[Congressional Record Volume 143, Number 45 (Wednesday, April 16, 1997)]
[Senate]
[Pages S3290-S3292]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER (for herself and Mr. Lautenberg):
  S. 599. A bill to protect children and other vulnerable 
subpopulations from exposure to certain environmental pollutants, and 
for other purposes; to the Committee on Environment and Public Works.


          THE CHILDREN'S ENVIRONMENTAL PROTECTION ACT OF 1997

  Mrs. BOXER. Mr. President, today I introduce the Children's 
Environmental Protection Act [CEPA]. This legislation will help protect 
our children from the harmful effects of environmental pollutants. The 
Children's Environmental Protection Act will do three things:
  First, it will require that all EPA standards be set at levels that 
protect children, and other vulnerable groups, including the elderly, 
pregnant women, people with serious health problems, and others.
  Second, it will create a list of EPA-recommended safer-for-children 
products and chemicals that minimize potential risks to children. 
Within 1 year, only these products could be used at Federal facilities. 
CEPA will also require the EPA to create a family right-to-know 
information kit that includes practical suggestions on how parents may 
reduce their children's exposure to environmental pollutants.
  For example, newborns and infants frequently spend long periods of 
time on the floor, carpet, or grass, surfaces that are associated with 
chemicals such as formaldehyde and volatile organic compounds from 
synthetic carpets and indoor and outdoor pesticide applications. EPA 
might suggest safer-for-children carpeting, floor cleaning products, 
and garden pesticides.
  Finally, the bill will require EPA to conduct research on the health 
effects of exposure of children to environmental pollutants.
  Our children face unique environmental threats to their health 
because they are more vulnerable to exposure to toxic chemicals than 
adults. We must educate ourselves about environmental pollutants, and 
we must improve our scientific understanding about how exposure might 
affect our children's health.
  We took an important step in this direction when the Safe Drinking 
Water Act was passed last year. The new law includes two amendments I 
supported and worked to enact. The first requires that safe drinking 
water standards be set at levels that protect children, the elderly, 
pregnant women, and other vulnerable groups. The second requires that 
the public receive information in the form of Consumer Confidence 
Reports about the quality and safety of their drinking water.
  The Children's Environmental Protection Act [CEPA] will carry the 
concept of my Safe Drinking Water Act amendments even further.
  Children are not just little adults. According to the National 
Academy of Sciences, they are more vulnerable than adults. They eat 
more food, drink more water, and breathe more air as a percentage of 
their body weight than adults, and as a consequence, they are more 
exposed to the chemicals present in food, water, and air. Children are 
also growing and developing and may therefore be physiologically more 
susceptible than adults to the hazards associated with exposures to 
chemicals.
  We have clear evidence that environmental pollution has a direct 
impact on children's health. Air pollution is linked to the 40-percent 
increase in the incidence of childhood asthma and the 118 percent 
increase asthma deaths among children and young people since 1980. 
Asthma now affects over 4.2 million children under the age of 18 
nationwide and is the leading cause of hospital admissions for 
children. The incidence of some types of childhood cancer has risen 
significantly over the past 15 years. For example, acute lymphocytic 
leukemia is up 10 percent and brain tumors are up more than 30 percent.
  Children may face developmental risks from the potential effects of 
exposure to pesticides and industrial chemicals on their endocrine 
systems.
  Exposure to environmental pollutants is suspected of being 
responsible for the increase in learning disabilities and attention 
deficit disorders among children.
  What are we doing in response to this evidence? Not enough. We know 
that up to one-half of a person's lifetime cancer risk may be incurred 
in the first 6 years of life, yet most of our Federal health and safety 
standards are not set at levels that are protective of children.
  I am very pleased with the Environmental Protection Agency's recent 
creation of a new Office of Children's Health Protection in the Office 
of the Administrator, and a new EPA Board on Children's Environmental 
Health.
  We need Federal legislation in order to secure the EPA's 
administrative efforts and give EPA support and direction.
  Yesterday, I received a letter from EPA Administrator Carol Browner 
expressing support for the goals of my bill. I ask unanimous consent 
that the letter be inserted in the Record at this point, and I also ask 
unanimous consent that the text of the Children's Environmental 
Protection Act and a section-by-section analysis be printed in the 
Record as well.
  I am very honored and pleased that Representative Jim Moran has 
decided to introduce the Children's Environmental Protection Act in the 
House. I look forward to working with him to get this bill enacted.
  Finally, Mr. President, I am pleased to have the Senator from New 
Jersey, Senator Lautenberg, as an original cosponsor of the bill.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                 S. 599

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Children's Environmental 
     Protection Act''.

