[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 4010 Introduced in Senate (IS)]








109th CONGRESS
  2d Session
                                S. 4010

      To amend the Toxic Control Substance Act, the Comprehensive 
 Environmental Response, Compensation, and Liability Act of 1980, the 
   Emergency Planning and Right-To-Know Act of 1986, and the Federal 
  Hazardous Substances Act, and to authorize the Administrator of the 
Environmental Protection Agency to provide grants to States to protect 
     children and other vulnerable subpopulations from exposure to 
           environmental pollutants, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2006

 Mr. Menendez introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

_______________________________________________________________________

                                 A BILL


 
      To amend the Toxic Control Substance Act, the Comprehensive 
 Environmental Response, Compensation, and Liability Act of 1980, the 
   Emergency Planning and Right-To-Know Act of 1986, and the Federal 
  Hazardous Substances Act, and to authorize the Administrator of the 
Environmental Protection Agency to provide grants to States to protect 
     children and other vulnerable subpopulations from exposure to 
           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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Environmental 
Protection for Children Act of 2006''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                   TITLE I--ENVIRONMENTAL PROTECTIONS

Sec. 101. Environmental protections for children and other vulnerable 
                            subpopulations.
           TITLE II--CHILDREN'S ENVIRONMENTAL HEALTH RESEARCH

Sec. 201. Research to improve information on the effects of 
                            environmental pollutants on children.
        TITLE III--AWARENESS OF ENVIRONMENTAL RISKS TO CHILDREN

Sec. 301. Short title.
Sec. 302. Finding.
     Subtitle A--Disclosure of Industrial Releases That Present a 
                      Significant Risk to Children

Sec. 311. Reporting requirements.
  Subtitle B--Disclosure of High Health Risk Chemicals in Children's 
                           Consumer Products

Sec. 321. List of toxic chemicals.
Sec. 322. Reporting of toxic chemicals in consumer products.
Sec. 323. Exemptions.
Sec. 324. Private citizen enforcement.
          TITLE IV--ENVIRONMENTAL CONTAMINANT TESTING PROGRAM

Sec. 401. Definitions.
Sec. 402. Block grants.
Sec. 403. Authorization of appropriations.

                   TITLE I--ENVIRONMENTAL PROTECTIONS

SEC. 101. ENVIRONMENTAL PROTECTIONS FOR CHILDREN AND OTHER VULNERABLE 
              SUBPOPULATIONS.

    (a) Environmental Protections.--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 the health and safety of the public 
        depends on--
                    ``(A) the knowledge possessed by officials of the 
                Federal Government and other persons relating to 
                environmental pollutants that exist in the homes, 
                schools, and communities of the United States; and
                    ``(B) the extent to which environmental pollutants 
                present a special threat to the health of children and 
                other vulnerable subpopulations;
            ``(2) children--
                    ``(A) spend much of their young lives in schools 
                and day care centers; and
                    ``(B) may face significant exposure to 
                environmental pollutants in those locations;
            ``(3) the metabolism, physiology, and diet of children, and 
        exposure patterns of children to environmental pollutants--
                    ``(A) differ from those of adults; and
                    ``(B) make children more susceptible than adults to 
                the harmful effects of environmental pollutants;
            ``(4) when establishing an environmental and public health 
        standard for an environmental pollutant, the Administrator 
        often lacks a sufficient quantity of data to evaluate the 
        special susceptibility or exposure of children to environmental 
        pollutants;
            ``(5) when the Administrator lacks a sufficient quantity of 
        data to evaluate the special susceptibility or exposure of 
        children to an environmental pollutant, the Administrator 
        generally does not--
                    ``(A) presume that the environmental pollutant 
                presents a special risk to children; and
                    ``(B) 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
            ``(6) safeguarding children from environmental pollutants 
        requires--
                    ``(A) the systematic collection of data relating to 
                the special susceptibility and exposure of children to 
                those pollutants; and
                    ``(B) the adoption of an additional safety factor 
                of at least 10-fold in the establishment of 
                environmental and public health standards when reliable 
                data are not available.
    ``(b) Policy.--It is the policy of the United States that--
            ``(1) the public has a right to be informed about--
                    ``(A) each environmental pollutant to which 
                children are being exposed in their homes, schools, and 
                communities; and
                    ``(B) the manner by which an environmental 
                pollutant may present a special health threat to 
                children and other vulnerable subpopulations;
            ``(2) each environmental and public health standard for an 
        environmental pollutant established by the Administrator shall, 
        with an adequate margin of safety, protect children and other 
        vulnerable subpopulations;
            ``(3) in a case in which data are insufficient to evaluate 
        the special susceptibility and exposure of children (including 
        exposure in utero) to an environmental pollutant, the 
        Administrator should--
                    ``(A) presume that the environmental pollutant 
                poses a special risk to children; and
                    ``(B) 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) because the task of identifying every conceivable 
        risk and addressing every uncertainty relating to pesticide use 
        is difficult, the use of any dangerous pesticide in every 
        school and day care center in the United States 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 
        relating to 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 who is 
        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' means--
                    ``(A) a hazardous substance (as defined in section 
                101 of the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 
                9601));
                    ``(B) a contaminant subject to regulation under the 
                Safe Drinking Water Act (42 U.S.C. 300f et seq.);
                    ``(C) an air pollutant subject to regulation under 
                the Clean Air Act (42 U.S.C. 7401 et seq.);
                    ``(D) a water pollutant subject to regulation under 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.); and
                    ``(E) a pesticide subject to regulation under the 
                Federal Insecticide, Fungicide, and Rodenticide Act (7 
                U.S.C. 136 et seq.).
            ``(4) School.--The term `school' means--
                    ``(A) an elementary school (as defined in section 
                14101 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 8801));
                    ``(B) a secondary school (as defined in section 
                14101 of that Act);
                    ``(C) a kindergarten; and
                    ``(D) a nursery school that is public or receives 
                Federal funding.
            ``(5) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
            ``(6) Vulnerable subpopulation.--The term `vulnerable 
        subpopulation' means--
                    ``(A) children;
                    ``(B) pregnant women;
                    ``(C) elderly individuals;
                    ``(D) individuals with a history of serious 
                illness; and
                    ``(E) any other subpopulation likely to experience 
                a special risk from an environmental pollutant, as 
                determined by the Administrator.

