[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1112 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1112

 To protect children and other vulnerable subpopulations from exposure 
   to environmental pollutants, to protect children from exposure to 
    pesticides in schools, and to provide parents with information 
 concerning toxic chemicals that pose risks to children, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 1999

 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 environmental pollutants, to protect children from exposure to 
    pesticides in schools, and to provide parents with information 
 concerning toxic chemicals that pose risks to children, 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 AND OTHER VULNERABLE 
              SUBPOPULATIONS.

    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 AND OTHER VULNERABLE 
                             SUBPOPULATIONS

``SEC. 501. FINDINGS AND POLICY.

    ``(a) Findings.--Congress finds that--
            ``(1) the protection of public health and safety depends on 
        individuals and government officials being aware of the 
        pollution dangers that exist in their homes, schools, and 
        communities, and whether those dangers present special threats 
        to the health of children and other vulnerable subpopulations;
            ``(2) children spend much of their young lives in schools 
        and day care centers, and may face significant exposure to 
        pesticides and other environmental pollutants in those 
        locations;
            ``(3) the metabolism, physiology, and diet of children, and 
        exposure patterns of children to environmental pollutants 
        differ from those of adults and can make children more 
        susceptible than adults to the harmful effects of environmental 
        pollutants;
            ``(4) a study conducted by the National Academy of Sciences 
        that particularly considered the effects of pesticides on 
        children concluded that current approaches to assessing 
        pesticide risks typically do not consider risks to children 
        and, as a result, current standards and tolerances often fail 
        to adequately protect children;
            ``(5) there are often insufficient data to enable the 
        Administrator, when establishing an environmental and public 
        health standard for an environmental pollutant, to evaluate the 
        special susceptibility or exposure of children to environmental 
        pollutants;
            ``(6) when data are lacking to evaluate the special 
        susceptibility or exposure of children to an environmental 
        pollutant, the Administrator generally does not presume that 
        the environmental pollutant presents a special risk to children 
        and generally does not apply a special or additional margin of 
        safety to protect the health of children in establishing an 
        environmental or public health standard for that pollutant; and
            ``(7) safeguarding children from environmental pollutants 
        requires the systematic collection of data concerning the 
        special susceptibility and exposure of children to those 
        pollutants, and the adoption of an additional safety factor of 
        at least 10-fold in the establishment of environmental and 
        public health standards where reliable data are not available.
    ``(b) Policy.--It is the policy of the United States that--
            ``(1) the public has the right to be informed about the 
        pollution dangers to which children are being exposed in their 
        homes, schools and communities, and how those dangers may 
        present special health threats to children and other vulnerable 
        subpopulations;
            ``(2) each environmental and public health standard for an 
        environmental pollutant established by the Administrator must, 
        with an adequate margin of safety, protect children and other 
        vulnerable subpopulations;
            ``(3) where data sufficient to evaluate the special 
        susceptibility and exposure of children (including exposure in 
        utero) to an environmental pollutant are lacking, the 
        Administrator should presume that the environmental pollutant 
        poses a special risk to children and should apply an 
        appropriate additional margin of safety of at least 10-fold in 
        establishing  an environmental or public health standard for 
that environmental pollutant;
            ``(4) since it is difficult to identify all conceivable 
        risks and address all uncertainties associated with pesticide 
        use, the use of dangerous pesticides in schools and day care 
        centers should be eliminated; and
            ``(5) 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 should support research on 
        the short-term and long-term health effects of cumulative and 
        synergistic exposures of children and other vulnerable 
        subpopulations to environmental pollutants.

``SEC. 502. DEFINITIONS.

