[Congressional Record Volume 145, Number 75 (Monday, May 24, 1999)]
[Senate]
[Pages S5866-S5868]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. BOXER (for herself and Mr. Lautenberg):
  S. 1112. A bill to protect children and other vulnerable 
subpopulations from exposure to environmental pollutants, to protect 
children from exposure to pesticides in schools, and to provide parents 
with information concerning toxic chemicals that pose risks to 
children, and for other purposes; to the Committee on Environment and 
Public Works.


                children's environmental protection act

  Mrs. BOXER. Mr. President, today I am pleased to introduce a bill to 
protect children from the dangers posed by pollution and toxic 
chemicals in our environment. My Children's Environmental Protection 
Act (CEPA) is based on the understanding that children are more 
vulnerable to those dangers than adults, and require special 
protection.
  In fact, we know that the physiology of children and their exposure 
patterns to toxic and harmful substances differ from that of adults, 
and make them more susceptible to the dangers posed by those substances 
than adults. Children face greater exposure to such substances because 
they eat more food, drink more water, and breathe more air as a 
percentage of their body weight than adults. Children are also rapidly 
growing, and therefore physiologically more vulnerable to such 
substances than adults.
  How is this understanding that children suffer higher risks from the 
dangers posed by toxic and harmful substances than adults taken into 
account in our environmental and public health standards? Do we gather 
and consider data that specifically evaluates how those substances 
affect children?
  If that data is lacking, do we apply extra caution when we determine 
the amount of toxics that can be released into the air and water, the 
level of harmful contaminants that may be present in our drinking 
water, or the amount of pesticides that may be present in our food?
  In most cases, the answer to all of these questions is ``no.''
  In fact, most of these standards are designed to protect adults 
rather than children. In most cases, we don't even have the data that 
would allow us to measure how those substances specifically affect 
children. And, finally, in the face of that uncertainty, we generally 
assume that what we don't know about the dangers toxic and harmful 
substances pose to our children won't hurt them.
  We generally don't apply extra caution to take account of that 
uncertainty.
  CEPA would change the answers to those questions from ``no'' to 
``yes.'' It would childproof our environmental laws. CEPA is based on 
the premise that what we don't know about the dangers toxic and harmful 
substances pose to our children may very well hurt them.
  CEPA would require the Environmental Protection Agency (EPA) to set 
environmental and public health standards to protect children. It would 
specifically require EPA to explicitly consider the dangers that toxic 
and harmful substances pose to children when setting those standards. 
Finally, if EPA discovers that it does not have specific data that 
would allow it to measure those dangers, EPA would be required to apply 
an additional safety factor--an additional measure of caution--to 
account for that lack of information.
  As work would move forward under CEPA to childproof our environmental 
standards, CEPA would provide parents and teachers with a number of 
tools to immediately protect their children from toxic and harmful 
substances.
  First, CEPA would require EPA to provide all schools and day care 
centers that receive federal funding a copy of EPA's guide to help 
schools adopt a least toxic pest management policy. CEPA would also 
prohibit the use of dangerous pesticides--those containing known or 
probable carcinogens, reproductive toxins, acute nerve toxins and 
endocrine disrupters--in those areas. Under CEPA, parents would also 
receive advance notification before pesticides are applied on school or 
day care center grounds.
  Second, CEPA would expand the federal Toxics Release Inventory (TRI) 
to require the reporting of toxic chemical releases that may pose 
special risks to children. In particular, CEPA provides that releases 
of small amounts of lead, mercury, dioxin, cadmium and chromium be 
reported under TRI. These chemicals are either highly toxic, persist in 
the environment or can accumulate in the human body over many years--
all features which render them particularly dangerous to children.
  Lead, for example, will seriously affect a child's development, but 
is still released into the environment through lead smelting and waste 
incineration. CEPA would then require EPA to identify other toxic 
chemicals that may present special risks to children, and to provide 
that releases of those chemicals be reported under TRI.
  Finally, CEPA would direct EPA to create a list of recommended safer-
for-children products that minimize potential risks to children. CEPA 
would also require EPA to create a family right-to-know information kit 
that would include practical suggestions to help parents reduce their 
children's exposure to toxic and harmful substances in the environment.
  My CEPA bill is based on the premise that what we don't know about 
the dangers toxic and harmful substances pose to our children may very 
well hurt them. It would require EPA to apply caution in the face of 
that uncertainty. And, ultimately, it would childproof our 
environmental laws to ensure that those laws protect the most 
vulnerable among us--our children.
  I am hopeful that my House and Senate colleagues can act quickly to 
ensure the passage of my legislation.
  I ask unanimous consent that the full text of my legislation be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1112

       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 AND OTHER 
                   VULNERABLE SUBPOPULATIONS.