``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 relating to 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--
                    ``(A) for an environmental pollutant in the absence 
                of reliable data relating to--
                            ``(i) the toxicity of the environmental 
                        pollutant; and
                            ``(ii) the potential risk of exposure of 
                        children to that environmental pollutant; or
                    ``(B) if there is a lack of reliable data relating 
                to the susceptibility of children to an environmental 
                pollutant for which the environmental or public health 
                standard is being established.
    ``(b) Establishing, Modifying, or Re-Evaluating 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 relating to--
                    ``(A) each route of exposure of a child to that 
                environmental pollutant; and
                    ``(B) the special susceptibility of a child to that 
                environmental pollutant, including--
                            ``(i) any neurological difference between 
                        children and adults;
                            ``(ii) the effect of in utero exposure to 
                        that environmental pollutant; and
                            ``(iii) the cumulative effect on a child of 
                        exposure to--
                                    ``(I) that environmental pollutant; 
                                and
                                    ``(II) any other substance that has 
                                a common mechanism of toxicity.
            ``(2) Additional safety margin.--If any data described in 
        paragraph (1) are not available to the Administrator, the 
        Administrator shall, in carrying out 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--
                    ``(A) potential pre-natal and post-natal toxicity 
                of an environmental pollutant; and
                    ``(B) the completeness of data concerning the 
                exposure and toxicity of an environmental pollutant to 
                children.

``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) develop 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) develop a family right-to-know information kit that 
        includes a summary of helpful information and guidance for 
        families, such as--
                    ``(A) the information developed under paragraph 
                (3);
                    ``(B) the guidelines established under paragraph 
                (4);
                    ``(C) information on the potential health effects 
                of environmental pollutants;
                    ``(D) practical suggestions on how parents may 
                reduce the exposure of their children to environmental 
                pollutants; and
                    ``(E) other information determined to be relevant 
                by the Administrator, in cooperation with the Director 
                of the Centers for Disease Control and Prevention;
            ``(6) make all information developed under this subsection 
        available to Federal and State agencies, to the public, and on 
        the Internet; and
            ``(7) review and update the lists developed under 
        paragraphs (2) and (3) at least annually.

``SEC. 505. 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--
            ``(1) the health effects and toxicity of pesticides 
        (including active and inert ingredients) and other 
        environmental pollutants on children and other vulnerable 
        subpopulations; and
            ``(2) the exposure of children and other 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.''.
    (b) Conforming Amendment.--The table of contents contained in 
section 1 of the Toxic Substances Control Act (15 U.S.C. 2601 note) is 
amended by adding at the end the following:

 ``TITLE V--ENVIRONMENTAL PROTECTION FOR CHILDREN AND OTHER VULNERABLE 
                             SUBPOPULATIONS

``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 the effects of 
                            environmental pollutants on children.''.

           TITLE II--CHILDREN'S ENVIRONMENTAL HEALTH RESEARCH

SEC. 201. RESEARCH TO IMPROVE INFORMATION ON THE EFFECTS OF 
              ENVIRONMENTAL POLLUTANTS ON CHILDREN.

    The Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9601 et seq.) is amended by adding at 
the end the following:

          ``TITLE V--CHILDREN'S ENVIRONMENTAL HEALTH RESEARCH

``SEC. 501. CHILDREN'S ENVIRONMENTAL HEALTH.