     SEC. 2. ENVIRONMENTAL PROTECTION FOR CHILDREN.

       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

     ``SEC. 501. FINDINGS AND POLICY.

       ``(a) Findings.--Congress finds that--
       ``(1) public health and safety depends on citizens and 
     local officials knowing the toxic dangers that exist in their 
     homes, communities, and neighborhoods;
       ``(2) children and other vulnerable subpopulations are more 
     at risk from environmental pollutants than adults and 
     therefore face unique health threats that need special 
     attention;
       ``(3) risk assessments of pesticides and other 
     environmental pollutants conducted by the Environmental 
     Protection Agency do not clearly differentiate between the 
     risks to children and the risks to adults;
       ``(4) a study conducted by the National Academy of Sciences 
     on the effects of pesticides in the diets of infants and 
     children concluded that approaches to risk assessment 
     typically do not consider risks to children and, as a result, 
     current standards and tolerances often fail to adequately 
     protect infants and children;
       ``(5) data are lacking that would allow adequate 
     quantification and evaluation of child-specific and other 
     vulnerable subpopulation-specific susceptibility and exposure 
     to environmental pollutants;
       ``(6) data are lacking that would allow adequate 
     quantification and evaluation of child-

[[Page S3291]]

     specific and other vulnerable subpopulation-specific 
     bioaccumulation of environmental pollutants; and
       ``(7) the absence of data precludes effective government 
     regulation of environmental pollutants, and denies 
     individuals the ability to exercise a right to know and make 
     informed decisions to protect their families.
       ``(b) Policy.--It is the policy of the United States that--
       ``(1) all environmental and public health standards set by 
     the Environmental Protection Agency must, with an adequate 
     margin of safety, protect children and other vulnerable 
     subpopulations that are at greater risk from exposure to 
     environmental pollutants;
       ``(2) information, including a safer-for-children product 
     list, should be made readily available by the Environmental 
     Protection Agency to the general public and relevant Federal 
     and State agencies to advance the public's right-to-know, and 
     allow the public to avoid unnecessary and involuntary 
     exposure;
       ``(3) not later than 1 year after the safer-for-children 
     list is created, only listed products or chemicals that 
     minimize potential health risks to children shall be used in 
     Federal properties and areas; and
       ``(4) scientific research opportunities should be 
     identified by 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, to 
     study the short-term and long-term health effects of 
     cumulative, simultaneous, and synergistic exposures of 
     children and other vulnerable subpopulations to environmental 
     pollutants.

     ``SEC. 502. DEFINITIONS.

       ``In this title:
       ``(1) Areas that are reasonably accessible to children.--
     The term `areas that are reasonably accessible to children' 
     means homes, schools, day care centers, shopping malls, movie 
     theaters, and parks.
       ``(2) Children.--The term `children' means individuals who 
     are 18 years of age or younger.
       ``(3) Environmental pollutant.--The term `environmental 
     pollutant' means a hazardous substance, as defined in section 
     101 of the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601), or 
     a pesticide, as defined in section 2 of the Federal 
     Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136).
       ``(4) Federal properties and areas.--The term `Federal 
     properties and areas' means areas owned or controlled by the 
     United States.
       ``(5) Vulnerable subpopulations.--The term `vulnerable 
     subpopulations' means children, pregnant women, the elderly, 
     individuals with a history of serious illness, and other 
     subpopulations identified by the Administrator as likely to 
     experience elevated health risks from environmental 
     pollutants.