    ``In this title:
            ``(1) Child.--The term `child' means an individual 18 years 
        of age or younger.
            ``(2) Day care center.--The term `day care center' means a 
        center-based child care provider that is licensed, regulated, 
        or registered under applicable State or local law.
            ``(3) Environmental pollutant.--The term `environmental 
        pollutant' includes a hazardous substance subject to regulation 
        under the Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980 (42 U.S.C. 9601), a drinking water 
        contaminant subject to regulation under the Safe Drinking Water 
        Act (42 U.S.C. 300f et seq.), an air pollutant subject to 
        regulation under the Clean Air Act (42 U.S.C. 7401 et seq.), a 
        water pollutant subject to regulation under the Federal Water 
        Pollution Control Act (33 U.S.C. 1251 et seq.), and a pesticide 
        subject to regulation under the Federal Insecticide, Fungicide, 
        and Rodenticide Act (7 U.S.C. 136 et seq.).
            ``(4) Pesticide.--The term `pesticide' has the meaning 
        given the term in section 2 of the Federal Insecticide, 
        Fungicide, and Rodenticide Act (7 U.S.C. 136).
            ``(5) School.--The term `school' means an elementary school 
        (as defined in section 14101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 8801)), a secondary school (as 
        defined in section 14101 of that Act), a kindergarten, or a 
        nursery school that is public or receives Federal funding.
            ``(6) Vulnerable subpopulation.--The term `vulnerable 
        subpopulation' means children, pregnant women, the elderly, 
        individuals with a history of serious illness, and other 
        subpopulations identified by the Administrator as being likely 
        to experience special health risks from environmental 
        pollutants.

``SEC. 503. SAFEGUARDING CHILDREN AND OTHER VULNERABLE SUBPOPULATIONS.

    ``(a) In General.--The Administrator shall--
            ``(1) ensure that each environmental and public health 
        standard for an environmental pollutant protects children and 
        other vulnerable subpopulations with an adequate margin of 
        safety;
            ``(2) explicitly evaluate data concerning the special 
        susceptibility and exposure of children to any environmental 
        pollutant for which an environmental or public health standard 
        is established; and
            ``(3) adopt an additional margin of safety of at least 10-
        fold in the establishment of an environmental or public health 
        standard for an environmental pollutant in the absence of 
        reliable data on toxicity and exposure of the child to an 
        environmental pollutant or if there is a lack of reliable data 
        on the susceptibility of the child to an environmental 
        pollutant for which the environmental and public health 
        standard is being established.
    ``(b) Establishing, Modifying, or Reevaluating Environmental and 
Public Health Standards.--
            ``(1) In general.--In establishing, modifying, or 
        reevaluating any environmental or public health standard for an 
        environmental pollutant under any law administered by the 
        Administrator, the Administrator shall take into consideration 
        available information concerning--
                    ``(A) all routes of children's exposure to that 
                environmental pollutant; and
                    ``(B) the special susceptibility of children to the 
                environmental pollutant, including neurological 
                differences between children and adults, the effect of 
                in utero exposure to that environmental pollutant, and 
                the cumulative effect on a child of exposure to that 
                environmental pollutant and other substances having a 
                common mechanism of toxicity.
            ``(2) Additional safety margin.--If any of the data 
        described in paragraph (1) are not available, the Administrator 
        shall, in completing a risk assessment, risk characterization, 
        or other assessment of risk underlying an environmental or 
        public  health standard, adopt an additional margin of safety 
of at least 10-fold to take into account potential pre-natal and post-
natal toxicity of an environmental pollutant, and the completeness of 
data concerning the exposure and toxicity of an environmental pollutant 
to children.
    ``(c) Identification and Revision of Current Environmental and 
Public Health Standards That Present Special Risks to Children.--
            ``(1) In general.--Not later than 1 year after the date of 
        enactment of this title and annually thereafter, based on the 
        recommendations of the Children's Environmental Health 
        Protection Advisory Committee established under section 507, 
        the Administrator shall--
                    ``(A) repromulgate, in accordance with this 
                section, at least 3 of the environmental and public 
                health standards identified by the Children's 
                Environmental Health Protection Advisory Committee as 
                posing a special risk to children; or
                    ``(B) publish a finding in the Federal Register 
                that provides the Administrator's basis for declining 
                to repromulgate at least 3 of the environmental and 
                public health standards identified by the Children's 
                Environmental Health Protection Advisory Committee as 
                posing a special risk to children.
            ``(2) Determination by administrator.--If the Administrator 
        makes the finding described in paragraph (1)(B), the 
        Administrator shall repromulgate in accordance with this 
        section at least 3 environmental and public health standards 
        determined to pose a greater risk to children's health than the 
        environmental and public health standards identified by the 
        Children's Environmental Health Protection Advisory Committee.
            ``(3) Report.--Not later than 1 year after the date of 
        enactment of this title and annually thereafter, the 
        Administrator shall submit a report to Congress describing the 
        progress made by the Administrator in carrying out this 
        subsection.

