Sec. 19. CONFORMING AMENDMENTS

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## SEC. 19 CONFORMING AMENDMENTS ###

(a)Table of Contents The table of contents in section 1 of the Toxic Substances Control Act is amended— ####

(1)by striking the item relating to section 6 and inserting the following:" “Sec. 6. Prioritization, risk evaluation, and regulation of chemical substances and mixtures.” "; ####

(2)by striking the item relating to section 10 and inserting the following:" “Sec. 10. Research, development, collection, dissemination, and utilization of information.” "; ####

(3)by striking the item relating to section 14 and inserting the following:" “Sec. 14. Confidential information.” "; and ####

(4)by striking the item relating to section 25. ###

(b)Section 2 Section 2(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2601(b)(1)) is amended by striking “data” both places it appears and inserting “information”. ###

(c)Section 3 Section 3 of the Toxic Substances Control Act (15 U.S.C. 2602) is amended— ####

(1)in paragraph

(8)(as redesignated by section 3 of this Act), by striking “data” and inserting “information”; and ####

(2)in paragraph

(15)(as redesignated by section 3 of this Act)— #####

(A)by striking “standards” and inserting “protocols and methodologies”; #####

(B)by striking “test data” both places it appears and inserting “information”; and #####

(C)by striking “data” each place it appears and inserting “information”. ###

(d)Section 4 Section 4 of the Toxic Substances Control Act (15 U.S.C. 2603) is amended— ####

(1)in subsection (b)— #####

(A)in paragraph (1)— ######

(i)in the paragraph heading, by adding “, order, or consent agreement” at the end; and ######

(ii)by striking “rule” each place it appears and inserting “rule, order, or consent agreement”; #####

(B)in paragraph (2)(B), by striking “rules” and inserting “rules, orders, and consent agreements”; #####

(C)in paragraph (3)(A), by striking “rule” and inserting “rule or order”; and #####

(D)in paragraph (4)— ######

(i)by striking “rule under subsection (a)” each place it appears and inserting “rule, order, or consent agreement under subsection (a)”; ######

(ii)by striking “repeals the rule” each place it appears and inserting “repeals the rule or order or modifies the consent agreement to terminate the requirement”; and ######

(iii)by striking “repeals the application of the rule” and inserting “repeals or modifies the application of the rule, order, or consent agreement”; ####

(2)in subsection (c)— #####

(A)in paragraph (1), by striking “rule” and inserting “rule or order”; #####

(B)in paragraph (2)— ######

(i)in subparagraph (A), by striking “a rule under subsection

(a)or for which data is being developed pursuant to such a rule” and inserting “a rule, order, or consent agreement under subsection

(a)or for which information is being developed pursuant to such a rule, order, or consent agreement”; ######

(ii)in subparagraph (B), by striking “such rule or which is being developed pursuant to such rule” and inserting “such rule, order, or consent agreement or which is being developed pursuant to such rule, order, or consent agreement”; and ######

(iii)in the matter following subparagraph (B), by striking “the rule” and inserting “the rule or order”; #####

(C)in paragraph (3)(B)(i), by striking “rule promulgated” and inserting “rule, order, or consent agreement”; and #####

(D)in paragraph (4)— ######

(i)by striking “rule promulgated” each place it appears and inserting “rule, order, or consent agreement”; ######

(ii)by striking “such rule” each place it appears and inserting “such rule, order, or consent agreement”; and ######

(iii)in subparagraph (B), by striking “the rule” and inserting “the rule or order”; ####

(3)in subsection (d), by striking “rule” and inserting “rule, order, or consent agreement”; and ####

(4)in subsection (g), by striking “rule” and inserting “rule, order, or consent agreement”. ###

(e)Section 5 Section 5 of the Toxic Substances Control Act (15 U.S.C. 2604) is amended— ####

(1)in subsection (b)— #####

(A)in paragraph (1)(A)— ######

(i)by striking “rule promulgated” and inserting “rule, order, or consent agreement”; and ######

(ii)by striking “such rule” and inserting “such rule, order, or consent agreement”; #####

(B)in paragraph (1)(B), by striking “rule promulgated” and inserting “rule or order”; and #####

(C)in paragraph (2)(A)(ii), by striking “rule promulgated” and inserting “rule, order, or consent agreement”; and ####

(2)in subsection (d)(2)(C), by striking “rule” and inserting “rule, order, or consent agreement”. ###

