H.R.199: Children's Environmental Protection Act

Introduced in the House

SECTION 1. SHORT TITLE.

This Act may be cited as the `Children's Environmental Protection Act'.

SEC. 2. ENVIRONMENTAL PROTECTION FOR CHILDREN.

(a) IN GENERAL- The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) is amended by adding at the end the following:

TITLE V--ENVIRONMENTAL PROTECTION FOR CHILDREN

SEC. 501. FINDINGS AND POLICY.

(a) FINDINGS- Congress finds that--

(1) public health and safety depends on citizens and local officials knowing the toxic dangers that exist in their homes, communities, and neighborhoods;

(2) children eat more food, drink more fluids, and breathe more air in proportion to their body weight than adults;

(3) these factors put children at greater risk from environmental pollutants than adults, and as a result children face unique health threats that need special attention;

(4) risk assessments of pesticides and other environmental pollutants conducted by the Environmental Protection Agency do not clearly differentiate between the risks to children and the risks to adults;

(5) a study conducted by the National Academy of Sciences on the effects of pesticides in the diets of infants and children concluded that approaches to risk assessment typically do not consider risks to children and, as a result, current standards and tolerances often fail to adequately protect infants and children;

(6) data are lacking that would allow adequate quantification and evaluation of child-specific and other vulnerable subpopulation-specific susceptibility and exposure to environmental pollutants;

(7) data are lacking that would allow adequate quantification and evaluation of child-specific and other vulnerable subpopulation-specific bioaccumulation of environmental pollutants;

(8) the absence of data precludes effective government regulation of environmental pollutants, and denies individuals the ability to exercise a right to know and make informed decisions to protect their families; and

(9) research must be coordinated within the Environmental Protection Agency and other Federal agencies to identify key data needs to ensure the best science and to enhance the Nation's understanding of environmental health and safety threats to children.

(b) POLICY- It is the policy of the United States that--

(1) policies, programs, activities, and standards of the Environmental Protection Agency must address disproportionate risks to children that result from environmental health risks;

(2) information, including a safer-for-children product list, should be made readily available by the Environmental Protection Agency to the general public and relevant Federal and State agencies to advance the public's right-to-know, and allow the public to avoid unnecessary and involuntary exposure; and

(3) scientific research opportunities should be identified by the Environmental Protection Agency, the Department of Health and Human Services (including the National Institute of Environmental Health Sciences and the Agency for Toxic Substances and Disease Registry), the National Institutes of Health, and other Federal agencies, to study the short-term and long-term health effects of cumulative, simultaneous, and synergistic exposures of children and other vulnerable subpopulations to environmental pollutants.

SEC. 502. DEFINITIONS.

In this title:

(1) AREAS THAT ARE REASONABLY ACCESSIBLE TO CHILDREN- The term areas that are reasonably accessible to children' means homes, schools, day care centers, shopping malls, movie theaters, and parks.

(2) CHILDREN- The term children' means individuals who are 18 years of age or younger.

(3) ENVIRONMENTAL POLLUTANT- The term environmental pollutant' means a hazardous substance, as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601), or a pesticide, as defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136).
(4) FEDERAL PROPERTIES AND AREAS- The term Federal properties and areas' means areas owned or controlled by the United States.

(5) VULNERABLE SUBPOPULATIONS- The term vulnerable subpopulations' means children, pregnant women, the elderly, individuals with a history of serious illness, and other subpopulations identified by the Administrator as likely to experience elevated health risks from environmental pollutants.

SEC. 503. SAFEGUARDING CHILDREN AND OTHER VULNERABLE SUBPOPULATIONS.

(a) IN GENERAL- The Administrator shall--

(1) consistently and explicitly evaluate and consider environmental health risks to vulnerable subpopulations in all of the risk assessments, risk characterizations, environmental and public health standards, and regulatory decisions carried out by the Administrator;

(2) ensure that all Environmental Protection Agency standards protect children and other vulnerable subpopulations with an adequate margin of safety; and

(3) develop and use a separate assessment or finding of risks to vulnerable subpopulations or publish in the Federal Register an explanation of why the separate assessment or finding is not used.

