
consumer products if, after providing public notice and an opportunity
for comment, the Administrator determines that the use of the product
in the home results in human exposure that does not meet the safety
standard.
``(d) Other Exemption.--
``(1) In general.--The President, in a nondelegable
capacity, may make an exemption from this section for a
specific use of a chemical substance for a period of not to
exceed 5 years if, after providing public notice and an
opportunity for comment, the President determines that--
``(A) an exemption is in the paramount interest of
national security, or the lack of availability of the
chemical substance would cause significant disruption
in the national economy; and
``(B) no feasible alternative for the specified use
of the chemical substance is available.
``(2) Renewability.--The President may renew an exemption
under paragraph (1) for 1 or more additional 5-year periods if
the President concludes, after providing public notice and an
opportunity for comment, that a renewal is necessary.
``(3) Public notice.--If the President grants an exemption
for a chemical substance under this subsection--
``(A) the manufacturer of the chemical substance
shall provide notice of the exemption to each known
customer of the manufacturer; and
``(B) the President shall provide the public with a
notice of the exemption.
``(e) Other Agency Rulemakings.--The Administrator shall consider
any safety determination for a chemical substance pursuant to section
504, and any market restriction and use exemption pursuant to this
section, in the exercise of other relevant agency rulemakings.
``SEC. 508. ANIMAL TESTING ALTERNATIVES.
``(a) Alternatives to Animal Testing.--
``(1) In general.--To minimize the use of animal testing of
chemical substances, the Administrator shall--
``(A) require the use, where practicable, of--
``(i) existing data to fill data gaps by
calling for mandatory disclosure of all
existing 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 2 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 duplication of
tests; and
``(C) fund research and validation studies to
reduce and replace the use of animal tests in
accordance with this paragraph.
``(2) List of alternative testing methods.--Not later than
1 year after the date of enactment of this title, and
triennially thereafter, the Administrator, in consultation with
the Board, 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. 509. SAFER ALTERNATIVES AND GREEN CHEMISTRY.
``(a) Safer Alternatives Program.--
``(1) In general.--Not later than 1 year after the date of
enactment of this title, the Administrator shall establish a
program to create market incentives for the development of
safer alternatives to existing chemical substances.
``(2) Requirements.--The program under paragraph (1) shall
include--
``(A) expedited review of new chemical substances
for which the manufacturer submits an alternatives
analysis indicating that the new chemical substance is
the safer alternative for a particular use than
existing chemical substances used for the same purpose;
``(B) recognition for a chemical substance
determined by the Administrator to be a safer
alternative for a particular use by means of a special
designation intended for use in marketing the safer
alternative, and periodic public awards; and
``(C) such other incentives as the Administrator
considers to be appropriate to encourage the
development, marketing, and use of chemical substances
determined by the Administrator to be safer
alternatives for the particular uses.
``(b) Green Chemistry Research and Clearinghouse Network.--
``(1) In general.--The Administrator shall establish 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 alternatives to chemical substances, particularly
chemical substances placed on the priority list.
``(2) Requirements.--The research and clearinghouse centers
described in paragraph (1) shall--
``(A) provide technical assistance relating to
alternatives analysis, green chemistry, and green
technology techniques to small and medium-sized
manufacturers of chemical substances;
``(B) provide technical training relating to
alternatives analysis, green chemistry, chemicals
policy, 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 support the
research, development, adoption, and use of
alternatives to the activities identified in
subparagraphs (A), (B), and (C).
``SEC. 510. INTERAGENCY SCIENCE ADVISORY BOARD ON CHILDREN'S HEALTH AND
TOXIC SUBSTANCES.
``(a) Establishment.--
``(1) In general.--Not later than 90 days after the date of
enactment of this title, the Administrator shall establish an
advisory board, to be known as the `Interagency Science
Advisory Board on Children's Health and Toxic Substances'.
``(2) Composition.--The Board shall be composed of, at a
minimum, representatives of--
``(A) the National Institute of Environmental
Health Sciences;
``(B) the Centers for Disease Control and
Prevention;
``(C) the National Toxicology Program;
``(D) the National Cancer Institute;
``(E) the National Tribal Science Council; and
``(F) not fewer than 3 centers of children's health
at leading universities.
``(b) Purposes.--The purposes of the Board shall be--
``(1) to provide independent advice and peer review to the
Administrator and Congress on the scientific and technical
aspects of problems and issues relating to the requirements of
this title;
``(2) to review the scientific and technical basis for the
standards, rules, guidance, and other science-based decisions
under this title, including the provision of expert
consultation and advice to the Administrator; and
``(3) to reduce the duplication of the efforts by
manufacturers to--
``(A) comply with this title; and
``(B) reduce the testing of chemical substances on
animals.
``SEC. 511. COOPERATION WITH INTERNATIONAL EFFORTS.
