[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3502 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3502

    To provide for the establishment of a task force to address the 
environmental health and safety risks posed to children, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 16, 2008

 Mrs. Clinton introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
    To provide for the establishment of a task force to address the 
environmental health and safety risks posed 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 Health and 
Safety Risk Reduction Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) a growing body of scientific knowledge demonstrates 
        that children may suffer disproportionately from environmental 
        health risks and safety risks;
            (2) those risks arise because--
                    (A) the neurological, immunological, digestive, and 
                other bodily systems of children are still developing;
                    (B) children eat more food, drink more fluids, and 
                breathe more air in proportion to their body weight 
                than adults;
                    (C) the size and weight of children may diminish 
                their protection from standard safety features; and
                    (D) the behavior patterns of children may make 
                children more susceptible to accidents because children 
                are less able to protect themselves; and
            (3) each Federal agency, to the extent permitted by law and 
        appropriate, and consistent with the mission of each Federal 
        agency, should--
                    (A) place a high priority on the identification and 
                assessment of environmental health risks and safety 
                risks that may disproportionately affect children;
                    (B) ensure that the policies, programs, activities, 
                and standards of the Federal agency address 
                disproportionate risks to children that result from 
                environmental health risks or safety risks; and
                    (C) participate in the implementation of, and 
                comply with, this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Covered regulatory action.--The term ``covered 
        regulatory action'' means any substantive action in a 
        rulemaking that is initiated after the date of enactment of 
        this Act or for which a notice of proposed rulemaking is 
        published not later than 1 year after the date of enactment of 
        this Act, that is likely to result in a regulation that may 
        concern an environmental health risk or safety risk that an 
        agency has reason to believe may disproportionately affect 
        children.
            (2) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (3) Environmental health and safety risk.--
                    (A) In general.--The term ``environmental health 
                and safety risk'' means a risk to the health or safety 
                of a child that is posed by or otherwise attributable 
                to a product or substance--
                            (i) that the child is likely to ingest; or
                            (ii) to which the child may otherwise be 
                        exposed.
                    (B) Inclusions.--The term ``environmental health 
                and safety risk'' includes a risk that is posed by or 
                otherwise attributable to--
                            (i) air that is inhaled by, or that 
                        otherwise comes into contact with, a child;
                            (ii) food;
                            (iii) water used by a child for drinking or 
                        recreation;
                            (iv) soil; and
                            (v) any product used by a child or with 
                        which a child has contact.
            (4) Federal agency.--
                    (A) In general.--The term ``Federal agency'' means 
                any agency or authority of the United States that is 
                considered to be an agency under section 3502(1) of 
                title 44, United States Code.
                    (B) Exclusions.--The term ``Federal agency'' does 
                not include--
                            (i) any independent regulatory agency 
                        described in section 3502(5) of title 44, 
                        United States Code (other than the Consumer 
                        Product Safety Commission); or
                            (ii) any military department (as defined in 
                        section 102 of title 5, United States Code).
            (5) Forum.--The term ``Forum'' means the Forum on Child and 
        Family Statistics convened under section 6(a).
            (6) Task force.--The term ``Task Force'' means the Task 
        Force on Environmental Health and Safety Risks to Children 
        established by section 4(a).

SEC. 4. TASK FORCE ON ENVIRONMENTAL HEALTH RISKS AND SAFETY RISKS TO 
              CHILDREN.

