S. 4397

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4397 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4397

To amend the Toxic Substances Control Act to improve transparency of 
the regulatory process and coordination of science among Federal 
agencies, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

April 27, 2026

Mr. Ricketts 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 improve transparency of 
the regulatory process and coordination of science among Federal 
agencies, and for other purposes.

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 ``Sound Science Act of 2026''.

SEC. 2. TESTING.

(a) Testing Requirement Rule, Order, or Consent Agreement.--Section 
4(b)(1)(B) of the Toxic Substances Control Act (15 U.S.C. 
2603(b)(1)(B)) is amended--
(1) by striking ``methodologies'' and inserting 
``technically feasible methodologies''; and
(2) by inserting ``the intended and known purposes to be 
manufactured, processed, distributed in commerce, used, or 
disposed of for'' after ``the development of information for''.
(b) Required Actions.--Section 4(f) of the Toxic Substances Control 
Act (15 U.S.C. 2603(f)) is amended, in the undesignated matter 
following paragraph (2), by striking ``, made without consideration of 
costs or other nonrisk factors,''.
(c) Testing Modernization.--Section 4(h) of the Toxic Substances 
Control Act (15 U.S.C. 2603(h)) is amended--
(1) in paragraph (1)(B)(i), by inserting ``, including by 
requiring the use of relevant Test Guidelines that are 
published by the Organisation for Economic Cooperation and 
Development and identified by the Administrator and included on 
the list under paragraph (2)(C)'' before the semicolon; and
(2) in paragraph (2)--
(A) in subparagraph (C), by striking ``on a regular 
basis'' and inserting ``at least once every 2 years''; 
and
(B) in subparagraph (D)--
(i) by striking ``public notice and comment 
on the contents of the plan'' and inserting the 
following: ``public notice and comment on--
``(i) the contents of the plan'';
(ii) in clause (i) (as so designated), by 
adding ``and'' after the semicolon at the end; 
and
(iii) by adding at the end the following:
``(ii) the test methods and strategies 
proposed to be identified pursuant to 
subparagraph (C) for inclusion on the list 
under such subparagraph;''.

SEC. 3. CONSISTENCY AMONG EXISTING REQUIREMENTS AND AMONG FEDERAL 
DEPARTMENT RISK INFORMATION.

(a) Scope of Regulation.--Section 6(a) of the Toxic Substances 
Control Act (15 U.S.C. 2605(a)) is amended, in the matter preceding 
paragraph (1), by striking ``apply one or more of the following 
requirements to such substance or mixture to the extent necessary so 
that the chemical substance or mixture no longer presents such risk:'' 
and inserting ``apply, to the extent necessary, one or more of the 
following requirements to such substance or mixture in order to 
minimize, to the extent reasonably feasible, such risk of injury to 
health or the environment:''.
(b) Risk Evaluations.--Section 6(b)(4) of the Toxic Substances 
Control Act (15 U.S.C. 2605(b)(4)) is amended--
(1) in subparagraph (F)--
(A) by striking clause (ii) and inserting the 
following:
``(ii) consider--
``(I) only hazards and exposures 
that are more likely than not to result 
in an unreasonable risk of injury to 
health or the environment;
``(II) sentinel exposures to the 
chemical substance; and
``(III) aggregate exposures only if 
the Administrator issues a written 
determination that such consideration 
is necessary to provide greater clarity 
or precision in the risk evaluation;'';
(B) in clause (iv), by striking ``; and'' and 
inserting a semicolon;
(C) in clause (v), by striking the period at the 
end and inserting a semicolon; and
(D) by adding at the end the following:
``(vi) consider any exposure limits or 
thresholds relating to the chemical substance 
developed by another Federal department or 
agency under any applicable law or regulation; 
and
``(vii) not assume noncompliance with any 
such applicable law or regulation relating to 
the chemical substance, including any 
occupational safety and health standard 
promulgated under section 6 of the Occupational 
Safety and Health Act of 1970 (29 U.S.C. 655) 
relating to the chemical substance.'';
(2) in subparagraph (H), by striking ``30 days'' and 
inserting ``60 days''; and
(3) by adding at the end the following:
``(I) Interagency review.--In conducting a risk 
evaluation under this subsection, the Administrator 
shall provide a process for Federal departments and 
agencies to submit information and feedback on critical 
uses, alternatives, and supply chain impacts, including 
by providing not less than 30 days to submit comments 
on the draft risk evaluation prior to providing public 
notice and an opportunity for comment in accordance 
with subparagraph (H).''.
(c) Promulgation of Subsection (a) Rules.--Section 6(c)(2) of the 
Toxic Substances Control Act (15 U.S.C. 2605(c)(2)) is amended by 
striking subparagraph (B) and inserting the following:
``(B) Selecting requirements.--In selecting among 
requirements under subsection (a), the Administrator 
shall--
``(i) factor in, to the extent 
practicable--
``(I) the considerations under 
subparagraph (A), in accordance with 
subsection (a); and
``(II) any occupational safety and 
health standards promulgated under 
section 6 of the Occupational Safety 
and Health Act of 1970 (29 U.S.C. 655) 
relating to the chemical substance; and
``(ii) select those requirements that, to 
the extent applicable--
``(I) are cost-effective in 
relation to the minimization of the 
unreasonable risk; and
``(II) do not result in the 
creation of greater risks for health or 
the environment.''.
(d) Reasonably Available Information.--Section 26(k) of the Toxic 
Substances Control Act (15 U.S.C. 2625(k)) is amended by inserting 
``and the existing requirements, prohibitions, and restrictions for the 
chemical substance or mixture under the Occupational Safety and Health 
Act of 1970 (29 U.S.C. 651 et seq.) (including regulations promulgated 
under that Act)'' before the period at the end.