    ``(a) Identification and Evaluation of Substances Hazardous to 
Children.--
            ``(1) Hazardous substance list.--
                    ``(A) In general.--Not later than 1 year after the 
                date of enactment of this title, the Administrator of 
                the Agency for Toxic Substances and Disease Registry 
                and the Administrator shall jointly develop a hazardous 
                substance list.
                    ``(B) Contents.--The hazardous substance list under 
                subparagraph (A) shall be composed of a scientifically 
                peer-reviewed list of environmental pollutants--
                            ``(i) that are commonly found at facilities 
                        listed or proposed for listing on the National 
                        Priorities List developed by the President in 
                        accordance with section 105(a)(8)(B) of the 
                        Comprehensive Environmental Response, 
                        Compensation, and Liability Act of 1980 (42 
                        U.S.C. 9605(a)(8)(B)); and
                            ``(ii) with known, likely, or suspected 
                        health risks to which fetuses and children are 
                        especially susceptible.
                    ``(C) Revision of list.--Not later than 2 years 
                after the date on which the development of a hazardous 
                substance list under subparagraph (A) is complete, and 
                every 2 years thereafter, the Administrator of the 
                Agency for Toxic Substances and Disease Registry and 
                the Administrator shall jointly review and revise the 
                list.
            ``(2) Revision of guidelines for preparation of 
        toxicological profiles.--Not later than 1 year after the date 
        of enactment of this title, the Administrator of the Agency for 
        Toxic Substances and Disease Registry and the Administrator 
        shall jointly revise the guidelines for the preparation of a 
        toxicological profile of a hazardous substance under section 
        104(i)(3) of the Comprehensive Environmental Response, 
        Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)(3)) 
        to include--
                    ``(A) a consideration of each exposure pathway and 
                health effect relating to fetuses and children;
                    ``(B) an identification of exposure levels specific 
                to different age ranges, as appropriate; and
                    ``(C) an identification of priority data needs 
                specifically relating to the environmental heath of 
                fetuses and children.
            ``(3) Preparation and revision of toxicological profiles.--
                    ``(A) In general.--Not later than 3 years after the 
                date of enactment of this title, the Administrator of 
                the Agency for Toxic Substances and Disease Registry 
                shall prepare a scientifically peer-reviewed 
                toxicological profile of each hazardous substance 
                listed pursuant to paragraph (1).
                    ``(B) Method of determination.--In preparing a 
                toxicological profile under subparagraph (A), the 
                Administrator of the Agency for Toxic Substances and 
                Disease Registry shall follow each guideline 
                requirement described in paragraph (2).
                    ``(C) Revision of profiles.--Not later than 5 years 
                after the date of completion of each toxicological 
                profile under subparagraph (A), and every 5 years 
                thereafter, the Administrator of the Agency for Toxic 
                Substances and Disease Registry shall review and revise 
                the profile.
    ``(b) Revision of Public Health and Environmental Standards.--
            ``(1) In general.--The Administrator or the Secretary of 
        Health and Human Services (referred to in this subsection as 
        the Secretary) shall review and revise, as necessary, each 
        environmental and public health regulation, risk assessment 
        policy and procedure, and guidance document issued or used 
        under this Act to determine whether each environmental and 
        public health regulation, risk assessment policy and procedure, 
        and guidance document considers and fully protects the health 
        of fetuses and children.
            ``(2) Review.--In carrying out a review or revision under 
        paragraph (1), not later than 1 year after the date of 
        enactment of this title, the Administrator, in cooperation with 
        the Secretary, shall--
                    ``(A) develop an administrative process for 
                reviewing regulations, risk assessment policies and 
                procedures, and guidance documents;
                    ``(B) develop a peer-reviewed list that--
                            ``(i) contains regulations, risk assessment 
                        policies and procedures, and guidance documents 
                        that require revision; and
                            ``(ii) is prioritized based on the degree 
                        of risk posed to the health of fetuses and 
                        children; and
                    ``(C) identify--
                            ``(i) through peer review, which 
                        regulations, risk assessment policies and 
                        procedures, and guidance documents on the list 
                        described in subparagraph (B) will require 
                        additional research to be revised; and
                            ``(ii) the quantity of time and resources 
                        required to carry out the necessary research 
                        under clause (i).
            ``(3) Revision.--
                    ``(A) In general.--Not later than 3 years after the 
                date of enactment of this title, the Administrator 
                shall propose revised versions of each regulation, risk 
                assessment policy and procedure, or guidance document 
                that--
                            ``(i) was identified under paragraph 
                        (2)(B); but
                            ``(ii) was not identified under paragraph 
                        (2)(C).
                    ``(B) Revision of regulations, policies and 
                procedures, and documents not requiring additional 
                research.--Not later than 5 years after the date of 
                developing a proposal of revised versions of 
                regulations, risk assessment policies and procedures, 
                and guidance documents under subparagraph (A), the 
                Administrator shall issue final versions of each 
                regulation, policy and procedure, and guidance document 
                proposed under that subparagraph.
                    ``(C) Review of regulations, policies and 
                procedures, and documents.--Not later than 6 years 
                after the date of enactment of this title, the 
                Administrator shall review each regulation, policy and 
                procedure, and document described in paragraph (2)(A) 
                and revised under this subsection.
            ``(4) Effective date.--Notwithstanding any other provision 
        of law, if the Administrator or the Secretary revises any 
        regulation, risk assessment policy or procedure, or guidance 
        document identified under paragraph (2)(B), the effective date 
        of that revision shall be not later than 1 year after the date 
        of issuance of that revision.
            ``(5) Report.--Not later than 2 years after the date of 
        enactment of this title, and every 2 years thereafter, the 
        Administrator shall submit to Congress a report describing the 
        progress made in carrying out this subsection.
    ``(c) Consideration of Children's Health in Health Assessments.--In 
conducting a health assessment at a facility, the Administrator of the 
Agency for Toxic Substances and Disease Registry shall, at a minimum--
            ``(1) consider the potential risk to the health of fetuses 
        and children posed by the facility (including any long-term, 
        synergistic, or cumulative health effect);
            ``(2) consider the existence of any potential exposure 
        pathway that is of particular concern with respect to fetuses 
        and children; and
            ``(3) include a comparison between--
                    ``(A) the expected exposure levels for children 
                posed by a release of an environmental pollutant from 
                the facility; and
