,,ii #aaith ,,congress #b;d ,session ,s4 #dffd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #b1 #bjbf,mr4 ,coons 7for himself and ,mr4 ,husted7 introduced the following bill2 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 ,agency1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,safer ,choice ,program ,authorization ,act of #bjbf4 #b4 ,findings ,congress finds that-- 7#a7 to promote the development and use of safer chemical products1 the ,environmental ,protection ,agency has carried out-- 7,a7 the ,design for the ,environment program for more than #cj years preceding the date of enactment of this ,act2 and 7,b7 the ,safer ,choice program for more than #aj years preceding the date of enactment of this ,act2 7#b7 the programs described in paragraph 7#a7 7referred to in this section as the programs7 are voluntary1 market-based initiatives that provide consumers1 businesses1 and institutional purchasers with clear and reliable information to inform product selection2 7#c7 the programs have supported ,united ,states innovation by providing a predictable framework for manufacturers1 including small and medium-sized businesses1 to develop products that meet high standards for safety and performance2 7#d7 the programs have enabled companies to differentiate their products in the marketplace and respond to growing consumer demand for safer products2 7#e7 the credibility of the ,safer ,choice and ,design for the ,environment labels under the programs depends on rigorous1 science-based evaluation of chemical ingredients1 including comprehensive and transparent review processes2 7#f7 qualified third-party profilers play an important role in supporting efficient1 consistent1 and science-based product evaluations under the programs1 particularly in cases involving complex supply chains and confidential business information2 7#g7 the ,environmental ,protection ,agency has established expertise1 infrastructure1 and relationships necessary to effectively administer the programs1 including the protection of sensitive proprietary information2 and 7#h7 authorizing and strengthening the ,safer ,choice program under this ,act will-- 7,a7 provide greater certainty1 transparency1 and continuity for participants in the programs1 while preserving the voluntary1 nonregulatory nature of the programs2 and 7,b7 support ,united ,states competitiveness1 consumer choice1 and continued innovation in safer chemistry4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,agency ,the term ,agency means the ,environmental ,protection ,agency4 7#c7 ,design for the ,environment label ,the term ,design for the ,environment label means the label authorized under section #g7;b77#b74 7#d7 ,design for the environment standard ,the term ,design for the ,environment ,standard means the criteria1 specifications1 and methodologies used by the ,agency for the ,design for the ,environment program1 as in effect on the date of enactment of this ,act1 and as updated in accordance with section #d7;d74 7#e7 ,program ,the term ,program means the ,safer ,choice ,program established under section #d7;a74 7#f7 ,qualified third-party profiler ,the term qualified third-party profiler means an entity that meets criteria established by the ,administrator under section #e7;b7 to conduct technical evaluations in support of determinations under the ,program4 7#g7 ,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 ,standard4 7#h7 ,safer ,choice label ,the term ,safer ,choice label means the label authorized under section #g7;b77#a74 7#i7 ,safer choice standard ,the term ,safer ,choice ,standard means the criteria1 specifications1 and methodologies used by the ,agency under the ,safer ,choice ,program1 as in effect on the date of enactment of this ,act1 and as updated in accordance with section #d7;d74 #d4 ,establishment of the ,safer ,choice ,program 7a7 ,establishment ,the ,administrator shall carry out a voluntary ,safer ,choice ,program within the ,agency to identify and promote products that1 as determined by the ,administrator1 meet the ,safer ,choice ,standard or the ,design for the ,environment ,standard1 as applicable4 7b7 ,purpose ,the purpose of the ,program is to advance pollution prevention by encouraging the design1 manufacture1 selection1 and use of products formulated with chemical ingredients that are safer for human health and the environment1 while maintaining product performance4 7c7 ,relationship to existing programs ,the ,administrator shall carry out the ,program in a manner consistent with1 and to the extent