    (a) Establishment.--There is established in the Executive branch a 
task force to be known as the ``Task Force on Environmental Health and 
Safety Risks to Children''.
    (b) Authority.--The Task Force shall report to the President, in 
consultation with--
            (1) the Domestic Policy Council;
            (2) the National Science and Technology Council;
            (3) the Council on Environmental Quality; and
            (4) the Office of Management and Budget.
    (c) Membership.--The Task Force shall be composed of--
            (1) the Secretary of Health and Human Services, who shall 
        serve as Co-Chairperson of the Task Force;
            (2) the Administrator of the Environmental Protection 
        Agency, who shall serve as a Co-Chairperson of the Task Force;
            (3) the Secretary of Education;
            (4) the Secretary of Labor;
            (5) the Attorney General;
            (6) the Secretary of Energy;
            (7) the Secretary of Housing and Urban Development;
            (8) the Secretary of Agriculture;
            (9) the Secretary of Transportation;
            (10) the Secretary of Homeland Security;
            (11) the Director;
            (12) the Chairperson of the Council on Environmental 
        Quality;
            (13) the Chairperson of the Consumer Product Safety 
        Commission;
            (14) the Assistant to the President for Economic Policy;
            (15) the Assistant to the President for Domestic Policy;
            (16) the Assistant to the President for, and Director of 
        the Office of, Science and Technology Policy;
            (17) the Chairperson of the Council of Economic Advisers; 
        and
            (18) such other officials of Executive departments and 
        agencies as the President may, from time to time, designate.
    (d) Delegation.--A member of the Task Force may delegate the 
responsibilities of the member under this Act to 1 or more 
subordinates.
    (e) Duties.--The Task Force shall, after providing notice and an 
opportunity for public participation and comment--
            (1) recommend to the President Federal strategies for 
        children's environmental health and safety, including--
                    (A) statements of principles, general policy, and 
                targeted annual priorities to guide the Federal 
                approach to achieving the goals of this Act;
                    (B) a coordinated research agenda for the Federal 
                Government, including steps to implement the review of 
                research databases described in paragraph (2)(A);
                    (C) recommendations for appropriate partnerships 
                among the Federal Government, State, local, and tribal 
                governments, and the private, academic, and nonprofit 
                sectors;
                    (D) proposals to enhance public outreach and 
                communication to assist families in evaluating risks to 
                children and in making informed consumer choices;
                    (E) an identification of high-priority initiatives 
                that the Federal Government has undertaken or will 
                undertake in advancing the protection of children's 
                environmental health and safety; and
                    (F) a statement regarding the desirability of new 
                legislation to fulfill or promote the purposes of this 
                Act;
            (2) not later than 180 days after the date of enactment of 
        this Act, develop or direct to be developed--
                    (A) a review of existing and planned data 
                resources; and
                    (B) a proposed plan, which shall be reviewed by the 
                National Science and Technology Council--
                            (i) for use in ensuring that researchers 
                        and Federal research agencies have access to 
                        information on all research conducted or funded 
                        by the Federal Government that relates to 
                        adverse health risks in children resulting from 
                        exposure to environmental health and safety 
                        risks; and
                            (ii) that--
                                    (I) promotes the sharing of 
                                information on academic and private 
                                research; and
                                    (II) includes recommendations to 
                                encourage that such data, to the extent 
                                permitted by law, is available to the 
                                public, the scientific and academic 
                                communities, and all Federal agencies; 
                                and
            (3) submit to Congress and the President, make available to 
        the public, and provide to the Office of Science and Technology 
        Policy and the National Science and Technology Council for use 
        in establishing research priorities, a biennial report on 
        research, data, or other information that would enhance 
        understanding and analysis of, and response to, environmental 
        health and safety risks, including a description provided by 
        Federal agencies and other agencies identified by the Task 
        Force of key data needs relating to environmental health and 
        safety risks that have arisen in the course of carrying out 
        projects and activities of the agencies.

SEC. 5. FEDERAL AGENCY ENVIRONMENTAL HEALTH AND SAFETY RISK RULEMAKING.

    (a) In General.--Unless otherwise prohibited by law, for each 
covered regulatory action submitted to the Office of Management and 
Budget for review, the issuing Federal agency shall provide to that 
Office, as developed during the decisionmaking process of the issuing 
Federal agency--
            (1) an evaluation of the environmental health and safety 
        effects of the planned regulation; and
            (2) an explanation of why the planned regulation is 
        preferable to other potentially effective and reasonably 
        feasible alternatives considered by the issuing Federal agency.
    (b) Emergency Situations.--In an emergency situation, or if an 
issuing Federal agency is required to act more quickly than normal 
review procedures permit, the issuing Federal agency shall comply with 
this section to the maximum extent practicable.
    (c) Mandatory Deadlines.--For a regulatory action that is covered 
by a court-imposed or statutory deadline, the issuing Federal agency 
shall, to the maximum extent practicable, schedule any rulemaking 
proceedings so as to permit sufficient time for compliance with this 
section.
    (d) Form and Availability of Analysis.--The analysis required by 
this section--
            (1) may be included as part of any other required analysis; 
        and
            (2) shall be made part of the administrative record for the 
        applicable regulatory action or otherwise made available to the 
        public, to the extent permitted by law.

SEC. 6. INTERAGENCY FORUM ON CHILD AND FAMILY STATISTICS.

    (a) In General.--The Director shall convene an interagency forum, 
to be known as the ``Forum on Child and Family Statistics'', that 
includes representatives from the appropriate Federal statistics and 
research agencies.
    (b) Responsibilities.--The Forum shall--
            (1) not later than 1 year after the date of enactment of 
        this Act, and annually thereafter, publish and submit in 
        accordance with subsection (c) an annual report using the most 
        recent available data that describes the most important 
        indicators of the well-being of the children of the United 
        States;
            (2) determine the indicators to be included in each such 
        report, including an identification of the sources of data to 
        be used for each indicator;
            (3) provide an ongoing review of Federal collection and 
        dissemination of data on children and families; and
            (4) make recommendations to improve the coverage and 
        coordination of data collection and to reduce duplication and 
        overlap.
    (c) Publication and Submission.--Each report under subsection (b) 
shall be--
            (1) published by the Forum in collaboration with the 
        National Institute of Child Health and Human Development; and
            (2) submitted to the President (through the Director) and 
        Congress.

SEC. 7. ADMINISTRATION.

    (a) In General.--This Act applies only to the Executive branch.
    (b) Effect of Act.--This Act does not create or establish any 
substantive or procedural right, benefit, or trust responsibility, 
enforceable at law or equity, by a party against the United States 
(including any agency, officer, or employee of the United States).
    (c) Judicial Review.--This Act does not create or establish any 
right to judicial review involving the compliance or noncompliance with 
this Act by--
            (1) the United States (including any agency, officer, or 
        employee of the United States); or
            (2) any other person.
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