Toxic Substances Control Act
Public Law 94-469 · S. 3149 · 94th Congress · began in the Senate
Signed by Gerald Ford (R) on Oct 11, 1976 · Environmental Protection
Major law
Sponsor: Sen. John Tunney (D-CA)
Cosponsors (9): Sen. Rupert Hartke, Sen. Warren Magnuson,
Passage votesYeaNay
- HouseRecorded vote: 360 yea, 35 nay360–35
- SenateRecorded vote: 73 yea, 6 nay73–6
Data notes
The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.
Summary
The Congressional Research Service’s plain-language summary of what the law does.
Toxic Substances Control Act - Provides that if the Administrator of the Environmental Protection Agency finds that testing of a chemical substance in accordance with a test protocol for such substance is necessary to protect against unreasonable risk to health or the environment, he may by rule require that testing be conducted on such substance to develop data with respect to the health and environmental effects for which there is an insufficiency of data. States that a rule requiring the testing of a chemical substance or mixture must include: (1) identification of the substance or mixture for which testing is required; and (2) standards for the development of test data for such substance.
Requires persons intending to manufacture or process the substance to perform the necessary tests.
Authorizes the Administrator to exempt chemicals and mixtures from the testing requirement if he determines that data has been or is being developed for substantially the same compound.
Directs the Administrator upon receipt of the test results to promptly publish in the Federal Register the test data, the intended uses of the substances, and the nature of the tests.
Establishes a committee to recommend to the Administrator the chemical substances and mixtures to which the Administrator should give priority consideration for testing. States that the committee shall give priority attention to chemical substances known or suspected of causing or contributing to cancer, gene mutations, and birth defects. Sets forth the membership of the committee.
Specifies that upon the receipt of any test data which indicates that a chemical substance or mixture has the potential to induce in human beings cancer, gene mutations, or birth defects, the Administrator shall take action within 180 days to limit human exposure.
Requires manufacturers to give a 90-day notice to the Administrator of their intent to manufacture a new chemical substance, and to submit data developed in accordance with the requirements of this Act where the Administrator has determined that the use of such chemical substance will be a "significant new use." Exempts from this requirement persons who satisfactorily demonstrate that the proposed substance or activity will not cause an unreasonable risk of injury to human health or the environment.
Requires the Administrator to issue a proposed rule or an order prior to the expiration of the notification period where the Administrator has found that the manufacture or use of a chemical substance presents an unreasonable risk of injury to health or the environment.
Authorizes exemptions from the testing requirement if the Administrator determines that the manufacture and distribution of such substance would not present an unreasonable risk to health or the environment under the particular circumstance or under appropriate restrictions.
Authorizes the Administrator, upon a finding that a chemical substance is dangerous or potentially dangerous, to prescribe rules using the least burdensome requirements to: (1) prohibit the manufacture or distribution of a substance or limit the amount which may be produced or distributed; (2) prohibit particular use or uses of such a substance; and (3) require an adequate warning with regard to the use or disposal of the substance. Provides the Administrator with criteria for formulating such rules.
Authorizes the Administrator to order a manufacturer or processor to revise his quality control procedures if the Administrator determines that such manufacturer or processor is manufacturing or processing a chemical substance in a manner which causes it to present an unreasonable risk of injury to health or the environment.
Makes it unlawful, effective one year after the date of enactment of this Act, to manufacture, process, distribute in commerce, or use any polychlorinated biphenyl in any manner other than in a totally enclosed environment. Makes it unlawful, effective two years after the date of enactment of this Act, to manufacture such items; and unlawful 2 1/2 years after such date to process or distribute in commerce such item. Permits the Administrator to make exceptions to such restrictions where he determines that no unreasonable risk of injury to health or the environment is presented. Directs the Administrator to promulgate, within six months, rules prescribing methods for the disposal of such item.
Authorizes the Administrator to file an action in a United States district court: (1) for seizure of an imminently hazardous chemical substance or mixture or any article containing such a substance or mixture; (2) for relief against any person who manufactures, processes, or distributes such substance, mixture, or article; or (3) for both seizure and relief.
Authorizes the Administrator, by rule, to require reports from all manufacturers and processors of chemical substances where appropriate to ascertain the chemical identity, quantity, and uses of substances produced.
Requires the Administrator to compile and publish a list of each chemical substance which is manufactured or processed in the United States.
Directs any person who manufactures, processes, or distributes in commerce any chemical substance or mixture to maintain records of significant adverse reactions to health or the environment.
Authorizes the Administrator to require manufacturers, processors, or distributors to submit lists of health and safety studies with respect to chemical substances or mixtures which they intend to introduce into commerce.