``SEC. 504. PROTECTING CHILDREN FROM EXPOSURE TO PESTICIDES IN SCHOOLS.

    ``(a) In General.--Each school and day care center that receives 
Federal funding shall--
            ``(1) take steps to reduce the exposure of children to 
        pesticides on school grounds, both indoors and outdoors; and
            ``(2) provide parents with advance notification of any 
        pesticide application on school grounds in accordance with 
        subsection (b).
    ``(b) Least Toxic Pest Control Strategy.--
            ``(1) In general.--The Administrator shall distribute to 
        each school and day care center the current manual of the 
        Environmental Protection Agency that guides schools and day 
        care centers in the establishment of a least toxic pest control 
        strategy.
            ``(2) List.--Not later than 180 days after the date of 
        enactment of this Act and annually thereafter, the 
        Administrator shall provide each school and day care center 
        with a list of pesticides that contain a substance that the 
        Administrator has identified as a known or probable carcinogen, 
        a developmental or reproductive toxin, a category I or II acute 
        nerve toxin, or a known or suspected endocrine disrupter as 
        identified by the endocrine disrupter screening program of the 
        Environmental Protection Agency.
            ``(3) Prohibition of pesticide application.--Effective 
        beginning on the date that is 2 years after the date of 
        enactment of this Act, any school or day care center that 
        receives Federal funding shall not apply any pesticide 
        described in paragraph (2), either indoors or outdoors.
            ``(4) Emergency exemption.--
                    ``(A) In general.--An administrator of a school or 
                day care center may suspend the prohibition under 
                paragraph (3) for a period of not more than 14 days if 
                the administrator determines that a pest control 
                emergency poses an imminent threat to the health and 
                safety of the school or day care center community.
                    ``(B) Notice.--
                            ``(i) In general.--Prior to exercising the 
                        authority under this paragraph, an 
                        administrator shall give notice to the board of 
                        the school or day care center of the reasons 
                        for finding that a pest control emergency 
                        exists.
                            ``(ii) Action taken.--An administrator that 
                        exercises the authority under subparagraph (A) 
                        shall report any action taken by personnel or 
                        outside contractors in response to the pest 
                        control emergency to the board of the school or 
                        day care center at the next scheduled meeting 
                        of the board.
    ``(c) Parental notice prior to any pesticide application.--
            ``(1) In general.--An administrator of the school or day 
        care center shall provide written notice to parents not later 
        than 72 hours before any indoor or outdoor pesticide 
        application on the grounds of the school or day care center.
            ``(2) Contents of notice.--A notice under this subsection 
        shall include a description of the intended area of application 
        and the name of each pesticide to be applied.
            ``(3) Form.--A pesticide notice under this subsection may 
        be incorporated into any notice that is being sent to parents 
        at the time the pesticide notice is required to be sent.
            ``(4) Warning sign.--
                    ``(A) In general.--An administrator of a school or 
                day care center shall post at any area in the area of 
                the school or day care center where a pesticide is to 
                be applied a warning sign that is consistent with the 
                label of the pesticide and prominently displays the 
                term `warning', `danger', or `poison'.
                    ``(B) Period of display.--During the period that 
                begins not less than 24 hours before the application of 
                a pesticide and ends not less than 72 hours after the 
                application, a sign under this subparagraph shall be 
                displayed in a location where it is visible to all 
                individuals entering the area.

``SEC. 505. 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 Director of the Centers for Disease 
        Control and Prevention;
            ``(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. 3. ADDITIONAL REPORTING OF TOXIC CHEMICAL RELEASES THAT AFFECT 
              CHILDREN.

