### 19885

Federal Register 

# Presidential Documents

Vol. 62, No. 78 Wednesday, April 23, 1997

Title 3- Executive Order13045 ofApril 21, 1997 

### The President Protection of Children From Environmental Health Risks and Safety Risks

By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1.Policy. 1-101. A growing body of scientific knowledge demonstrates that children may suffer disproportionately from environmental health risks and safety risks. These risks arise because: children's neurological, immunological, digestive, and other bodily systems are still developing; children eat more food, drink more fluids, and breathe more air in proportion to their body weight than adults; children's size and weight may diminish theirprotection from standard safety features; and children's behavior patterns may make them more susceptible to accidents because they are less able to protect themselves. Therefore, to the extent permitted by law and appropriate, and consistent with theagency's mission, each Federal agency: (a) shall make it a high priority to identify and assess environmental health risks and safety risks that may disproportionately affect children; and (b) shall ensure thatitspolicies, programs, activities, and standards address disproportionate risks to children that result from environmental health risks orsafetyrisks. 1-102. Each independent regulatory agency is encouraged to participate in the implementation ofthisorder andcomply with itsprovisions. Sec. 2.Definitions.The followingdefinitions shall applytothisorder. 2-201. "Federal agency" means any authority of the United States that is an agency under 44 U.S.C. 3502(1) other than those considered tobe independent regulatory agencies under 44 U.S.C. 3502(5). For purposes ofthis order, "military departments," as defined in 5 U.S.C. 102, are covered under the auspices ofthe DepartmentofDefense. 2-202. "Covered regulatory action" means any substantive action in a rulemaking, initiated after the date of this order or for which a Notice of Proposed Rulemaking is published 1 year after the date of this order, that islikelytoresultin arulethat may: (a) be "economically significant" under Executive Order 12866 (a rulemaking that has an annual effect on the economy of $100 million or more or would adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, public health or safety, orState,local, ortribal governmentsorcommunities); and (b) concern an environmental health risk or safety risk that an agency hasreason tobelieve maydisproportionately affect children. 2-203. "Environmental health risks and safety risks" mean risks to health or to safety that are attributable to products or substances that the child is likely to come in contact with or ingest (such as the air we breath, the food we eat, the water we drink or use for recreation, the soil we liveon, andthe productsweuse orareexposed to). Sec. 3. Task Force on Environmental Health Risks and Safety Risks to Children.

HeinOnline -- 62 Fed. Reg. 19885 199762, No. 78 / Wednesday, April 23, 1997 / Presidential Documents

3-301. There is hereby established the Task Force on Environmental Health Risks and Safety RiskstoChildren ("Task Force"). 3-302. The Task Force will report to the President in consultation with the Domestic Policy Council, the National Science and Technology Council, the Council on Environmental Quality, and the Office ofManagement and Budget (OMB). 3-303.Membership.The TaskForce shallbe composed ofthe: (a) Secretary of Health and Human Services, who shall serve as a CoChair oftheCouncil; (b) Administrator oftheEnvironmental Protection Agency, who shall serve as aCo-Chair ofthe Council; (c) Secretary ofEducation; (d) Secretary ofLabor; (e) Attorney General; (f)Secretary ofEnergy; (g)Secretary ofHousing and Urban Development; (h) Secretary ofAgriculture; (i) Secretary ofTransportation; (j) Director ofthe Office ofManagement and Budget; (k)Chair oftheCouncil on Environmental Quality; (1)Chair oftheConsumer Product Safety Commission; (m) Assistant tothe President forEconomic Policy; (n) Assistant tothe President forDomestic Policy; (o) Assistant to the President and Director of the Office of Science and Technology Policy; (p) Chair oftheCouncil ofEconomic Advisers; and (q) Such other officials of executive departments and agencies as the President may, from timeto time, designate. Members of the Task Force may delegate their responsibilities under this order tosubordinates. 3-304. Functions.The Task Force shall recommend to the President Federal strategies for children's environmental health and safety, within the limits oftheAdministration's budget, toinclude thefollowing elements: (a) statements ofprinciples, general policy, and targeted annual priorities to guide theFederal approach to achieving thegoals ofthis order; (b) a coordinated research agenda for the Federal Government, including steps to implement the review of research databases described in section 4 ofthis order; (c) recommendations for appropriate partnerships among Federal, 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 ofhigh-priority initiatives that theFederal Government has undertaken or will undertake in advancing protection ofchildren's environmental health and safety; and (f) a statement regarding the desirability of new legislation to fulfill or promote thepurposes ofthis order. 3-305. The Task Force shall prepare a biennial report on research, data,
or other information that would enhance our ability to understand, analyze, 