       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 public health and safety depends on 
     individuals and government officials being aware of the 
     pollution dangers that exist in their homes, schools, and 
     communities, and whether those dangers present special 
     threats to the health of children and other vulnerable 
     subpopulations;
       ``(2) children spend much of their young lives in schools 
     and day care centers, and may face significant exposure to 
     pesticides and other environmental pollutants in those 
     locations;
       ``(3) the metabolism, physiology, and diet of children, and 
     exposure patterns of children to environmental pollutants 
     differ from those of adults and can make children more 
     susceptible than adults to the harmful effects of 
     environmental pollutants;
       ``(4) a study conducted by the National Academy of Sciences 
     that particularly considered the effects of pesticides on 
     children concluded that current approaches to assessing 
     pesticide risks typically do not consider risks to children 
     and, as a result, current standards and tolerances often fail 
     to adequately protect children;
       ``(5) there are often insufficient data to enable the 
     Administrator, when establishing a environmental and public 
     health standard for an environmental pollutant, to evaluate 
     the special susceptibility or exposure of children to 
     environmental pollutants;
       ``(6) when data are lacking to evaluate the special 
     susceptibility or exposure of children to an environmental 
     pollutant, the Administrator generally does not presume that 
     the environmental pollutant presents a special risk to 
     children and generally does not 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
       ``(7) safeguarding children from environmental pollutants 
     requires the systematic collection of data concerning the 
     special susceptibility and exposure of children to those 
     pollutants, and the adoption of an additional safety factor 
     of at least 10-fold in the establishment of environmental and 
     public health

[[Page S5867]]

     standards where reliable data are not available.
       ``(b) Policy.--It is the policy of the United States that--
       ``(1) the public has the right to be informed about the 
     pollution dangers to which children are being exposed in 
     their homes, schools and communities, and how those dangers 
     may present special health threats to children and other 
     vulnerable subpopulations;
       ``(2) each environmental and public health standard for an 
     environmental pollutant established by the Administrator 
     must, with an adequate margin of safety, protect children and 
     other vulnerable subpopulations;
       ``(3) where data sufficient to evaluate the special 
     susceptibility and exposure of children (including exposure 
     in utero) to an environmental pollutant are lacking, the 
     Administrator should presume that the environmental pollutant 
     poses a special risk to children and should 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) since it is difficult to identify all conceivable 
     risks and address all uncertainties associated with pesticide 
     use, the use of dangerous pesticides in schools and day care 
     centers 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 on 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 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' includes a hazardous substance subject to 
     regulation under the Comprehensive Environmental Response, 
     Compensation, and Liability Act of 1980 (42 U.S.C. 9601), a 
     drinking water contaminant subject to regulation under the 
     Safe Drinking Water Act (42 U.S.C. 300f et seq), an air 
     pollutant subject to regulation under the Clean Air Act (42 
     U.S.C. 7401 et seq.), a water pollutant subject to regulation 
     under the Federal Water Pollution Control Act (33 U.S.C. 1251 
     et seq.), and a pesticide subject to regulation under the 
     Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 
     136 et seq.).
       ``(4) Pesticide.--The term `pesticide' has the meaning 
     given the term in section 2 of the Federal Insecticide, 
     Fungicide, and Rodenticide Act (7 U.S.C. 136).
       ``(5) School.--The term `school' means an elementary school 
     (as defined in section 14101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801)), a secondary school 
     (as defined in section 14101 of that Act), a kindergarten, or 
     a nursery school that is public or receives Federal funding.
       ``(6) Vulnerable subpopulation.--The term `vulnerable 
     subpopulation' means children, pregnant women, the elderly, 
     individuals with a history of serious illness, and other 
     subpopulations identified by the Administrator as being 
     likely to experience special health risks from environmental 
     pollutants.