SEC. 4. IMPROVING ACCOUNTABILITY OF FINAL AGENCY ACTIONS.

Section 6(i)(2) of the Toxic Substances Control Act (15 U.S.C. 
2605(i)(2)) is amended by inserting ``and any scientific assessment 
relied on by the Administrator in conducting a risk evaluation for that 
chemical substance under subsection (b)'' after ``environment''.

SEC. 5. STRENGTHENING SCIENTIFIC STANDARDS.

Section 26 of the Toxic Substances Control Act (15 U.S.C. 2625) is 
amended--
(1) in subsection (h)--
(A) in paragraph (4), by striking ``and'' at the 
end;
(B) in paragraph (5), by striking the period at the 
end and inserting a semicolon; and
(C) by adding at the end the following:
``(6) if the Administrator is relying on the scientific 
standards described in this subsection or the weighting 
described in subsection (i), the extent to which any draft or 
final scientific assessment or risk evaluation developed by the 
Administrator is consistent with those standards or that 
weighting;
``(7) to the extent that the Administrator establishes any 
worker protection standards, the results of consultations 
with--
``(A) other Federal departments and agencies, 
including the Occupational Safety and Health 
Administration; and
``(B) to evaluate the need for a unique worker 
protection standard established by the Administrator, 
trained experts in industrial hygiene, toxicology, 
engineering, and process safety (including industry 
experts); and
``(8) the comments and expertise of other Federal 
departments and agencies, as provided pursuant to the 
interagency review process required under section 
6(b)(4)(F)(viii), including the Department of Defense, the 
Department of Energy, the Occupational Safety and Health 
Administration, and the Department of Agriculture.''; and
(2) in subsection (o), by adding at the end the following:
``(5) Committee review.--
``(A) In-person peer review.--When reviewing a risk 
evaluation carried out under section 6(b), the 
Committee shall conduct a complete in-person peer 
review.
``(B) Period of review.--In carrying out 
subparagraph (A), the Committee shall provide a period 
of not less than 30 days to allow reviewers--
``(i) to conduct peer reviews; and
``(ii) to ensure a thorough review of--
``(I) the risk evaluation, 
including the underlying science relied 
on by the Administration and the risk 
determinations of the Administrator; 
and
``(II) the quality and scientific 
veracity of any draft or final 
scientific assessment relied on by the 
Administrator in conducting the risk 
evaluation.''.
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