``In cooperation with the Secretary of State and the head of any
other appropriate Federal agency (as determined by the Administrator),
the Administrator shall cooperate 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. 512. PUBLIC ACCESS TO INFORMATION.
``(a) Transmission to Administrator.--Each Federal agency and
Federal institution shall submit 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.--Not later than 1 year after the date of
enactment of this title, the Administrator, in collaboration with
interested parties, shall establish--
``(1) a consistent format for the submission of data to an
electronic, Internet-accessible database for storing and
sharing of information relating to the toxicity and use of, and
exposure to, chemical substances; and
``(2) procedures for use in maintaining the database.
``(c) Public Access.--Not later than 18 months after the date of
enactment of this title, the Administrator shall make available to the
public via the Internet-accessible database described in subsection
(b)(1)--
``(1) any information provided to the Administrator
relating to the properties and hazards of a chemical substance;
and
``(2) any other nonconfidential information relating to a
chemical substance that is provided to the Administrator.
``(d) Reliable Information.--The Administrator shall establish and
implement procedures to ensure data reliability that include--
``(1) not less than 1 time each year, the Administrator
shall randomly inspect not less than 3 percent of the
commercial and private laboratories which develop the data
required by the title on the various properties and
characteristics of a chemical substance;
``(2) annually, the Administrator shall perform a
comprehensive data audit on a statistically significant number
of the data submissions submitted by manufacturers under this
title;
``(3) the Administrator shall establish and maintain a
registry of all health and safety related-studies initiated in
response to requirements or information requests made under
this title to ensure that results of all initiated studies are
reported and made available to the Administrator, along with
details of the method utilized in each study; and
``(4) the Administrator shall have access to all records of
privately sponsored health and safety-related studies initiated
in response to requirements or information requests made under
this title.
``SEC. 513. CONFIDENTIAL BUSINESS INFORMATION.
``(a) In General.--If a manufacturer of a chemical substance
submits to the Administrator or any other Federal agency or institution
any information that the manufacturer requests be treated as
confidential business information (as defined in section 350.27 of
title 40, Code of Federal Regulations (as in effect on the date of
enactment of this title)), the chief executive officer of the
manufacturer shall, at the time the information is submitted, provide
to the Administrator--
``(1)(A) a written statement that identifies the specific
information to which the request applies;
``(B) a justification indicating the particular reasons why
the information needs to be kept confidential; and
``(C) any other documentation required pursuant to
subsection (b)(1);
``(2) the period of time for which the information is
requested to be kept confidential, including a justification
for the specified time period; and
``(3) certification that the information is not otherwise
publicly available.
``(b) Duties of the Administrator.--The Administrator shall--
``(1) not later than 1 year after the date of enactment of
this title, develop and make publicly available standards that
specify--
``(A) the acceptable bases on which requests to
keep submitted information confidential may be made;
and
``(B) the documentation that must accompany those
requests;
``(2) not later than 90 days after the date of receipt of
information under subsection (a)--
``(A) review all requests to keep the submitted
information confidential; and
``(B) decide whether to accept or reject each such
request based on whether the request and accompanying
documentation comply with the standards developed under
paragraph (1); and
``(3) if such a request is accepted, specify a time period
of not greater than 5 years for which the request is granted,
and after which period the information will no longer be kept
confidential unless a new request for confidentiality is
submitted to and accepted by the Administrator under this
section.
``(c) Access to Confidential Business Information by Other
Governments.--
``(1) In general.--Confidential business information
received by the Administrator shall be made available upon
request to a State, tribal, or municipal government--
``(A) for the purpose of administration or
enforcement of a law; and
``(B) in accordance with any applicable agreements
that ensure that the recipient government takes
appropriate steps to maintain the confidentiality of
the information in accordance with this section and
section 350.27 of title 40, Code of Federal Regulations
(as in effect on the date of enactment of this title).
``(2) Other information.--The Administrator shall make
available to a State, tribal, or local government information
identifying the location of the manufacture, processing, or
storage of a chemical substance upon the request of the
government.
``(d) Information From Foreign Countries.--Except as provided in
subsection (c), any information provided to the Administrator by an
officer or employee of a foreign government shall be considered to be
confidential business information, if the information is considered to
be confidential business information by the officer or employee of the
foreign government.
``(e) Nonconfidential Information.--The name of a chemical
substance, and all information concerning the effects of the chemical
substance on human health or the environment, shall not be considered
to be confidential business information under this section.
``SEC. 514. 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 regulation, requirement,
liability, or standard of performance that is more stringent than a
regulation, requirement, liability, or standard of performance
established by this title.''.
(b) Effect of Section.--Notwithstanding the amendment made by
subsection (a), any regulation promulgated (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)).
(c) Conforming Amendments.--
(1) Testing of chemical substances and mixtures.--Section 4
of the Toxic Substances Control Act (15 U.S.C. 2603) is
amended--
(A) in subsection (f), in the matter following
paragraph (2), by inserting ``, or title V,'' after
``section 5, 6, or 7''; and
(B) in subsection (g), in the first sentence, by
inserting ``or title V'' after ``section 5(a)''.