     ``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 concerning 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 for an environmental pollutant in the absence 
     of reliable data on toxicity and exposure of the child to an 
     environmental pollutant or if there is a lack of reliable 
     data on the susceptibility of the child to an environmental 
     pollutant for which the environmental and public health 
     standard is being established.
       ``(b) Establishing, Modifying, or Reevaluating 
     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 concerning--
       ``(A) all routes of children's exposure to that 
     environmental pollutant;
       ``(B) the special susceptibility of children to the 
     environmental pollutant, including neurological differences 
     between children and adults, the effect of in utero exposure 
     to that environmental pollutant, and the cumulative effect on 
     a child of exposure to that environmental pollutant and other 
     substances having a common mechanism of toxicity.
       ``(2) Additional safety margin.--If any of the data 
     described in paragraph (1) are not available, the 
     Administrator shall, in completing 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 
     potential pre-natal and post-natal toxicity of an 
     environmental pollutant, and the completeness of data 
     concerning the exposure and toxicity of an environmental 
     pollutant to children.
       ``(c) Identification and Revision of Current Environmental 
     and Public Health Standards That Present Special Risks to 
     Children.--
       ``(1) In general.--Not later than 1 year after the date of 
     enactment of this title and annually thereafter, based on the 
     recommendations of the Children's Environmental Health 
     Protection Advisory Committee established under section 507, 
     the Administrator shall--
       ``(A) repromulgate, in accordance with this section, at 
     least 3 of the environmental and public health standards 
     identified by the Children's Environmental Health Protection 
     Advisory Committee as posing a special risk to children; or
       ``(B) publish a finding in the Federal Register that 
     provides the Administrator's basis for declining to 
     repromulgate at least 3 of the environmental and public 
     health standards identified by the Children's Environmental 
     Health Protection Advisory Committee as posing a special risk 
     to children.
       ``(2) Determination by administrator.--If the Administrator 
     makes the finding described in paragraph (1)(B), the 
     Administrator shall repromulgate in accordance with this 
     section at least 3 environmental and public health standards 
     determined to pose a greater risk to children's health than 
     the environmental and public health standards identified by 
     the Children's Environmental Health Protection Advisory 
     Committee.
       ``(3) Report.--Not later than 1 year after the date of 
     enactment of this title and annually thereafter, the 
     Administrator shall submit a report to Congress describing 
     the progress made by the Administrator in carrying out this 
     subsection.

     ``SEC. 504. PROTECTING CHILDREN FROM EXPOSURE TO PESTICIDES 
                   IN SCHOOLS.

       ``(a) In General.--Each school and day care center that 
     receives Federal funding shall--
       ``(1) take steps to reduce the exposure of children to 
     pesticides on school grounds, both indoors and outdoors; and
       ``(2) provide parents with advance notification of any 
     pesticide application on school grounds in accordance with 
     subsection (b).
       ``(b) Least Toxic Pest Control Strategy.--
       ``(1) In general.--The Administrator shall distribute to 
     each school and day care center the current manual of the 
     Environmental Protection Agency that guides schools and day 
     care centers in the establishment of a least toxic pest 
     control strategy.
       ``(2) List.--Not later than 180 days after the date of 
     enactment of this Act and annually thereafter, the 
     Administrator shall provide each school and day care center 
     with a list of pesticides that contain a substance that the 
     Administrator has identified as a known or probable 
     carcinogen, a developmental or reproductive toxin, a category 
     I or II acute nerve toxin, or a known or suspected endocrine 
     disrupter as identified by the endocrine disrupter screening 
     program of the Environmental Protection Agency.
       ``(3) Prohibition of pesticide application.--Effective 
     beginning on the date that is 2 years after the date of 
     enactment of this Act, any school or day care center that 
     receives Federal funding shall not apply any pesticide 
     described in paragraph (2), either indoors or outdoors.
       ``(4) Emergency exemption.--
       ``(A) In general.--An administrator of a school or day care 
     center may suspend the prohibition under paragraph (3) for a 
     period of not more than 14 days if the administrator 
     determines that a pest control emergency poses an imminent 
     threat to the health and safety of the school or day care 
     center community.
       ``(B) Notice.--
       ``(i) In general.--Prior to exercising the authority under 
     this paragraph, an administrator shall give notice to the 
     board of the school or day care center of the reasons for 
     finding that a pest control emergency exists.
       ``(ii) Action taken.--An administrator that exercises the 
     authority under subparagraph (A) shall report any action 
     taken by personnel or outside contractors in response to the 
     pest control emergency to the board of the school or day care 
     center at the next scheduled meeting of the board.
       ``(c) Parental notice prior to any pesticide application.--
       ``(1) In general.--An administrator of the school or day 
     care center shall provide written notice to parents not later 
     than 72 hours before any indoor or outdoor pesticide 
     application on the grounds of the school or day care center.
       ``(2) Contents of notice.--A notice under this subsection 
     shall include a description of the intended area of 
     application and the name of each pesticide to be applied.
       ``(3) Form.--A pesticide notice under this subsection may 
     be incorporated into any notice that is being sent to parents 
     at the time the pesticide notice is required to be sent.
       ``(4) Warning sign.--

[[Page S5868]]

       ``(A) In general.--An administrator of a school or day care 
     center shall post at any area in the area of the school or 
     day care center where a pesticide is to be applied a warning 
     sign that is consistent with the label of the pesticide and 
     prominently displays the term `warning', `danger', or 
     `poison'.
       ``(B) Period of display.--During the period that begins not 
     less than 24 hours before the application of a pesticide and 
     ends not less than 72 hours after the application, a sign 
     under this subparagraph shall be displayed in a location 
     where it is visible to all individuals entering the area.

