II 110th CONGRESS 2d Session S. 3502 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.

1.

Short title

This Act may be cited as the Children's Environmental Health and Safety Risk Reduction Act.

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.

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).

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.

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.

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.

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.