                    ``(B) any recommended child-specific exposure or 
                tolerance levels.
    ``(d) Children's Environmental Health Research.--
            ``(1) In general.--The Administrator of the Agency Toxic 
        Substances and Disease Registery shall incorporate each 
        environmental health concern relating to fetuses and children 
        into each health study and research program conducted pursuant 
        to sections 104(i) (5) and (7) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9604(i) (5) and (7)), and any other health research 
        initiative conducted pursuant to this Act--
                    ``(A) to address any priority data need identified 
                in each toxicological profile prepared pursuant to 
                subsection (a)(3); and
                    ``(B) to obtain additional information relating to 
                the health effects of hazardous substances on fetuses 
                and children.
            ``(2) Guidelines.--Not later than 1 year after the date of 
        enactment of this title, the Administrator of the Agency for 
        Toxic Substances and Disease Registry, in cooperation with the 
        Administrator, the Centers for Disease Control and Prevention, 
        the Director of the National Institute of Environmental Health 
        Sciences, and the Director of the Indian Health Service, shall 
        develop guidelines for addressing issues relating to the health 
        of fetuses and children in health studies and research 
        programs, including each study and program conducted by--
                    ``(A) the Agency for Toxic Substances and Disease 
                Registry;
                    ``(B) other Federal agencies;
                    ``(C) State departments of public health; and
                    ``(D) university-based investigators.
            ``(3) Child-specific health studies.--Not later than 1 year 
        after the date of enactment of this title, the Administrator of 
        the Agency for Toxic Substances and Disease Registry, in 
        cooperation with the Administrator, the Centers for Disease 
        Control and Prevention, the Director of the National Institute 
        of Environmental Health Sciences, and the Director of the 
        Indian Health Service shall develop criteria for determining 
        the timing and types of child-specific health studies that 
        shall be conducted based on the results of a health assessment 
        under subsection (c).
            ``(4) Costs.--It is the sense of Congress that the cost of 
        any research program under this subsection should be paid by 
        the manufacturer and processor of each hazardous substance that 
        is a subject of the research in accordance with regulations 
        promulgated under section 104(i)(5)(D) of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9604(i)(3)(D)).
    ``(e) National Children's Exposure Registry.--Not later than 2 
years after the date of enactment of this title, the Administrator of 
the Agency for Toxic Substances and Disease Registry, in cooperation 
with the States, shall establish and maintain an exposure registry for 
all children exposed to hazardous substances as the result of a release 
at a facility listed on the National Priorities List developed by the 
President in accordance with section 105(a)(8)(B) of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9605(a)(8)(B)), in any case in which the Agency for Toxic 
Substances and Disease Registry determines that levels of exposure are 
significant with respect to the health of children.
    ``(f) Children's Environmental Health Education Program.--Not later 
than 3 years after the date of enactment of this title, the 
Administrator of the Agency for Toxic Substances and Disease Registry, 
in cooperation with the Administrator, the Centers for Disease Control 
and Prevention, the Director of the National Institute of Environmental 
Health Sciences, and the Director of the Indian Health Service, shall--
            ``(1) assemble, develop as necessary, and distribute to 
        State health departments, tribal health officials, waste site 
        information offices, school districts, health clinics, medical 
        colleges, and, upon request, to physicians and other health 
        professionals, appropriate educational materials (including 
        short courses) relating to the medical surveillance, screening, 
        and methods of diagnosis and treatment of injury or disease 
        relating to exposure to hazardous substances that are of 
        particular concern to fetuses and children;
            ``(2) wherever health services are being provided pursuant 
        to section 104(i)(15)(C) of the Comprehensive Environmental 
        Response, Compensation, and Liability Act of 1980 (42 U.S.C. 
        9604(i)(15)(C)), develop and carry out a children's 
        environmental health care training program for health care 
        providers serving communities affected by the release of 
        hazardous substances (including training in techniques for 
        assessing exposure of children to hazardous substances and 
        methods of diagnosis and treatment of injury or disease 
        relating to exposure to hazardous substances that are of 
        particular concern to fetuses and children) and primary 
        prevention; and
            ``(3) develop and distribute to State health departments, 
        tribal health officials, waste site information offices, school 
        districts, health clinics, and, upon request, to medical 
        colleges, physicians, and other health professionals, a family 
        right-to-know information kit that includes helpful information 
        and guidance to families relating to the environmental health 
        of children, including--
                    ``(A) information relating to the potential health 
                effects of exposure to hazardous substances;
                    ``(B) practical suggestions on the means by which 
                parents may reduce the potential exposure of their 
                children to hazardous substances;
                    ``(C) the rights of families living in affected 
                communities to receive health services under section 
                104(i)(15)(C) of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 (42 
                U.S.C. 9604(i)(15)(C));
                    ``(D) the means by which families may obtain 
                additional information relating to the environmental 
                health of children; and
                    ``(E) other relevant information, as determined by 
                the Administrator.
    ``(g) Pediatric Peer Review.--
            ``(1) In general.--The Administrator of the Agency for 
        Toxic Substances and Disease Registry and the Administrator 
        shall adopt or report each list, profile, study, or result of 
        any research conducted under this section only after 
        appropriate peer review (including review by pediatricians and 
        environmental health specialists) of the list, profile, study, 
        or result of any research conducted under this section has 
        occurred.
            ``(2) Review panels.--
                    ``(A) In general.--To facilitate the conduct of 
                peer review described in paragraph (1), the 
                Administrator of the Agency for Toxic Substances and 
                Disease Registry and the Administrator may establish a 
                review panel composed of not less than 3 members, as 
                the Administrator of the Agency for Toxic Substances 
                and Disease Registry and the Administrator determine to 
                be appropriate.
                    ``(B) Membership.--The Administrator of the Agency 
                for Toxic Substances and Disease Registry and the 
                Administrator shall ensure that members appointed to a 
                review panel under subparagraph (A) demonstrate--
                            ``(i) scientific expertise, knowledge, and 
                        experience relevant to the subject of the 
                        review;
                            ``(ii) scientific credibility and 
                        impartiality; and
                            ``(iii) an absence of any conflict of 
                        interest or institutional relationship with any 
                        person involved--
                                    ``(I) in the conduct of the study 
                                or research under review; and
                                    ``(II) with the manufacture, 
                                processing, marketing, or distribution 
                                of the hazardous substance, pollutant, 
                                or contaminant under investigation.

