S. 4664

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4664 Introduced in Senate (IS)]

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119th CONGRESS
2d Session
S. 4664

To authorize the Safer Choice Program within the Environmental 
Protection Agency, and for other purposes.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

June 2, 2026

Mr. Coons (for himself and Mr. Husted) introduced the following bill; 
which was read twice and referred to the Committee on Environment and 
Public Works

_______________________________________________________________________

A BILL

To authorize the Safer Choice Program within the Environmental 
Protection Agency, 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 ``Safer Choice Program Authorization 
Act of 2026''.

SEC. 2. FINDINGS.

Congress finds that--
(1) to promote the development and use of safer chemical 
products, the Environmental Protection Agency has carried out--
(A) the Design for the Environment program for more 
than 30 years preceding the date of enactment of this 
Act; and
(B) the Safer Choice program for more than 10 years 
preceding the date of enactment of this Act;
(2) the programs described in paragraph (1) (referred to in 
this section as the ``programs'') are voluntary, market-based 
initiatives that provide consumers, businesses, and 
institutional purchasers with clear and reliable information to 
inform product selection;
(3) the programs have supported United States innovation by 
providing a predictable framework for manufacturers, including 
small and medium-sized businesses, to develop products that 
meet high standards for safety and performance;
(4) the programs have enabled companies to differentiate 
their products in the marketplace and respond to growing 
consumer demand for safer products;
(5) the credibility of the Safer Choice and Design for the 
Environment labels under the programs depends on rigorous, 
science-based evaluation of chemical ingredients, including 
comprehensive and transparent review processes;
(6) qualified third-party profilers play an important role 
in supporting efficient, consistent, and science-based product 
evaluations under the programs, particularly in cases involving 
complex supply chains and confidential business information;
(7) the Environmental Protection Agency has established 
expertise, infrastructure, and relationships necessary to 
effectively administer the programs, including the protection 
of sensitive proprietary information; and
(8) authorizing and strengthening the Safer Choice program 
under this Act will--
(A) provide greater certainty, transparency, and 
continuity for participants in the programs, while 
preserving the voluntary, nonregulatory nature of the 
programs; and
(B) support United States competitiveness, consumer 
choice, and continued innovation in safer chemistry.

SEC. 3. DEFINITIONS.

In this Act:
(1) Administrator.--The term ``Administrator'' means the 
Administrator of the Environmental Protection Agency.
(2) Agency.--The term ``Agency'' means the Environmental 
Protection Agency.
(3) Design for the environment label.--The term ``Design 
for the Environment label'' means the label authorized under 
section 7(b)(2).
(4) Design for the environment standard.--The term ``Design 
for the Environment Standard'' means the criteria, 
specifications, and methodologies used by the Agency for the 
Design for the Environment program, as in effect on the date of 
enactment of this Act, and as updated in accordance with 
section 4(d).
(5) Program.--The term ``Program'' means the Safer Choice 
Program established under section 4(a).
(6) Qualified third-party profiler.--The term ``qualified 
third-party profiler'' means an entity that meets criteria 
established by the Administrator under section 5(b) to conduct 
technical evaluations in support of determinations under the 
Program.
(7) Safer chemical ingredients list.--The term ``Safer 
Chemical Ingredients List'' means the list maintained by the 
Agency to identify chemical ingredients that may be used in 
products that meet the Safer Choice Standard.
(8) Safer choice label.--The term ``Safer Choice label'' 
means the label authorized under section 7(b)(1).
(9) Safer choice standard.--The term ``Safer Choice 
Standard'' means the criteria, specifications, and 
methodologies used by the Agency under the Safer Choice 
Program, as in effect on the date of enactment of this Act, and 
as updated in accordance with section 4(d).

SEC. 4. ESTABLISHMENT OF THE SAFER CHOICE PROGRAM.