(f)Section 7 Section 7(a) of the Toxic Substances Control Act (15 U.S.C. 2606(a)) is amended— ####

(1)in paragraph (1), in the matter following subparagraph (C), by striking “a rule under section 4, 5, 6, or title IV or an order under section 5 or title IV” and inserting “a determination under section 5 or 6, a rule under section 4, 5, or 6 or title IV, an order under section 4, 5, or 6 or title IV, or a consent agreement under section 4”; and ####

(2)in paragraph (2), by striking “subsection 6(d)(2)(A)(i)” and inserting “section 6(d)(3)(A)(i)”. ###

(g)Section 8 Section 8(a) of the Toxic Substances Control Act (15 U.S.C. 2607(a)) is amended— ####

(1)in paragraph (2)(E), by striking “data” and inserting “information”; and ####

(2)in paragraph (3)(A)(ii)(I), by striking “or an order in effect under section 5(e)” and inserting “, an order in effect under section 4 or 5(e), or a consent agreement under section 4”. ###

(h)Section 9 Section 9 of the Toxic Substances Control Act (15 U.S.C. 2608) is amended— ####

(1)in subsection (a), by striking “section 6” each place it appears and inserting “section 6(a)”; and ####

(2)in subsection (d), by striking “Health, Education, and Welfare” and inserting “Health and Human Services”. ###

(i)Section 10 Section 10 of the Toxic Substances Control Act (15 U.S.C. 2609) is amended— ####

(1)in the section heading, by striking “data” and inserting “information”; ####

(2)by striking “Health, Education, and Welfare” each place it appears and inserting “Health and Human Services”; ####

(3)in subsection (b)— #####

(A)in the subsection heading, by striking “Data” and inserting “Information”; #####

(B)by striking “data” and inserting “information” in paragraph (1); #####

(C)by striking “data” and inserting “information” in paragraph (2)(A); and #####

(D)by striking “a data” and inserting “an information” in paragraph (2)(B); and ####

(4)in subsection (g), by striking “data” and inserting “information”. ###

(j)Section 11 Section 11(b)(2) of the Toxic Substances Control Act (15 U.S.C. 2610(b)(2)) is amended— ####

(1)by striking “data” each place it appears and inserting “information”; and ####

(2)in subparagraph (E), by striking “rule promulgated” and inserting “rule promulgated, order issued, or consent agreement entered into”. ###

(k)Section 12 Section 12(b)(1) of the Toxic Substances Control Act (15 U.S.C. 2611(b)(1)) is amended by striking “data” both places it appears and inserting “information”. ###

(l)Section 15 Section 15(1) of the Toxic Substances Control Act (15 U.S.C. 2614(1)) is amended by striking “(A) any rule” and all that follows through “or (D)” and inserting “any requirement of this title or any rule promulgated, order issued, or consent agreement entered into under this title, or”. ###

(m)Section 19 Section 19 of the Toxic Substances Control Act (15 U.S.C. 2618) is amended— ####

(1)in subsection (a)— #####

(A)in paragraph (1)(A)— ######

(i)by striking “Not later than 60 days after the date of the promulgation of a rule under section 4(a), 5(a)(2), 5(b)(4), 6(a), 6(e), or 8, or under title II or IV” and inserting “Except as otherwise provided in this title, not later than 60 days after the date on which a rule is promulgated under this title, title II, or title IV, or the date on which an order is issued under section 4, 5(e), 5(f), or 6(i)(1),”; ######

(ii)by striking “such rule” and inserting “such rule or order”; and ######

(iii)by striking “such a rule” and inserting “such a rule or order”; #####

(B)in paragraph (1)(B)— ######

(i)by striking “Courts” and inserting “Except as otherwise provided in this title, courts”; and ######

(ii)by striking “subparagraph

(A)or

(B)of section 6(b)(1)” and inserting “this title, other than an order under section 4, 5(e), 5(f), or 6(i)(1),”; and #####

(C)in paragraph (2)— ######

(i)by striking “rulemaking record” and inserting “record”; and ######

(ii)by striking “based the rule” and inserting “based the rule or order”; ####

(2)in subsection (b)— #####

(A)by striking “review a rule” and inserting “review a rule, or an order under section 4, 5(e), 5(f), or 6(i)(1),”; #####

(B)by striking “such rule” and inserting “such rule or order”; #####

(C)by striking “the rule” and inserting “the rule or order”; #####

(D)by striking “new rule” each place it appears and inserting “new rule or order”; and #####

