[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 599 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                 S. 599

 To protect children and other vulnerable subpopulations from exposure 
      to certain environmental pollutants, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 16, 1997

 Mrs. Boxer (for herself and Mr. Lautenberg) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
 To protect children and other vulnerable subpopulations from exposure 
      to certain environmental pollutants, 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 ``Children's Environmental Protection 
Act''.

SEC. 2. ENVIRONMENTAL PROTECTION FOR CHILDREN.

    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 and other vulnerable subpopulations are more 
        at risk from environmental pollutants than adults and therefore 
        face unique health threats that need special attention;
            ``(3) 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;
            ``(4) 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;
            ``(5) data are lacking that would allow adequate 
        quantification and evaluation of child-specific and other 
        vulnerable subpopulation-specific susceptibility and exposure 
        to environmental pollutants;
            ``(6) data are lacking that would allow adequate 
        quantification and evaluation of child-specific and other 
        vulnerable subpopulation-specific bioaccumulation of 
        environmental pollutants; and
            ``(7) 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.
    ``(b) Policy.--It is the policy of the United States that--
            ``(1) all environmental and public health standards set by 
        the Environmental Protection Agency must, with an adequate 
        margin of safety, protect children and other vulnerable 
        subpopulations that are at greater risk from exposure to 
        environmental pollutants;
            ``(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;
            ``(3) not later than 1 year after the safer-for-children 
        list is created, only listed products or chemicals that 
        minimize potential health risks to children shall be used in 
        Federal properties and areas; and
            ``(4) 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.

    ``(a) In General.--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.
    ``(b) Compliance in Public Areas That are Reasonably Accessible to 
Children.--Not later than 1 year after the list created under 
subsection (a)(3) is made available to the public, the Administrator 
shall prohibit the use of any product that has been excluded from the 
safer-for-children list in Federal properties and areas.

``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.''.
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