[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3873 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3873

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

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

_______________________________________________________________________

                                 A BILL


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

    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 
Protection 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 and safety risks 
                that may disproportionately affect children, including 
                where children live, learn, and play;
                    (B) ensure that the policies, programs, activities, 
                and standards of the Federal agency address 
                disproportionate risks to children that result from 
                environmental health or safety risks; and
                    (C) participate in the implementation of, and 
                comply with, this Act.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (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 an environmental risk to the 
                health or safety of a child that is posed by or 
                otherwise attributable to a 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 an environmental 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) water used by a child for drinking or 
                        recreation;
                            (iii) soil; and
                            (iv) chemicals and other substances with 
                        which a child may come into contact.
            (4) Federal agency.--The term ``Federal agency'' means--
                    (A) any department, agency, or other 
                instrumentality of the Federal Government;
                    (B) any independent agency or establishment of the 
                Federal Government (including any Government 
                corporation); and
                    (C) the Government Printing Office.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Health and Human Services.
            (6) Task force.--The term ``Task Force'' means the Task 
        Force to Address Environmental Health and Safety Risks to 
        Children established by section 4(a).

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

    (a) Establishment.--The Administrator, in consultation with the 
Secretary, shall establish a task force to be known as the ``Task Force 
to Address 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 Administrator of the Environmental Protection 
        Agency, who shall serve as a Co-Chairperson of the Task Force;
            (2) the Secretary of Health and Human Services, who shall 
        serve as 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 Federal agencies as the 
        Administrator and the Secretary 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 Administrator, in consultation with the Secretary 
as a co-chair of the Task Force, shall, after providing notice and an 
opportunity for public participation and comment and, if determined to 
be appropriate by the Administrator and the Secretary, using a 
consensus-based approach--
            (1) recommend to the President Federal strategies to 
        improve children's environmental health and safety, including--
                    (A) statements of principles, general policy, and 
                targeted annual priorities to guide the Federal 
                approach to complying with 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 (including where children live, learn, and 
                play) 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;
                    (F) a statement regarding the desirability of new 
                legislation to advance the protection of children's 
                environmental health and safety; and
                    (G) other proposals to enhance the health and 
                safety protection of children by Federal and State 
                governments and by communities and families;
            (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 
                Administrator and the Secretary, and other Federal 
                agencies as the Administrator and the Secretary 
                consider appropriate, and which shall be made available 
                for public comment for a period of not less than 30 
                days--
                            (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 (including the Committee on 
        Environment and Public Works of the Senate and the Committee on 
        Energy and Commerce of the House of Representatives) 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) 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 Federal agencies; and
                    (B) a description of the accomplishments of the 
                Task Force.

SEC. 5. 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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