(E)by striking “modified rule” and inserting “modified rule or order”; and ####

(3)in subsection (c)— #####

(A)in paragraph (1)— ######

(i)in subparagraph (A)— ######

(I)by striking “a rule” and inserting “a rule or order”; and ######

(II)by striking “such rule” and inserting “such rule or order”; ######

(ii)in subparagraph (B)— ######

(I)in the matter preceding clause (i), by striking “a rule” and inserting “a rule or order”; ######

(II)by amending clause

(i)to read as follows: > > ###### “(i) > > in the case of review of— > > > ###### “(I) > > a rule under section 4(a), 5(b)(4), 6(a) (including review of the associated determination under section 6(b)(4)(A)), or 6(e), the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such rule if the court finds that the rule is not supported by substantial evidence in the rulemaking record taken as a whole; and > > > ###### “(II) > > an order under section 4, 5(e), 5(f), or 6(i)(1), the standard for review prescribed by paragraph (2)(E) of such section 706 shall not apply and the court shall hold unlawful and set aside such order if the court finds that the order is not supported by substantial evidence in the record taken as a whole; and” > ; and ######

(III)by striking clauses

(ii)and

(iii)and the matter after clause

(iii)and inserting the following: > > ###### “(ii) > > the court may not review the contents and adequacy of any statement of basis and purpose required by section 553(c) of title 5, United States Code, to be incorporated in the rule or order, except as part of the record, taken as a whole.” > ; and ######

(iii)by striking subparagraph (C); and #####

(B)in paragraph (2), by striking “any rule” and inserting “any rule or order”. ###

(n)Section 20 Section 20(a)(1) of the Toxic Substances Control Act (15 U.S.C. 2619(a)(1)) is amended by striking “order issued under section 5” and inserting “order issued under section 4 or 5”. ###

(o)Section 21 Section 21 of the Toxic Substances Control Act (15 U.S.C. 2620) is amended— ####

(1)in subsection (a), by striking “order under section 5(e) or (6)(b)(2)” and inserting “order under section 4 or 5(e) or (f)”; and ####

(2)in subsection (b)— #####

(A)in paragraph (1), by striking “order under section 5(e), 6(b)(1)(A), or 6(b)(1)(B)” and inserting “order under section 4 or 5(e) or (f)”; and #####

(B)in paragraph (4)(B)— ######

(i)in the matter preceding clause (i), by striking “order under section 5(e) or 6(b)(2)” and inserting “order under section 4 or 5(e) or (f)”; ######

(ii)in clause (i), by striking “order under section 5(e)” and inserting “order under section 4 or 5(e)”; and ######

(iii)in clause (ii), by striking “section 6 or 8 or an order under section 6(b)(2), there is a reasonable basis to conclude that the issuance of such a rule or order is necessary to protect health or the environment against an unreasonable risk of injury to health or the environment” and inserting “section 6(a) or 8 or an order under section 5(f), the chemical substance or mixture to be subject to such rule or order presents an unreasonable risk of injury to health or the environment, without consideration of costs or other nonrisk factors, including an unreasonable risk to a potentially exposed or susceptible subpopulation, under the conditions of use”. ###

(p)Section 24 Section 24(b)(2)(B) of the Toxic Substances Control Act (15 U.S.C. 2623(b)(2)(B)) is amended— ####

(1)by inserting “and” at the end of clause (i); ####

(2)by striking clause (ii); and ####

(3)by redesignating clause

(iii)as clause (ii). ###

(q)Section 26 Section 26 of the Toxic Substances Control Act (15 U.S.C. 2625) is amended— ####

(1)in subsection (e), by striking “Health, Education, and Welfare” each place it appears and inserting “Health and Human Services”; and ####

(2)in subsection (g)(1), by striking “data” and inserting “information”. ###

(r)Section 27 Section 27(a) of the Toxic Substances Control Act (15 U.S.C. 2626(a)) is amended— ####

(1)by striking “Health, Education, and Welfare” and inserting “Health and Human Services”; ####

(2)by striking “test data” both places it appears and inserting “information”; ####

(3)by striking “rules promulgated” and inserting “rules, orders, or consent agreements”; and ####

(4)by striking “standards” and inserting “protocols and methodologies”. ###

(s)Section 30 Section 30(2) of the Toxic Substances Control Act (15 U.S.C. 2629(2)) is amended by striking “rule” and inserting “rule, order, or consent agreement”.

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