    Section 313(f)(1) of the Emergency Planning and Community Right-to-
Know Act of 1986 (42 U.S.C. 11023(f)(1)) is amended by adding at the 
end the following:
                    ``(C) Children's health.--
                            ``(i) In general.--With respect to each of 
                        the toxic chemicals described in clause (ii) 
                        that are released from a facility, the amount 
                        described in clause (iii).
                            ``(ii) Chemicals.--Not later than 2 years 
                        after the date of enactment of this 
                        subparagraph, the Administrator shall identify 
                        each toxic chemical that the Administrator 
                        determines may present a significant risk to 
                        children's health or the environment due to the 
                        potential of that chemical to bioaccumulate, 
                        disrupt endocrine systems, remain in the 
                        environment, or other characteristics, 
                        including--
                                    ``(I) any chemical or group of 
                                chemicals that persists in any 
                                environmental medium for at least 60 
                                days (as defined by half life) or that 
                                have bioaccumulation or 
                                bioconcentration factors greater than 
                                1,000;
                                    ``(II) any chemical or group of 
                                chemicals that, despite a failure to 
                                meet the specific persistence or 
                                bioaccumulation measuring criteria 
                                described in subclause (I), can be 
                                reasonably expected to degrade into a 
                                substance meeting those criteria; and
                                    ``(III) lead, mercury, dioxin, 
                                cadmium, and chromium and pollutants 
                                that are bioaccumulative chemicals of 
                                concern listed in subparagraph (A) of 
                                table 6 of the tables to part 132 of 
                                title 40, Code of Federal Regulations.
                            ``(iii) Threshold.--The Administrator shall 
                        establish a threshold for each toxic chemical 
                        described in clause (ii) at a level that shall 
                        ensure reporting for at least 80 percent of the 
                        aggregate of all releases of the chemical from 
                        facilities that--
                                    ``(I) have 10 or more full-time 
                                employees; and
                                    ``(II) are in Standard Industrial 
                                Classification Codes 20 through 39 or 
                                in the Standard Industrial 
                                Classification Codes under subsection 
                                (b)(1)(B).
                            ``(iv) Additional facilities.--If the 
                        Administrator determines that a facility other 
                        than a facility described in clause  (iii) 
contributes substantially to total releases of toxic chemicals 
described in clause (ii), the Administrator shall require that facility 
to comply with clause (iii).''.

SEC. 4. RESEARCH TO IMPROVE INFORMATION ON THE EFFECTS OF ENVIRONMENTAL 
              POLLUTANTS ON CHILDREN.

    The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) (as 
amended by section 2) is amended by adding at the end the following:

``SEC. 506. RESEARCH TO IMPROVE INFORMATION ON THE EFFECTS OF 
              ENVIRONMENTAL POLLUTANTS ON CHILDREN.

    ``(a) Exposure and 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, and the exposure of children and vulnerable 
subpopulations to environmental pollutants.
    ``(b) Biennial Reports.--The Administrator, the Secretary of 
Agriculture, and the Secretary of Health and Human Services shall 
submit biennial reports to Congress describing actions taken to carry 
out this section.''.

SEC. 5. CHILDREN'S ENVIRONMENTAL HEALTH PROTECTION ADVISORY COMMITTEE.

    The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) (as 
amended by section 4) is amended by adding at the end the following:

``SEC. 507. CHILDREN'S ENVIRONMENTAL HEALTH PROTECTION ADVISORY 
              COMMITTEE.

    ``(a) Establishment.--The Administrator shall establish a 
Children's Environmental Health Protection Advisory Committee to assist 
the Administrator in carrying out this title.
    ``(b) Composition.--The Committee shall be comprised of medical 
professionals specializing in pediatric health, educators, 
representatives of community groups, representatives of environmental 
and public health nonprofit organizations, industry representatives, 
and State environmental and public health department representatives.
    ``(c) Duties.--Not later than 2 years after the date of enactment 
of this title and annually thereafter, the Committee shall develop a 
list of standards that merit reevaluation by the Administrator in order 
to better protect children's health.
    ``(d) Termination.--The Committee shall terminate not later than 15 
years after the date on which the Committee is established.

``SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

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