(a) Establishment.--The Administrator shall carry out a voluntary 
Safer Choice Program within the Agency to identify and promote products 
that, as determined by the Administrator, meet the Safer Choice 
Standard or the Design for the Environment Standard, as applicable.
(b) Purpose.--The purpose of the Program is to advance pollution 
prevention by encouraging the design, manufacture, selection, and use 
of products formulated with chemical ingredients that are safer for 
human health and the environment, while maintaining product 
performance.
(c) Relationship to Existing Programs.--The Administrator shall 
carry out the Program in a manner consistent with, and to the extent 
practicable leveraging, the Agency's existing Safer Choice and Design 
for the Environment activities in effect on the date of enactment of 
this Act.
(d) Updates to Standards.--The Administrator may revise the Safer 
Choice Standard and the Design for the Environment Standard to account 
for advances in scientific understanding, regulatory developments, and 
innovation in safer chemistry, after providing public notice and an 
opportunity for comment.

SEC. 5. PROGRAM ADMINISTRATION.

(a) In General.--In carrying out the Program, the Administrator 
shall--
(1) establish, publish, and maintain procedures for 
submission and review of products for certification under the 
Program;
(2) make determinations regarding whether a product meets 
the Safer Choice Standard or the Design for the Environment 
Standard, as applicable;
(3) establish requirements and guidance for the use, 
display, and marketing of the Safer Choice label and the Design 
for the Environment label;
(4) provide technical assistance, as appropriate, to 
manufacturers and other applicants seeking participation in the 
Program;
(5) consult with interested stakeholders, including 
manufacturers, retailers, environmental and public health 
organizations, and scientific experts, to support continuous 
improvement of criteria and methodologies used under the 
Program;
(6) conduct public outreach and education regarding the 
availability and benefits of products being certified under the 
Program;
(7) convene not less frequently than annually a public 
stakeholder meeting regarding the scope, implementation, and 
planned improvements of the Program;
(8) recognize, as appropriate, outstanding leadership and 
achievement by Program partners and stakeholders, including 
through a Partner of the Year Awards program; and
(9) periodically review and update Program procedures and 
guidance to ensure transparency, efficiency, and scientific 
integrity.
(b) Use of Qualified Third-Party Profilers.--
(1) In general.--The Administrator shall establish criteria 
and processes for the qualification and oversight of qualified 
third-party profilers to support technical evaluations of 
products and ingredients for purposes of the Program.
(2) Determinations.--
(A) In general.--A determination under the Program 
shall be made by the Administrator.
(B) Use of qualified third-party profilers.--The 
Administrator may rely on information, analyses, or 
recommendations from a qualified third-party profiler 
in making a determination described in subparagraph 
(A).
(3) Minimum requirements.--A qualified third-party profiler 
shall--
(A) be independent of, and not have any financial 
conflict of interest with, the manufacturer or 
formulator of any product under review by the qualified 
third-party profiler;
(B) not receive compensation contingent on the 
outcome of a review; and
(C) maintain and implement policies to identify, 
disclose, and mitigate potential conflicts of interest, 
subject to oversight by the Administrator.
(c) Interagency Coordination.--In carrying out the Program, the 
Administrator shall, as appropriate, coordinate with other relevant 
Federal agencies, including the Food and Drug Administration and the 
Consumer Product Safety Commission--
(1) to promote consistency in guidance and review of 
chemical ingredients across product categories;
(2) to minimize duplication of effort and clarify 
expectations for manufacturers and other Program participants; 
and
(3) to support the safe development, marketing, and 
voluntary adoption of consumer products that meet the Safer 
Choice Standard or the Design for the Environment Standard.

SEC. 6. SAFER CHOICE CRITERIA.