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

       ``(a) In General.--The Administrator shall--
       ``(1) consistently and explicitly evaluate and consider 
     environmental health risks to vulnerable subpopulations in 
     all of the risk assessments, risk characterizations, 
     environmental and public health standards, and regulatory 
     decisions carried out by the Administrator;
       ``(2) ensure that all Environmental Protection Agency 
     standards protect children and other vulnerable 
     subpopulations with an adequate margin of safety; and
       ``(3) develop and use a separate assessment or finding of 
     risks to vulnerable subpopulations or publish in the Federal 
     Register an explanation of why the separate assessment or 
     finding is not used.
       ``(b) Reevaluation of Current Public Health and 
     Environmental Standards.--
       ``(1) In general.--As part of any risk assessment, risk 
     characterization, environmental or public health standard or 
     regulation, or general regulatory decision carried out by the 
     Administrator, the Administrator shall evaluate and consider 
     the environmental health risks to children and other 
     vulnerable subpopulations.
       ``(2) Implementation.--In carrying out paragraph (1), not 
     later than 1 year after the date of enactment of this title, 
     the Administrator shall--
       ``(A) develop an administrative strategy and an 
     administrative process for reviewing standards;
       ``(B) publish in the Federal Register a list of standards 
     that may need revision to ensure the protection of children 
     and vulnerable subpopulations;
       ``(C) prioritize the list according to the standards that 
     are most important for expedited review to protect children 
     and vulnerable subpopulations;
       ``(D) identify which standards on the list will require 
     additional research in order to be reevaluated and outline 
     the time and resources required to carry out the research; 
     and
       ``(E) identify, through public input and peer review, not 
     fewer than 20 public health and environmental standards of 
     the Environmental Protection Agency to be repromulgated on an 
     expedited basis to meet the criteria of this subsection.
       ``(3) Revised standards.--Not later than 6 years after the 
     date of enactment of this title, the Administrator shall 
     propose not fewer than 20 revised standards that meet the 
     criteria of this subsection.
       ``(4) Completed revision of standards.--Not later than 15 
     years after the date of enactment of this title, the 
     Administrator shall complete the revision of all standards in 
     accordance with this subsection.
       ``(5) Report.--The Administrator shall report to Congress 
     on an annual basis on progress made by the Administrator in 
     carrying out the objectives and policy of this subsection.

     ``SEC. 504. SAFER ENVIRONMENT FOR CHILDREN.

       ``(a) In General.--Not later than 1 year after the date of 
     enactment of this title, the Administrator shall--
       ``(1) identify environmental pollutants commonly used or 
     found in areas that are reasonably accessible to children;
       ``(2) create a scientifically peer reviewed list of 
     substances identified under paragraph (1) with known, likely, 
     or suspected health risks to children;
       ``(3) create a scientifically peer reviewed list of safer-
     for-children substances and products recommended by the 
     Administrator for use in areas that are reasonably accessible 
     to children that, when applied as recommended by the 
     manufacturer, will minimize potential risks to children from 
     exposure to environmental pollutants;
       ``(4) establish guidelines to help reduce and eliminate 
     exposure of children to environmental pollutants in areas 
     reasonably accessible to children, including advice on how to 
     establish an integrated pest management program;
       ``(5) create a family right-to-know information kit that 
     includes a summary of helpful information and guidance to 
     families, such as the information created under paragraph 
     (3), the guidelines established under paragraph (4), 
     information on the potential health effects of environmental 
     pollutants, practical suggestions on how parents may reduce 
     their children's exposure to environmental pollutants, and 
     other relevant information, as determined by the 
     Administrator in cooperation with the Centers for Disease 
     Control;
       ``(6) make all information created pursuant to this 
     subsection available to Federal and State agencies, the 
     public, and on the Internet; and
       ``(7) review and update the lists created under paragraphs 
     (2) and (3) at least once each year.
       ``(b) Compliance in Public Areas That are Reasonably 
     Accessible to Children.--Not later than 1 year after the list 
     created under subsection (a)(3) is made available to the 
     public, the Administrator shall prohibit the use of any 
     product that has been excluded from the safer-for-children 
     list in Federal properties and areas.

     ``SEC. 505. RESEARCH TO IMPROVE INFORMATION ON EFFECTS ON 
                   CHILDREN.

       ``(a) Toxicity Data.--The Administrator, the Secretary of 
     Agriculture, and the Secretary of Health and Human Services 
     shall coordinate and support the development and 
     implementation of basic and applied research initiatives to 
     examine the health effects and toxicity of pesticides 
     (including active and inert ingredients) and other 
     environmental pollutants on children and other vulnerable 
     subpopulations.
       ``(b) Biennial Reports.--The Administrator, the Secretary 
     of Agriculture, and the Secretary of Health and Human 
     Services shall submit biennial reports to Congress on actions 
     taken to carry out this section.