### 19886 Federal Register / Vol.

HeinOnline -- 62 Fed. Reg. 19886 1997Federal Register / Vol. 62, No. 78 / Wednesday, April 23, 1997 / Presidential Documents

and respond to environmental health risks and safety risks to children. For purposes ofthis report, cabinet agencies and other agencies identified by the Task Force shall identify and specifically describe for the Task Force key data needs related to environmental health risks and safety risks to children that have arisen in the course of the agency's programs and activities. The Task Force shall incorporate agency submissions into its report and ensure that this report is publicly available and widely disseminated. The Office ofScience and Technology Policy and theNational Science and Technology Council shall ensure that this report is fully considered in establishingresearch priorities. 3-306. The Task Force shall exist for a period of 4 years from the first meeting. At least 6 months priortothe expiration ofthatperiod, themember agencies shall assess the need for continuation of the Task Force or its functions, and makeappropriate recommendations tothe President. See. 4. ResearchCoordinationandIntegration. 4-401. Within 6 months of the date of this order, the Task Force shall develop or direct to be developed a review of existing and planned data resources and a proposed plan for ensuring that researchers and Federal research agencies have access to information on all research conducted or funded by the Federal Government that is related to adverse health risks in children resulting from exposure to environmental health risks or safety risks. The National Science and Technology Council shall review theplan. 4-402. The plan shall promote the sharing ofinformation on academic and private research. It shall include recommendations to encourage that such data, tothe extent permitted by law, is available to the public, the scientific and academic communities, and allFederal agencies. Sec. 5.AgencyEnvironmentalHealthRisk orSafetyRiskRegulations. 5-501. For each covered regulatory action submitted to OMB's Office of Information and Regulatory Affairs (OIRA) for review pursuant to Executive Order 12866, theissuing agency shallprovide to OIRA thefollowinginformation developed aspart ofthe agency's decisionmaking process,unless prohibited bylaw: (a) an evaluation of the environmental health or safety effects of the planned regulation on children;and (b) an explanation of why the planned regulation is preferable to other potentially effective and reasonably feasible alternatives considered by the agency. 5-502. In emergency situations, or when an agency is obligated by law to act more quickly than normal review procedures allow, the agency shall comply with the provisions of this section to the extent practicable. For those covered regulatory actions that are governed by a court-imposed or statutory deadline, the agency shall, to the extent practicable, schedule any rulemaking proceedings so as to permit sufficient time for completing the analysis required bythis section. 5-503. The analysis required by this section may be included as part of any other required analysis, and shall be made part of the administrative record for the covered regulatory action or otherwise made available to thepublic, totheextentpermitted bylaw. Sec. 6. InteragencyForumon ChildandFamilyStatistics. 6-601. The Director ofthe OMB ("Director") shall convene an Interagency Forum on Child and Family Statistics ("Forum"), which will include representatives from the appropriate Federal statistics and research agencies. The Forum shall produce an annual compendium ("Report") of the most important indicators ofthewell-beingoftheNation's children. 6-602. The Forum shall determine the indicators to be included in each Report and identify the sources of data to be used for each indicator. The 19887

HeinOnline -- 62 Fed. Reg. 19887 199719888 Federal Register I Vol. 62, No. 78 / Wednesday, April 23, 1997 / Presidential Documents

Forum shall provide an ongoing review ofFederal collection and dissemination of data on children and families, and shall make recommendations to improve the coverage and coordination of data collection and to reduce duplication and overlap. 6-603. The Report shall be published by the Forum in collaboration with the National Institute ofChild Health and Human Development. The Forum shall present the first annual Report to the President, through the Director, by July 31, 1997. The Report shall be submitted annually thereafter, using the mostrecently available data. See. 7. GeneralProvisions. 7-701. This order is intended only for internal management ofthe executive branch. This order is not intended, and should not be construed to create, any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or its employees. This order shall not be construed to create any right to judicial review involving the compliance or noncompliance with this order by the United States, its agencies, its officers, or any other person. 7-702. Executive Order 12606ofSeptember 2, 1987 isrevoked.

THE WHITE HOUSE, April21, 1997. [FR Doc. 97 10695

Filed 4 22 97; 8:49 am] Billing code 3195 01 P

HeinOnline -- 62 Fed. Reg. 19888 1997