``SEC. 502. AUTHORIZATION OF APPROPRIATIONS.

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

        TITLE III--AWARENESS OF ENVIRONMENTAL RISKS TO CHILDREN

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Children's Environmental 
Protection and Right to Know Act''.

SEC. 302. FINDING.

    Congress finds that requirements to disclose information about 
environmental risks will improve health and safety by--
            (1) prompting persons causing those risks to reduce the 
        risks; and
            (2) enabling individuals to take actions to protect 
        themselves from those risks.

     Subtitle A--Disclosure of Industrial Releases That Present a 
                      Significant Risk to Children

SEC. 311. REPORTING REQUIREMENTS.

    (a) In General.--Section 313(f) of the Emergency Planning and 
Community Right-To-Know Act of 1986 (42 U.S.C. 11023(f)) is amended by 
striking paragraph (1) and inserting the following:
            ``(1) In general.--
                    ``(A) Toxic chemical threshold quantity.--The 
                threshold quantities for purposes of reporting toxic 
                chemicals under this section are as follows:
                            ``(i) Toxic chemicals used at facilities.--
                        The threshold quantity of a toxic chemical used 
                        at a facility shall be 10,000 pounds of the 
                        toxic chemical per year.
                            ``(ii) Manufactured or processed toxic 
                        chemicals.--The threshold quantity of a toxic 
                        chemical manufactured or processed at a 
                        facility shall be--
                                    ``(I) 75,000 pounds of a toxic 
                                chemical per year, for any toxic 
                                chemical for which a toxic chemical 
                                release form is required to be 
                                submitted under this section on or 
                                before July 1, 1988;
                                    ``(II) 50,000 pounds of a toxic 
                                chemical per year, for any toxic 
                                chemical for which a toxic chemical 
                                release form is required to be 
                                submitted during the period beginning 
                                July 2, 1988, and ending July 1, 1989; 
                                and
                                    ``(III) 25,000 pounds of a toxic 
                                chemical per year, for any toxic 
                                chemical for which any toxic release 
                                form is required to be submitted on or 
                                after July 2, 1989.
                    ``(B) Toxic chemicals released from facilities.--
                            ``(i) Toxic chemical threshold program.--
                                    ``(I) Establishment.--Not later 
                                than 2 years after the date of 
                                enactment of the Children's 
                                Environmental Protection and Right to 
                                Know Act, subject to clause (ii) and in 
                                addition to the reporting thresholds 
                                for the toxic chemicals specified in 
                                subclause (II), the Administrator shall 
                                establish a reporting threshold for 
                                each toxic chemical that the 
                                Administrator determines may present a 
                                significant risk to children's health 
                                or the environment due to, as 
                                determined by--
                                            ``(aa) the persistent use 
                                        or existence of the toxic 
                                        chemical in the environment;
                                            ``(bb) the potential of the 
                                        toxic chemical to bioaccumulate 
                                        or disrupt endocrine systems; 
                                        or
                                            ``(cc) other 
                                        characteristics of the toxic 
                                        chemical.
                                    ``(II) Toxic chemicals included.--
                                The Administrator shall establish a 
                                reporting threshold under subclause (I) 
                                for--
                                            ``(aa) lead;
                                            ``(bb) mercury;
                                            ``(cc) dioxin;
                                            ``(dd) cadmium;
                                            ``(ee) chromium; and
                                            ``(ff) each substance 
                                        identified as a bioaccumulative 
                                        chemical of concern in the 
                                        final rule promulgated by the 
                                        Administrator entitled `Water 
                                        Quality Guidance for the Great 
                                        Lakes System, Part III' (60 
                                        Fed. Reg. 15336 (March 23, 
                                        1995)).
                            ``(ii) Threshold quantity.--The 
                        Administrator shall establish by regulation 
                        each threshold quantity for a toxic chemical 
                        described in clause (i) at a level that, as 
                        determined by the Administrator, will ensure 
                        reporting of at least 80 percent of the 
                        aggregate of all releases of the toxic chemical 
                        from facilities that--
                                    ``(I) have 10 or more full-time 
                                employees; and
                                    ``(II) are designated with any of 
                                Standard Industrial Classification 
                                Codes 20 through 39 or any of the 
                                Standard Industrial Classification 
                                Codes added under subsection 
                                (b)(1)(B).''.
    (b) Conforming Amendments.--
            (1) Section 313 of the Emergency Planning and Community 
        Right-To-Know Act of 1986 (42 U.S.C. 11023) is amended--
                    (A) in subsections (a) and (b)(1)(A), by striking 
                ``or otherwise used'' each place it appears and 
                inserting ``otherwise used, or released'';
                    (B) in subsection (c)--
                            (i) by striking ``are those chemicals'' and 
                        inserting the following: ``are--
            ``(1) those chemicals;'';
                            (ii) by striking the period at the end and 
                        inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(2) dioxin and each other substance identified as a 
        bioaccumulative chemical of concern in the final rule 
        promulgated by the Administrator entitled `Water Quality 
        Guidance for the Great Lakes System, Part III' (60 Fed. Reg. 
        15336 (March 23, 1995)).''; and
                    (C) in the first sentence of subsection (f)(2), by 
                striking ``paragraph (1)'' and inserting ``subparagraph 
                (A) or (B) of paragraph (1)''.
            (2) Section 326(a)(1)(B) of the Emergency Planning and 
        Community Right-To-Know Act of 1986 (42 U.S.C. 11046(a)(1)(B)) 
        is amended by adding at the end the following:
                            ``(vii) Establish reporting thresholds for 
                        chemicals referred to in section 
                        313(f)(1)(C).''.