     ``SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

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


  CHILDREN'S ENVIRONMENTAL PROTECTION ACT OF 1997--SECTION-BY-SECTION 
                                ANALYSIS

     Section 1. Short Title.
       The short title of the bill shall be the Children's 
     Environmental Protection Act of 1997.
     Section 2. Findings/Policy/Definitions
       Amends the Toxic Substances Control Act by adding a new 
     Title V--``Environmental Protection for Children.''
     Section 501. Findings and Policy
       Findings--
       (1) Public health and safety depend on citizens being aware 
     of toxic dangers in their homes, communities, and 
     neighborhoods.
       (2) Children and other vulnerable groups face health 
     threats that are not adequately met by current standards.
       (3) More scientific knowledge is needed about the extent to 
     which children are exposed to environmental pollutants and 
     the health effects of such exposure.
       Policy--
       (1) All standards for environmental pollutants set by the 
     EPA should be set at levels that protect children's health 
     with an adequate margin of safety.
       (2) In order to help the public avoid unnecessary and 
     involuntary exposure to environmental pollutants, the EPA 
     should develop a list of ``safer-for-children'' products. 
     Only products on this list should be used on federal 
     properties.
       (3) EPA and other agencies should conduct more research, 
     both basic and applied, on the short and long term health 
     effects of exposure to environmental pollutants.
     Section 502. Definitions
       (1) ``Areas that are reasonably accessible to children'' 
     means homes, schools, day care centers, shopping malls, movie 
     theaters and parks.

[[Page S3292]]

       (2) ``Children'' means children ages 0-18.
       (3) ``Environmental pollutant'' means a toxic as defined in 
     Section 101 of the Superfund law or a pesticide as defined in 
     the Federal Insecticide, Fungicide and Rodenticide Act.
       (4) ``Federal properties and areas'' means areas controlled 
     or owned by the U.S.
       (5) ``Vulnerable subpopulation'' means children, pregnant 
     women, the elderly, individuals with a history of serious 
     illness, or other subpopulation identified by the EPA as 
     likely to experience elevated health risks from environmental 
     pollutants.
     Section 503. Safeguarding children and other vulnerable 
         subpopulations
       Directs the EPA to consider environmental health risks to 
     children and other vulnerable subpopulations throughout the 
     standard setting process. Requires EPA to set health 
     standards at levels that ensure the protection of children 
     and other vulnerable subpopulations with an adequate margin 
     of safety.
       Requires EPA to develop a list of no fewer than 20 public 
     health standards that need expedited reevaluation in order to 
     protect children. Within 6 years, EPA must propose the 
     revised standards. EPA must complete revision of all existing 
     standards within 15 years, and must issue a progress report 
     to Congress every year.
     Section 504. Safer Environment for Children
       Requires EPA, within 1 year after enactment of CEPA, to--
       (1) identify environmental pollutants commonly used in 
     areas reasonably accessible to children;
       (2) identify pollutants that are known to be or suspected 
     of being health risks to children;
       (3) make public a list of ``safer-for-children'' products 
     that minimize potential risks to children from exposure to 
     environmental pollutants; EPA must update the list annually;
       (4) establish guidelines to help reduce exposure of 
     children to environmental pollutants, including how to 
     establish an integrated pest management program;
       (5) create a family right-to-know information kit that 
     includes information on the potential health effects of 
     exposure to environmental pollutants and practical 
     suggestions on how parents may reduce their children's 
     exposure.
       Within one year after enactment, only products on the 
     ``safer-for-children'' list may be used on federal 
     properties.
     Section 505. Research to Improve Information on Effects on 
         Children
       Requires EPA to work with other federal agencies to 
     coordinate and support the development and implementation of 
     basic and applied research initiatives to examine the health 
     effects and toxicity of environmental pollutants on children 
     and other vulnerable subpopulations. Requires biennial 
     reports to Congress.
     Section 506. Authorization of Appropriations
       Authorizes appropriation of ``such funds as may be 
     necessary" in order to carry out the purposes of the 
     legislation.
                                                                    ____

                                                U.S. Environmental


                                            Protection Agency,

                                   Washington, DC, April 15, 1997.
     Hon. Barbara Boxer,
     U.S. Senate,
     Washington, DC.
       Dear Senator Boxer: I am writing to thank you for your 
     leadership to help protect our children from environmental 
     risks and to congratulate you for the introduction of your 
     Children's Environmental Protection Act. As you know, 
     protecting the health of our children and expanding the 
     public's right to know about harmful pollutants in our 
     communities are top priorities for this Administration.
       Recently I established the Office of Children's Health 
     Protection to expand and better coordinate our activities to 
     protect children. This office will review health standards to 
     ensure they are protective for children and increase our 
     family right to know activities to expand access to vital 
     information about children's environmental health.
       I look forward to working with you in the future to help 
     protect children from environmental health threats in their 
     homes, schools and communities.
           Sincerely,
                                                 Carol M. Browner.
                                 ______