(b) REEVALUATION OF CURRENT PUBLIC HEALTH AND ENVIRONMENTAL STANDARDS-

(1) IN GENERAL- As part of any risk assessment, risk characterization, environmental or public health standard or regulation, or general regulatory decision carried out by the Administrator, the Administrator shall evaluate and consider the environmental health risks to children and other vulnerable subpopulations.

(2) IMPLEMENTATION- In carrying out paragraph (1), not later than 1 year after the date of enactment of this title, the Administrator shall--

(A) develop an administrative strategy and an administrative process for reviewing standards;

(B) publish in the Federal Register a list of standards that may need revision to ensure the protection of children and vulnerable subpopulations;

(C) prioritize the list according to the standards that are most important for expedited review to protect children and vulnerable subpopulations;

(D) identify which standards on the list will require additional research in order to be reevaluated and outline the time and resources required to carry out the research; and

(E) identify, through public input and peer review, not fewer than 20 public health and environmental standards of the Environmental Protection Agency to be repromulgated on an expedited basis to meet the criteria of this subsection.

(3) REVISED STANDARDS- Not later than 6 years after the date of enactment of this title, the Administrator shall propose not fewer than 20 revised standards that meet the criteria of this subsection.

(4) COMPLETED REVISION OF STANDARDS- Not later than 15 years after the date of enactment of this title, the Administrator shall complete the revision of all standards in accordance with this subsection.

(5) REPORT- The Administrator shall report to Congress on an annual basis on progress made by the Administrator in carrying out the objectives and policy of this subsection.

SEC. 504. SAFER ENVIRONMENT FOR CHILDREN.

Not later than 1 year after the date of enactment of this title, the Administrator shall--

(1) identify environmental pollutants commonly used or found in areas that are reasonably accessible to children;

(2) create a scientifically peer reviewed list of substances identified under paragraph (1) with known, likely, or suspected health risks to children;

(3) create a scientifically peer reviewed list of safer-for-children substances and products recommended by the Administrator for use in areas that are reasonably accessible to children that, when applied as recommended by the manufacturer, will minimize potential risks to children from exposure to environmental pollutants;

(4) establish guidelines to help reduce and eliminate exposure of children to environmental pollutants in areas reasonably accessible to children, including advice on how to establish an integrated pest management program;

(5) create a family right-to-know information kit that includes a summary of helpful information and guidance to families, such as the information created under paragraph (3), the guidelines established under paragraph (4), information on the potential health effects of environmental pollutants, practical suggestions on how parents may reduce their children's exposure to environmental pollutants, and other relevant information, as determined by the Administrator in cooperation with the Centers for Disease Control;

(6) make all information created pursuant to this subsection available to Federal and State agencies, the public, and on the Internet; and

(7) review and update the lists created under paragraphs (2) and (3) at least once each year.

SEC. 505. RESEARCH TO IMPROVE INFORMATION ON EFFECTS ON CHILDREN.

(a) TOXICITY DATA- The Administrator, the Secretary of Agriculture, and the Secretary of Health and Human Services shall coordinate and support the development and implementation of basic and applied research initiatives to examine the health effects and toxicity of pesticides (including active and inert ingredients) and other environmental pollutants on children and other vulnerable subpopulations.

(b) BIENNIAL REPORTS- The Administrator, the Secretary of Agriculture, and the Secretary of Health and Human Services shall submit biennial reports to Congress on actions taken to carry out this section.

SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are necessary to carry out this title.'.

(b) TECHNICAL AMENDMENT- The table of contents of the Toxic Substances Control Act (contained in section 1 of such Act) is amended by adding at the end the following:

TITLE V--ENVIRONMENTAL PROTECTION FOR CHILDREN

Sec. 501. Findings and policy.

Sec. 502. Definitions.

Sec. 503. Safeguarding children and other vulnerable subpopulations.

Sec. 504. Safer environment for children.

Sec. 505. Research to improve information on effects on children.

Sec. 506. Authorization of appropriations.'.

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