     ``SEC. 505. 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 Director of the Centers 
     for Disease Control and Prevention;
       ``(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.''.

     SEC. 3. ADDITIONAL REPORTING OF TOXIC CHEMICAL RELEASES THAT 
                   AFFECT CHILDREN.

       Section 313(f)(1) of the Emergency Planning and Community 
     Right-to-Know Act of 1986 (42 U.S.C. 11023(f)(1)) is amended 
     by adding at the end the following:
       ``(C) Children's health.--
       ``(i) In general.--With respect to each of the toxic 
     chemicals described in clause (ii) that are released from a 
     facility, the amount described in clause (iii).
       ``(ii) Chemicals.--Not later than 2 years after the date of 
     enactment of this subparagraph, the Administrator shall 
     identify each toxic chemical that the Administrator 
     determines may present a significant risk to children's 
     health or the environment due to the potential of that 
     chemical to bioaccumulate, disrupt endocrine systems, remain 
     in the environment, or other characteristics, including--

       ``(I) any chemical or group of chemicals that persists in 
     any environmental medium for at least 60 days (as defined by 
     half life) or that have bioaccumulation or bioconcentration 
     factors greater than 1,000;
       ``(II) any chemical or group of chemicals that, despite a 
     failure to meet the specific persistence or bioaccumulation 
     measuring criteria described in subclause (I), can be 
     reasonably expected to degrade into a substance meeting those 
     criteria; and
       ``(III) lead, mercury, dioxin, cadmium, and chromium and 
     pollutants that are bioaccumulative chemicals of concern 
     listed in subparagraph (A) of table 6 of the tables to part 
     132 of title 40, Code of Federal Regulations.

       ``(iii) Threshold.--The Administrator shall establish a 
     threshold for each toxic chemical described in clause (ii) at 
     a level that shall ensure reporting for at least 80 percent 
     of the aggregate of all releases of the chemical from 
     facilities that--

       ``(I) have 10 or more full-time employees; and
       ``(II) are in Standard Industrial Classification Codes 20 
     through 39 or in the Standard Industrial Classification Codes 
     under subsection (b)(1)(B).

       ``(iv) Additional facilities.--If the Administrator 
     determines that a facility other than a facility described in 
     clause (iii) contributes substantially to total releases of 
     toxic chemicals described in clause (ii), the Administrator 
     shall require that facility to comply with clause (iii).''.

     SEC. 4. RESEARCH TO IMPROVE INFORMATION ON THE EFFECTS OF 
                   ENVIRONMENTAL POLLUTANTS ON CHILDREN.

       The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) 
     (as amended by section 2) is amended by adding at the end the 
     following:

     ``SEC. 506. 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 the health effects and toxicity of pesticides 
     (including active and inert ingredients) and other 
     environmental pollutants on children and other vulnerable 
     subpopulations, and the exposure of children and 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.''.

     SEC. 5. CHILDREN'S ENVIRONMENTAL HEALTH PROTECTION ADVISORY 
                   COMMITTEE.

       The Toxic Substances Control Act (15 U.S.C. 2601 et seq.) 
     (as amended by section 4) is amended by adding at the end the 
     following:

     ``SEC. 507. CHILDREN'S ENVIRONMENTAL HEALTH PROTECTION 
                   ADVISORY COMMITTEE.

       ``(a) Establishment.--The Administrator shall establish a 
     Children's Environmental Health Protection Advisory Committee 
     to assist the Administrator in carrying out this title.
       ``(b) Composition.--The Committee shall be comprised of 
     medical professionals specializing in pediatric health, 
     educators, representatives of community groups, 
     representatives of environmental and public health nonprofit 
     organizations, industry representatives, and State 
     environmental and public health department representatives.
       ``(c) Duties.--Not later than 2 years after the date of 
     enactment of this title and annually thereafter, the 
     Committee shall develop a list of standards that merit 
     reevaluation by the Administrator in order to better protect 
     children's health.
       ``(d) Termination.--The Committee shall terminate not later 
     than 15 years after the date on which the Committee is 
     established.

     ``SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

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

                          ____________________