Requires any person who manufactures, processes, or distributes in commerce a chemical substance or mixture and who obtains information which reasonably supports the conclusion that such substance or mixture presents an unreasonable risk to health or the environment to immediately inform the Administrator of such risk unless such person has actual knowledge that the Administrator has been adequately informed of such risk.
Requires the Administrator to coordinate actions taken under this Act with actions taken under other Federal laws administered in whole or in part by the Administrator.
Directs the Administrator to conduct such research, development, and monitoring as is necessary to carry out the purposes of this Act. Authorizes the establishment of an interagency committee whose primary responsibility shall be to design an efficient system within the Environmental Protection Agency for the collection of data.
Directs the Administrator to coordinate, with the Assistant Secretary for Health, a program for the development of rapid, reliable, and economical screening techniques for carcinogenic, mutagenic, teratogenic, and ecological effects of chemical substances and mixtures.
Provides for research programs aimed at the development of monitoring techniques for the detection of toxic chemical substances.
Requires the Administrator to establish a system of exchange among Federal, State, and local authorities of research results with respect to toxic chemical substances.
Authorizes the Administrator to inspect, after written notice, premises in which chemical substances or mixtures are manufactured, processed, or stored to determine whether the requirements of this Act have been complied with.
Provides that this Act shall not apply to any chemical substances which are to be used solely for export from the United States.
Requires the Secretary of the Treasury to prohibit the entry into the customs territory of the United States of material or article containing a chemical substance or mixture if: (1) it fails to comply with any rule in effect under this Act; or (2) it is otherwise prohibited pursuant to this Act from being distributed in commerce.
Permits disclosure of data received by the Administrator pursuant to this Act under limited circumstances, and prescribes criminal penalties for wrongful disclosure.
Enumerates civil and criminal penalties for violations of the provisions of this Act, and grants jurisdiction to Federal district courts to specifically enforce such provisions.
Provides that no State or political subdivision may establish similar requirements for the testing of a substance or mixture after the Administrator has issued a rule.
Provides for judicial review in the courts of appeals of the United States for specified rules promulgated under this Act.
Authorizes any person to commence a civil action in specified district courts against any person including the United States alleged to be in violation of this Act.
Prescribes procedures for any person to petition the Administrator to issue a rule for testing standards or regulation of hazardous substances.
Requires the Administrator to waive compliance with the provisions of this Act upon a statement by the President that such waiver is necessary in the interest of national defense.
Prohibits any employer from discharging any employee for taking any action pursuant to this Act.
Requires that the Administrator evaluate on a continuing basis the potential effects on employment of the requirements of this Act or the issuance of a rule or order pursuant to this Act.
Directs the Administrator to conduct a study of all Federal laws administered by the Administrator for the purpose of determining whether and under what conditions, if any, indemnification should be afforded any person as a result of any action taken by the Administrator under any such law.
Authorizes the Secretary of Health, Education, and Welfare to make grants to public and nonprofit private entities and to enter into contracts for the development and evaluation of methods of determining the health and environmental effects of chemical substances and mixtures.
Authorizes the Administrator to make grants to States for the establishment and operation of programs to prevent or eliminate unreasonable risks within the States to health or the environment which are associated with a chemical substance.
Authorizes appropriations for fiscal years 1977, 1978, and 1979 to carry out the purposes of this Act.
Requires the Administrator to prepare and submit to the President and the Congress an annual report on the administration of this Act.
Who voted for it
Every senator of the 94th Congress on the ideology compass. Highlighted: the 75 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.
