S. 4397

119 S4397 IS: Sound Science Act of 2026
 U.S. Senate
 2026-04-27
 text/xml
 EN
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 II  119th CONGRESS  2d Session  S. 4397  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.
1.
Short title
This Act may be cited as the   Sound Science Act of 2026  .
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;
 .
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.
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 .
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.
 .