  Subtitle B--Disclosure of High Health Risk Chemicals in Children's 
                           Consumer Products

SEC. 321. LIST OF TOXIC CHEMICALS.

    (a) Definition of Eligible Product.--Section 2 of the Federal 
Hazardous Substances Act (15 U.S.C. 1261) is amended by adding at the 
end the following:
    ``(u) Eligible Product.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        term `eligible product' means any toy or other article intended 
        for use by children.
            ``(2) Exception.--On and after the date that is 3 years 
        after the date of enactment of this subsection, the term 
        `eligible product' means any consumer product (as defined in 
        section 3 of the Consumer Product Safety Act (15 U.S.C. 
        2052)).''.
    (b) List of Toxic Chemicals.--Section 3 of the Federal Hazardous 
Substances Act (15 U.S.C. 1262) is amended by adding at the end the 
following:
    ``(k) List of Toxic Chemicals.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Administrator.--The term `Administrator' 
                means the Administrator of the Environmental Protection 
                Agency.
                    ``(B) Chairman.--The term `Chairman' means the 
                Chairman of the Consumer Product Safety Commission.
            ``(2) List.--Not later than 1 year after the date of 
        enactment of this subsection, the Administrator, acting jointly 
        with the Chairman, shall publish in the Federal Register a list 
        of substances or mixtures of substances that have been 
        determined by the Administrator and the Chairman to be toxic to 
        children due to their carcinogenic, neurotoxic, or reproductive 
        toxic effects.
            ``(3) Substances and information to be included.--The list 
        under that paragraph shall include--
                    ``(A)(i) any chemical that has been identified by a 
                Federal agency as being a carcinogen, neurotoxin, or 
                reproductive toxin;
                    ``(ii) each chemical identified as a Group A or 
                Group B carcinogen in the notice published by the 
                Administrator entitled `Regulation of Pesticides in 
                Food: Addressing the Delaney Paradox Policy Statement' 
                (53 Fed. Reg. 41118 (October 19, 1988));
                    ``(iii) each chemical that adversely affects the 
                nervous system of children, as identified in criteria 
                documents of the National Institute for Occupational 
                Safety and Health;
                    ``(iv) each chemical identified by the Consumer 
                Product Safety Commission as having sufficient evidence 
                to demonstrate--
                            ``(I) carcinogenicity in humans or animals;
                            ``(II) neurotoxicity in humans or animals;
                            ``(III) human developmental toxicity; or
                            ``(IV) male or female reproductive toxicity 
                        in humans or animals;
                    ``(v) each chemical regulated as a neurotoxin, 
                reproductive toxin, or developmental toxin by the 
                Administrator; and
                    ``(vi) each chemical on the Biennial List of 
                Carcinogens submitted to Congress by the Secretary of 
                Health and Human Services; and
            ``(B) such reasonably available information on adverse 
        health effects of any substance or mixture of substances as was 
        used to determine whether to include the substance or mixture 
        on the list required under paragraph (2).
            ``(4) Data.--In carrying out paragraph (3), the Secretary 
        and the Chairman shall require manufacturers and importers of 
        substances and mixtures of substances on the list required 
        under paragraph (2) to generate, and shall obtain from any 
        Federal, State, or local government, such data as are 
        sufficient to identify substances or mixtures of substances--
                    ``(A) that are toxic within the meaning of 
                paragraph (2); and
                    ``(B) to which infants and young children are 
                exposed.
    ``(l) Chemical Testing and Risk Assessment.--As soon as practicable 
after the date of enactment of this subsection, the Administrator of 
the Environmental Protection Agency, in consultation with experts in 
pediatric toxicology and exposure, shall develop and implement new 
short-term and long-term strategies for more comprehensive chemical 
testing and risk assessment to ensure that risks of exposure to 
children (including exposure to children in utero) are, to the maximum 
extent practicable, fully understood.''.

SEC. 322. REPORTING OF TOXIC CHEMICALS IN CONSUMER PRODUCTS.

    (a) Reporting.--The Federal Hazardous Substances Act (15 U.S.C. 
1261 et seq.) is amended by adding at the end the following:

``SEC. 25. REPORTING OF TOXIC CHEMICALS.