practicable leveraging1 the ,agency's existing ,safer ,choice and ,design for the ,environment activities in effect on the date of enactment of this ,act4 7d7 ,updates to standards ,the ,administrator may revise the ,safer ,choice ,standard and the ,design for the ,environment ,standard to account for advances in scientific understanding1 regulatory developments1 and innovation in safer chemistry1 after providing public notice and an opportunity for comment4 #e4 ,program administration 7a7 ,in general ,in carrying out the ,program1 the ,administrator shall-- 7#a7 establish1 publish1 and maintain procedures for submission and review of products for certification under the ,program2 7#b7 make determinations regarding whether a product meets the ,safer ,choice ,standard or the ,design for the ,environment ,standard1 as applicable2 7#c7 establish requirements and guidance for the use1 display1 and marketing of the ,safer ,choice label and the ,design for the ,environment label2 7#d7 provide technical assistance1 as appropriate1 to manufacturers and other applicants seeking participation in the ,program2 7#e7 consult with interested stakeholders1 including manufacturers1 retailers1 environmental and public health organizations1 and scientific experts1 to support continuous improvement of criteria and methodologies used under the ,program2 7#f7 conduct public outreach and education regarding the availability and benefits of products being certified under the ,program2 7#g7 convene not less frequently than annually a public stakeholder meeting regarding the scope1 implementation1 and planned improvements of the ,program2 7#h7 recognize1 as appropriate1 outstanding leadership and achievement by ,program partners and stakeholders1 including through a ,partner of the ,year ,awards program2 and 7#i7 periodically review and update ,program procedures and guidance to ensure transparency1 efficiency1 and scientific integrity4 7b7 ,use of qualified third-,party profilers 7#a7 ,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 ,program4 7#b7 ,determinations 7,a7 ,in general ,a determination under the ,program shall be made by the ,administrator4 7,b7 ,use of qualified third-party profilers ,the ,administrator may rely on information1 analyses1 or recommendations from a qualified third-party profiler in making a determination described in subparagraph 7,a74 7#c7 ,minimum requirements ,a qualified third-party profiler shall-- 7,a7 be independent of1 and not have any financial conflict of interest with1 the manufacturer or formulator of any product under review by the qualified third-party profiler2 7,b7 not receive compensation contingent on the outcome of a review2 and 7,c7 maintain and implement policies to identify1 disclose1 and mitigate potential conflicts of interest1 subject to oversight by the ,administrator4 7c7 ,interagency coordination ,in carrying out the ,program1 the ,administrator shall1 as appropriate1 coordinate with other relevant ,federal agencies1 including the ,food and ,drug ,administration and the ,consumer ,product ,safety ,commission-- 7#a7 to promote consistency in guidance and review of chemical ingredients across product categories2 7#b7 to minimize duplication of effort and clarify expectations for manufacturers and other ,program participants2 and 7#c7 to support the safe development1 marketing1 and voluntary adoption of consumer products that meet the ,safer ,choice ,standard or the ,design for the ,environment ,standard4 #f4 ,safer choice criteria 7a7 ,chemical safety criteria ,in evaluating whether a product meets the ,safer ,choice ,standard or the ,design for the ,environment ,standard1 as applicable1 the ,administrator shall use a science-based approach that considers1 as appropriate-- 7#a7 human health hazards1 including carcinogenicity1 reproductive and developmental toxicity1 neurotoxicity1 and endocrine activity2 7#b7 environmental hazards1 including persistence1 bioaccumulation1 and aquatic toxicity2 7#c7 product performance considerations to ensure efficacy for the intended use2 7#d7 packaging sustainability and responsible end-of-life management1 as practicable2 and 7#e7 transparency and ingredient disclosure requirements consistent with ,program policies4 7b7 ,product categories 7#a7 ,safer choice product categories ,subject to the ,safer ,choice ,standard and ,program policies1 eligible product categories under the ,safer ,choice ,standard shall include-- 7,a7 all categories recognized by the ,environmental ,protection ,agency under the ,safer ,choice ,standard as of the date of enactment of this ,act2 7,b7 other consumer1 cleaning1 and institutional products1 as applicable2 and 7,c7 such additional categories as the ,administrator determines to be appropriate for inclusion under the ,safer ,choice ,standard1 consistent with the purpose and policies of the ,program4 7#b7 ,design for the environment product categories ,subject to the ,design for the ,environment ,standard and ,program policies1 eligible product categories under the ,design for the ,environment ,standard may include-- 7,a7 antimicrobial pesticide products registered under the ,federal ,insecticide1 ,fungicide1 and ,rodenticide ,act 7#g ,u4,s4,c4 #acf et seq472 and 7,b7 other categories determined appropriate by the ,administrator4 7c7 ,safer chemical ingredients list determinations ,the ,administrator shall maintain1 and as appropriate1 update the ,safer ,chemical ,ingredients ,list in accordance with the ,safer ,choice ,standard1 including procedures for adding or removing chemical ingredients4 7d7 ,full ingredient disclosure requirement 7#a7 ,in general ,as a condition of certification of a product under the ,program1 the ,administrator shall require the submission and review of sufficient ingredient information for the product1 including information describing all intentionally added ingredients1 ingredients contained in those ingredients1 and relevant residuals present above a threshold determined by the ,administrator1 to enable a comprehensive evaluation of the human health and environmental impacts of the product1 including through the use of qualified third-party profilers4 7#b7 ,requirements ,any requirement for the submission of information under paragraph 7#a7 shall be-- 7,a7 subject to appropriate protections for confidential business information2 and 7,b7 consistent with applicable law and ,agency requirements4 #g4 ,labeling2 unauthorized use 7a7 ,voluntary participation ,participation in the ,program shall be voluntary4 7b7 ,authorization ,to use labels ,the ,administrator may authorize a person1 subject to the terms and conditions established by the ,administrator1 to use-- 7#a7 the ,safer ,choice label for a product determined by the ,administrator to meet the ,safer ,choice ,standard2 or 7#b7 the ,design for the ,environment label for a product determined by the ,administrator to meet the ,design for the ,environment ,standard4 7c7 ,protection of labels 7#a7 ,in general 7,a7 ,agency marks ,the ,safer ,choice label and the ,design for the ,environment label are marks of the ,agency4 7,b7 ,prohibition ,no person may use1 display1 reproduce1 or represent the labels described in subparagraph 7,a7 in a manner that is false1 misleading1 or not authorized by the ,administrator4 7#b7 ,enforcement 7,a7 ,in general ,the ,administrator may take appropriate actions to address a violation of paragraph 7#a71 including-- 7i7 notifying the person of the violation and requesting corrective action2 7ii7 terminating or suspending authorization under subsection 7b72 and 7iii7 referring matters to the ,attorney ,general for civil action4 7,b7 ,effect ,nothing in subparagraph 7,a7 limits any authority or remedy available under other law4 #h4 ,reporting and transparency 7a7 ,annual report ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 the ,administrator shall submit to ,congress and make publicly available a report describing the implementation of the ,program1 including-- 7#a7 the number of products certified under the ,program1 including the number of products newly approved1 renewed1 suspended1 or removed during the preceding year2 7#b7 a summary of significant updates to standards1 criteria1 procedures1 or guidance2 7#c7 outreach1 technical assistance1 and stakeholder engagement activities2 and 7#d7 any recommendations of the ,administrator to improve the effectiveness or efficiency of the ,program4 7b7 ,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 label1 as applicable4 #i4 ,authorization of appropriations ,there is authorized to be appropriated to the ,administrator to carry out this ,act #f1jjj1jjj for each of fiscal years #bjbh through #bjcd4 #aj4 ,effective date2 severability 7a7 ,effective date ,this ,act shall take effect on the date of enactment of this ,act4 7b7 ,severability ,if any provision of this ,act1 or the application of a provision of this ,act to any person or circumstance1 is held to be invalid1 the remainder of this ,act1 and the application of the provisions of this ,act to any other person or circumstance1 shall not be affected4