(2) Manufacturing and processing notices.--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 inserting
``or title V'' after ``section 4''; and
(ii) in paragraph (2)(A)(ii), by inserting
``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 ``section 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
following 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 sentence, by
inserting ``or title V'' after ``section 6''.
(4) Reporting and retention of information.--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 section''
and inserting ``subsection (a), section 5, or
title V''; and
(ii) in the second sentence, by inserting
``or title V'' after ``section 5''.
(5) Relationship to other federal laws.--Section 9(a) of
the Toxic Substances Control Act (15 U.S.C. 2608(a)) is
amended--
(A) in paragraph (2), in the matter following
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 Substances 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 striking ``for which testing'' and all that follows
through ``section 5,'' and inserting ``for which testing or a
notification is required under section 4 or 5 or title V;''.
(9) Prohibited acts.--Section 15 of the Toxic Substances
Control Act (15 U.S.C. 2614) is amended--
(A) by striking paragraph (1) and inserting 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''; and
(B) in paragraph (2), by striking ``violation of
section 5'' and all that follows through ``section 5 or
7'' and inserting ``violation of section 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 inserting 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 ``direct any
manufacturer'' and all that follows through ``and
distributed in commerce'' and inserting ``direct any
manufacturer or processor of a chemical substance,
mixture, or project subject to title IV or V
manufactured or processed in violation of a rule,
order, or requirement under section 5 or 6 or title IV
or V, and distributed in commerce''.
(11) Preemption.--Section 18 of the Toxic Substances
Control Act (15 U.S.C. 2617) is amended 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), in the
first sentence, by striking ``title II
or IV'' and inserting ``title II, IV,
or V''; and
(II) in subparagraph (B), by
inserting ``or title V'' after
``section 6(b)(1)''; and
(ii) in paragraph (3), by striking
subparagraph (B) and inserting the following:
``(B) with respect to 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
``section 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'' each place it appears 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 ``section 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 ``section
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
sentence, 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 ``section
6(b)(2)'' and inserting ``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
(III) in clause (ii), by striking
``under section 6'' and all that
follows through ``section 6(b)(2)'' and
inserting ``or order under section 6 or
8 or title V''.
(15) Employment effects.--Section 24 of the Toxic
Substances Control Act (15 U.S.C. 2623) is amended--
(A) by striking subsection (a) and inserting the
following:
``(a) In General.--The Administrator shall evaluate, on a
continuing basis, the potential effects on employment (including
reductions in employment or loss of employment from threatened plant
closures) of each rule, order, and requirement under sections 4, 5, and
6, and title V.''; and
(B) in subsection (b)--
(i) in paragraph (1), in the matter
following subparagraph (B), by striking ``a
rule or order'' and all that follows through
``section 5 or 6'' and inserting ``a rule,
order, or requirement under section 4, 5, or 6,
or title V''; and
(ii) in paragraph (2)(B)(ii), by striking
``section 6(c)(3), and'' and inserting
``section 6(c)(3) and title V; and''.
(16) Administration of the act.--Section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)) is amended
by inserting ``or title V'' after ``section 4 or 5'' each place
it appears.
(17) Development and evaluation of test methods.--Section
27(a) of the Toxic Substances Control Act (15 U.S.C. 2626(a))
is amended by inserting ``or title V'' after ``section 4'' each
place it appears.
(18) Annual report.--Section 30 of the Toxic Substances
Control Act (15 U.S.C. 2629) is amended--
(A) in paragraph (1), by inserting ``and title V''
after ``section 4'';
(B) in paragraph (2)--
(i) by inserting ``or title V'' after
``section 5'';
(ii) by inserting ``or title V'' after
``section 4''; and
(iii) by inserting ``or title V'' after
``section 5(g)''; and
(C) in paragraph (3), by inserting ``or title V''
after ``section 6''.
(19) Table of contents.--The table of contents of the Toxic
Substances Control Act (15 U.S.C. prec. 2601) is amended by
adding at the end the following:
``TITLE V--CHILD SAFE CHEMICALS
``Sec. 501. Definitions.
``Sec. 502. Manufacturer safety certifications for existing chemicals
in commerce.
``Sec. 503. Priority list of chemical substances for EPA safety
determination.
``Sec. 504. EPA safety standard determination for chemical substances.
``Sec. 505. Addressing prenatal exposures.
``Sec. 506. Collection of chemical safety information.
``Sec. 507. Reduction of health hazards for children, workers, and
consumers.
``Sec. 508. Animal testing alternatives.
``Sec. 509. Safer alternatives and green chemistry.
``Sec. 510. Interagency science advisory board on children's health and
toxic substances.
``Sec. 511. Cooperation with international efforts.
``Sec. 512. Public access to information.
``Sec. 513. Confidential business information.
``Sec. 514. Relationship to other law.''.
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