    ``(a) In General.--A manufacturer or importer of any eligible 
product that contains, or is composed of, a substance or mixture of 
substances listed under section 3(k) shall submit to the Commission a 
report that describes each of the following:
            ``(1) The identity of the manufacturer or importer of the 
        eligible product.
            ``(2) A description of the eligible product (including any 
        model name and model number of the eligible product).
            ``(3) The identity of the substance or mixture of 
        substances listed under section 3(k) (including the 
        concentration of the substance or mixture in the eligible 
        product).
            ``(4) Any information known to the manufacturer or importer 
        that would support a determination that the eligible product is 
        not a misbranded hazardous substance or a banned hazardous 
        substance.
            ``(5) Such data as are generated by the manufacturer or 
        importer as are sufficient to identify any substances or 
        mixtures of substances manufactured or imported that are toxic 
        to children, as described in section 3(k)(2).
    ``(b) Publication.--The Commission shall annually publish in the 
Federal Register, and make available to the public in an electronic 
format, the information submitted under subsection (a).
    ``(c) Regulations.--The Commission shall promulgate such 
regulations as necessary to carry out this section.
    ``(d) Application of Section.--Subsection (a) shall apply to a 
substance or mixture of substances listed under section 3(k) beginning 
on the date that is 1 year after the date on which the substance or 
mixture of substances is listed under that section.''.
    (b) Prohibited Acts.--
            (1) In general.--Section 4 of the Federal Hazardous 
        Substances Act (15 U.S.C. 1263) is amended by adding at the end 
        the following:
    ``(l) The failure to report as required under section 25.''.
            (2) Conforming amendment.--Section 5(c)(1) of the Federal 
        Hazardous Substances Act (15 U.S.C. 1264(c)(1)) is amended in 
        the second sentence by striking ``and (k)'' and inserting 
        ``(k), and (l)''.

SEC. 323. EXEMPTIONS.

    (a) In General.--Section 3(c) of the Federal Hazardous Substances 
Act (15 U.S.C. 1262(c)) is amended--
            (1) by striking ``(c) If the Commission finds'' and 
        inserting the following:
    ``(c) Exemption From Requirements by Regulation.--
            ``(1) In general.--If the Commission determines''; and
            (2) by adding at the end the following:
            ``(2) Additional regulations.--In addition to regulations 
        promulgated under paragraph (1), the Commission may promulgate 
        regulations exempting from the reporting requirements of 
        section 25 any substance or mixture of substances.
            ``(3) Applicability.--This subsection shall not apply to 
        any substance or mixture of substances unless the Commission 
        determines that the substance or mixture would not, by reason 
        of containing a substance or mixture of substances listed under 
        section 3(k), cause substantial personal injury or substantial 
        illness during, or as a proximate result of, any customary or 
        reasonably foreseeable handling or use (including reasonably 
        foreseeable ingestion by children).''.
    (b) Conforming Amendment.--Section 3(d) of the Federal Hazardous 
Substances Act (15 U.S.C. 1262(d)) is amended by striking ``adequate 
requirements satisfying the purposes of'' and inserting ``requirements 
at least as stringent as''.

SEC. 324. PRIVATE CITIZEN ENFORCEMENT.

    The Federal Hazardous Substances Act (15 U.S.C. 1261 et seq.) (as 
amended by section 322(a)) is amended by adding at the end the 
following:

``SEC. 26. PRIVATE CITIZEN ENFORCEMENT.

    ``(a) In General.--Subject to subsection (c), any person other than 
the Commission may bring a civil action in United States district 
court--
            ``(1) against any person, for violation of subsection (a), 
        (b), or (l) of section 4; or
            ``(2) against the Commission, for a failure of the 
        Commission to perform any nondiscretionary act or duty under 
        the amendments made by the Children's Environmental Protection 
        and Right to Know Act.
    ``(b) Jurisdiction.--In the case of a civil action under subsection 
(a)--
            ``(1) the United States district courts shall have 
        jurisdiction over the civil action without regard to the amount 
        in controversy or the citizenship of the parties; and
            ``(2) the court may apply any appropriate civil penalties 
        under section 5 or order the Commission to perform any 
        nondiscretionary act or duty that the Commission failed to 
        perform.
    ``(c) Actions Prohibited.--No action may be commenced under this 
section unless--
            ``(1) not later than 60 days before the date on which the 
        action is filed, the plaintiff gives notice of the intent to 
        bring the action--
                    ``(A) to the Commission; and
                    ``(B) in the case of an action for a violation of 
                section 4, to the person that is alleged to have 
                violated that section; and
            ``(2) in the case of an action for a violation of section 
        4, the Commission has not commenced and is not diligently 
        pursuing a civil action on behalf of the United States.
    ``(d) Intervention.--In any action on behalf of the United States 
following receipt of a notice under subsection (d)(1), the person 
providing the notice may intervene as of right as a plaintiff in the 
action.
    ``(e) Costs.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        costs of litigation (including reasonable attorney fees) may be 
        awarded to--
                    ``(A) in any civil action under sebsection (a), any 
                substantially prevailing plaintiff; and
                    ``(B) in any action under subsection (c), the party 
                intervening under subsection (a) or (c), if that party 
                contributed significantly to the success of the 
                plaintiff.
            ``(2) Waiver.--The award of costs under paragraph (1) may 
        be fully or partially waived by a court if the court finds such 
        an award to be inappropriate under the circumstances.
    ``(f) Burden of Proof.--In any action under subsection (a)(1), if 
the person alleged to have violated section 4 asserts that a substance 
or mixture of substances is not a hazardous substance by reason of 
containing a substance or mixture of substances listed under section 
3(k), the burden of proof shall be the alleged violator to establish 
that the substance or mixture of substances is not a hazardous 
substance.
    ``(g) Penalty Fund.--
            ``(1) Establishment.--There is established in the Treasury 
        of the United States a fund to be used in carrying out this 
        section (referred to in this section as the `Fund').
            ``(2) Deposit of assessed penalties.--A penalty assessed as 
        a result of a civil action under subsection (a) shall be 
        deposited in the Fund.
            ``(3) Use of funds.--On request by the Commission, the 
        Secretary of the Treasury shall transfer from the Fund to the 
        Commission such amounts as the Commission determines are 
        necessary to finance compliance and enforcement activities 
        under this Act.
            ``(4) Availability.--Amounts in the Fund shall remain 
        available for use by the Commission until expended, without 
        further appropriation.
            ``(5) Reports.--The Commission shall submit to Congress an 
        annual report that describes--
                    ``(A) any funds deposited into the Fund during the 
                year for which the report is submitted (including the 
                sources of those funds); and
                    ``(B) the actual and proposed uses of the funds.
    ``(h) Other Projects.--Notwithstanding subsection (g), in lieu of 
being deposited in the Fund, any civil penalty assessed may, at the 
option of the court (after consultation with the Commission), be used 
to fund projects of the Commission that are--
            ``(1) consistent with this Act; and
            ``(2) designed to enhance public awareness of--
                    ``(A) the health effects of toxic substances or 
                mixtures of toxic substances in eligible products; and
                    ``(B) the potential for exposure of children to 
                toxic substances or mixtures of toxic substances in 
                eligible products.''.