75 yea6 nay19 present or did not vote
Democrats who voted yea(50)
- Sen. James AbourezkD-SD
- Sen. William ProxmireD-WI
- Sen. Dick ClarkD-IA
- Sen. Gaylord NelsonD-WI
Sen. Joseph BidenD-DE- Sen. Floyd HaskellD-CO
- Sen. Lee MetcalfD-MT
- Sen. John CulverD-IA
- Sen. Gary HartD-CO
Sen. Ted KennedyD-MA- Sen. William HathawayD-ME
- Sen. John DurkinD-NH
- Sen. Rupert HartkeD-IN
Sen. Patrick LeahyD-VT- Sen. Birch BayhD-IN
- Sen. Thomas EagletonD-MO
- Sen. Edmund MuskieD-ME
- Sen. Alan CranstonD-CA
- Sen. Frank ChurchD-ID
- Sen. Fritz HollingsD-SC
- Sen. Hubert HumphreyD-MN
- Sen. Stuart SymingtonD-MO
- Sen. Adlai StevensonD-IL
- Sen. Thomas McIntyreD-NH
- Sen. Dale BumpersD-AR
- Sen. Quentin BurdickD-ND
- Sen. Frank MossD-UT
- Sen. Claiborne PellD-RI
- Sen. Dee HuddlestonD-KY
Sen. Robert ByrdD-WV- Sen. Harrison WilliamsD-NJ
- Sen. Scoop JacksonD-WA
- Sen. Warren MagnusonD-WA
- Sen. Abraham RibicoffD-CT
- Sen. Wendell FordD-KY
- Sen. John PastoreD-RI
Sen. Daniel InouyeD-HI- Sen. Robert MorganD-NC
- Sen. Jennings RandolphD-WV
- Sen. Dick StoneD-FL
- Sen. Mike GravelD-AK
- Sen. John JohnstonD-LA
- Sen. Samuel NunnD-GA
- Sen. John SparkmanD-AL
- Sen. Russell LongD-LA
- Sen. John StennisD-MS
- Sen. John McClellanD-AR
- Sen. James EastlandD-MS
- Sen. Harry ByrdD-VA
- Sen. James AllenD-AL
Republicans who voted yea(25)
- Sen. Clifford CaseR-NJ
- Sen. Edward BrookeR-MA
- Sen. Richard SchweikerR-PA
- Sen. Charles MathiasR-MD
- Sen. Robert StaffordR-VT
- Sen. Charles PercyR-IL
- Sen. Mark HatfieldR-OR
- Sen. Lowell WeickerR-CT
- Sen. Hugh ScottR-PA
- Sen. James PearsonR-KS
- Sen. John BeallR-MD
- Sen. Hiram FongR-HI
Sen. Ted StevensR-AK- Sen. Milton YoungR-ND
- Sen. William RothR-DE
Sen. Pete DomeniciR-NM- Sen. Robert TaftR-OH
- Sen. Howard BakerR-TN
- Sen. Robert GriffinR-MI
- Sen. William BrockR-TN
- Sen. Henry BellmonR-OK
- Sen. Strom ThurmondR-SC
- Sen. Roman HruskaR-NE
- Sen. Jake GarnR-UT
- Sen. Paul LaxaltR-NV
Data notes
The Senate’s recorded vote on the final version of the law (roll call 1267 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.
Committees
The committees the bill was sent to, and what each did with it.
Data notes
A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.
Timeline
From introduction to signing, newest first: the committees, the floor and the president. 22 actions.
- Oct 11, 1976Became lawBecame law · Signed by President.
- PresidentPresident · Public law 94-469.
- Sep 29, 1976PresidentPresident · Measure presented to President.
- PresidentPresident · Measure enrolled in Senate.
- PresidentPresident · Measure enrolled in House.
- Sep 28, 1976Resolving differencesResolving differences · Senate agreed to conference report, roll call #656 (73-6).Senate roll call 656
- Resolving differencesResolving differences · Conference report agreed to in Senate: Senate agreed to conference report, roll call #656 (73-6).Senate roll call 656
- Resolving differencesResolving differences · House agreed to conference report, roll call #820 (360-35).House roll call 820
- Resolving differencesResolving differences · Conference report agreed to in House: House agreed to conference report, roll call #820 (360-35).House roll call 820
- Sep 24, 1976Resolving differencesResolving differences · Conference report filed in Senate, S. Rept. 94-1302.
- Resolving differencesResolving differences · Conference report filed: Conference report filed in Senate, S. Rept. 94-1302.
- Sep 23, 1976Resolving differencesResolving differences · Conference report filed in House, H. Rept. 94-1679.
- Resolving differencesResolving differences · Conference report filed: Conference report filed in House, H. Rept. 94-1679.
- Aug 31, 1976Resolving differencesResolving differences · Conference scheduled in Senate.
- Aug 23, 1976Resolving differencesResolving differences · Conference scheduled in House.
- FloorFloor · Measure passed House, amended, in lieu of H.R. 14032.
- Mar 29, 1976CommitteeCommittee · Referred to House Energy and Commerce Committee
- Mar 26, 1976FloorFloor · Measure passed Senate, amended, roll call #103 (60-13).Senate roll call 103
- FloorFloor · Measure called up by unanimous consent in Senate.
- Mar 16, 1976CommitteeCommittee · Reported by Senate Commerce, Science, and Transportation Committee
- CommitteeCommittee · Referred to Senate Commerce, Science, and Transportation Committee
- IntroducedIntroduced · Introduced in the Senate
Data notes
Shows the introduction, each committee and subcommittee step the source dates (referral, hearings, markup, report, discharge), and the floor, conference, presidential and became-law steps. Calendar placements, messages between the chambers, amendments and committee report numbers are not shown for laws before the 108th Congress. Two entries the source lists twice are shown once.
Official record
The bill’s full text and every action, including introduction and committee steps, are on Congress.gov. Data through Oct 7, 2026.
