(a) Chemical Safety Criteria.--In evaluating whether a product 
meets the Safer Choice Standard or the Design for the Environment 
Standard, as applicable, the Administrator shall use a science-based 
approach that considers, as appropriate--
(1) human health hazards, including carcinogenicity, 
reproductive and developmental toxicity, neurotoxicity, and 
endocrine activity;
(2) environmental hazards, including persistence, 
bioaccumulation, and aquatic toxicity;
(3) product performance considerations to ensure efficacy 
for the intended use;
(4) packaging sustainability and responsible end-of-life 
management, as practicable; and
(5) transparency and ingredient disclosure requirements 
consistent with Program policies.
(b) Product Categories.--
(1) Safer choice product categories.--Subject to the Safer 
Choice Standard and Program policies, eligible product 
categories under the Safer Choice Standard shall include--
(A) all categories recognized by the Environmental 
Protection Agency under the Safer Choice Standard as of 
the date of enactment of this Act;
(B) other consumer, cleaning, and institutional 
products, as applicable; and
(C) such additional categories as the Administrator 
determines to be appropriate for inclusion under the 
Safer Choice Standard, consistent with the purpose and 
policies of the Program.
(2) Design for the environment product categories.--Subject 
to the Design for the Environment Standard and Program 
policies, eligible product categories under the Design for the 
Environment Standard may include--
(A) antimicrobial pesticide products registered 
under the Federal Insecticide, Fungicide, and 
Rodenticide Act (7 U.S.C. 136 et seq.); and
(B) other categories determined appropriate by the 
Administrator.
(c) Safer Chemical Ingredients List Determinations.--The 
Administrator shall maintain, and as appropriate, update the Safer 
Chemical Ingredients List in accordance with the Safer Choice Standard, 
including procedures for adding or removing chemical ingredients.
(d) Full Ingredient Disclosure Requirement.--
(1) In general.--As a condition of certification of a 
product under the Program, the Administrator shall require the 
submission and review of sufficient ingredient information for 
the product, including information describing all intentionally 
added ingredients, ingredients contained in those ingredients, 
and relevant residuals present above a threshold determined by 
the Administrator, to enable a comprehensive evaluation of the 
human health and environmental impacts of the product, 
including through the use of qualified third-party profilers.
(2) Requirements.--Any requirement for the submission of 
information under paragraph (1) shall be--
(A) subject to appropriate protections for 
confidential business information; and
(B) consistent with applicable law and Agency 
requirements.

SEC. 7. LABELING; UNAUTHORIZED USE.

(a) Voluntary Participation.--Participation in the Program shall be 
voluntary.
(b) Authorization To Use Labels.--The Administrator may authorize a 
person, subject to the terms and conditions established by the 
Administrator, to use--
(1) the Safer Choice label for a product determined by the 
Administrator to meet the Safer Choice Standard; or
(2) the Design for the Environment label for a product 
determined by the Administrator to meet the Design for the 
Environment Standard.
(c) Protection of Labels.--
(1) In general.--
(A) Agency marks.--The Safer Choice label and the 
Design for the Environment label are marks of the 
Agency.
(B) Prohibition.--No person may use, display, 
reproduce, or represent the labels described in 
subparagraph (A) in a manner that is false, misleading, 
or not authorized by the Administrator.
(2) Enforcement.--
(A) In general.--The Administrator may take 
appropriate actions to address a violation of paragraph 
(1), including--
(i) notifying the person of the violation 
and requesting corrective action;
(ii) terminating or suspending 
authorization under subsection (b); and
(iii) referring matters to the Attorney 
General for civil action.
(B) Effect.--Nothing in subparagraph (A) limits any 
authority or remedy available under other law.

SEC. 8. REPORTING AND TRANSPARENCY.

(a) Annual Report.--Not later than 1 year after the date of 
enactment of this Act, and annually thereafter, the Administrator shall 
submit to Congress and make publicly available a report describing the 
implementation of the Program, including--
(1) the number of products certified under the Program, 
including the number of products newly approved, renewed, 
suspended, or removed during the preceding year;
(2) a summary of significant updates to standards, 
criteria, procedures, or guidance;
(3) outreach, technical assistance, and stakeholder 
engagement activities; and
(4) any recommendations of the Administrator to improve the 
effectiveness or efficiency of the Program.
(b) Public Database.--The Administrator shall maintain a publicly 
accessible database of products authorized to use the Safer Choice 
label or the Design for the Environment label, as applicable.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

There is authorized to be appropriated to the Administrator to 
carry out this Act $6,000,000 for each of fiscal years 2028 through 
2034.

SEC. 10. EFFECTIVE DATE; SEVERABILITY.

(a) Effective Date.--This Act shall take effect on the date of 
enactment of this Act.
(b) Severability.--If any provision of this Act, or the application 
of a provision of this Act to any person or circumstance, is held to be 
invalid, the remainder of this Act, and the application of the 
provisions of this Act to any other person or circumstance, shall not 
be affected.
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