SenateS. 4664119th Congress
Safer Choice Program Authorization Act of 2026
Full Text
Official text as published. Use Ctrl+F / Cmd+F to search within the document.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4664 Introduced in Senate (IS)]
<DOC>
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.
<all>