          TITLE IV--ENVIRONMENTAL CONTAMINANT TESTING PROGRAM

SEC. 401. DEFINITIONS.

    In this title:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (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) Eligible state.--The term ``Eligible State'' means a 
        State that has enacted a law (including a regulation) that--
                    (A) requires--
                            (i) the State to conduct a test to 
                        determine the presence of any environmental 
                        pollutant on the property of--
                                    (I) a proposed school; and
                                    (II) a school that--
                                            (aa) is in existence on the 
                                        date of enactment of this Act; 
                                        and
                                            (bb) proposes to expand any 
                                        facility of that school;
                            (ii) each applicant for a day care center 
                        license in that State to conduct a test to 
                        determine the presence of any environmental 
                        pollutant on the property of the proposed day 
                        care center of the applicant; and
                            (iii) the State to inform the parents of 
                        each child of a school or day care center of 
                        the State of the detection of the presence of 
                        any environmental pollutant on the property of 
                        that school or day care center; and
                    (B) is approved by the Administrator.
            (4) Environmental pollutant.--The term ``environmental 
        pollutant'' means--
                    (A) a hazardous substance (as defined in section 
                101 of the Comprehensive Environmental Response, 
                Compensation, and Liability Act of 1980 (42 U.S.C. 
                9601));
                    (B) a contaminant subject to regulation under the 
                Safe Drinking Water Act (42 U.S.C. 300f et seq.);
                    (C) an air pollutant subject to regulation under 
                the Clean Air Act (42 U.S.C. 7401 et seq.);
                    (D) a water pollutant subject to regulation under 
                the Federal Water Pollution Control Act (33 U.S.C. 1251 
                et seq.); and
                    (E) a pesticide subject to regulation under the 
                Federal Insecticide, Fungicide, and Rodenticide Act (7 
                U.S.C. 136 et seq.).
            (5) School.--The term ``school'' means--
                    (A) an elementary school (as defined in section 
                14101 of the Elementary and Secondary Education Act of 
                1965 (20 U.S.C. 8801));
                    (B) a secondary school (as defined in section 14101 
                of that Act);
                    (C) a kindergarten; and
                    (D) a nursery school that is public or receives 
                Federal funding.
            (6) Secretary.--The term ``Secretary'' means the Secretary 
        of Education.

SEC. 402. BLOCK GRANTS.

    (a) Establishment.--The Administrator, in collaboration with the 
Secretary, shall establish in the Environmental Protection Agency a 
program under which the Administrator shall provide block grants to 
Eligible States to carry out authorized activities.
    (b) Applications.--
            (1) In general.--To receive a block grant under this 
        section, an Eligible State shall submit to the Secretary an 
        application at such time, in such a manner, and containing such 
        information as the Secretary may require.
            (2) Contents.--Each application submitted pursuant to 
        paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this title is sought; and
                    (B) provide evidence that the applicant--
                            (i) is an Eligible State;
                            (ii) has developed a prioritized list of 
                        each school and day care center of the Eligible 
                        State that is based on the probability that an 
                        environmental pollutant is present on the 
                        property of each school or day care center 
                        included on the list; and
                            (iii) shall apply funds from any payment 
                        received under this title for any fiscal year 
                        in accordance with the prioritized list 
                        described in clause (ii).
    (c) Authorized Activities.--An Eligible State may use any payment 
received under this title for any fiscal year for use in--
            (1) administrating each law (including a regulation) that 
        requires the testing of sites for proposed schools and day care 
        centers of the Eligible State to test for the presence of any 
        environmental pollutant;
            (2) paying for, or providing a grant to any school or day 
        care center of the Eligible State to pay for, any test 
        conducted to determine the presence of any environmental 
        pollutant on the property of that school or day care center; 
        and
            (3) removing any environmental pollutant on the property of 
        any school or day care center of the Eligible State.
    (d) Regulations.--Not later than 1 year after the date of enactment 
of this Act, the Administrator, in collaboration with the Secretary, 
shall promulgate regulations that shall provide guidance to Eligible 
States for use in complying with the grant program established under 
subsection (a).

SEC. 403. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated such sums as are necessary 
to carry out this title.
                                 <all>