19885

Federal Register Presidential Documents

Vol. 62, No. 78

Wednesday, April 23, 1997

Title 3- Executive Order 13045 of April 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 their protection

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 the agency'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 that its policies, programs, activities, and standards address

disproportionate risks to children that result from environmental health

risks or safety risks.

1-102. Each independent regulatory agency is encouraged to participate in

the implementation of this order and comply with its provisions.

Sec. 2. Definitions. The following definitions shall apply to this order.

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 to be independent regulatory agencies under 44 U.S.C. 3502(5). For purposes of this

order, "military departments," as defined in 5 U.S.C. 102, are covered under

the auspices of the Department of Defense.

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

is likely to result in a rule that 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, or State, local, or tribal governments or communities); and

(b) concern an environmental health risk or safety risk that an agency

has reason to believe may disproportionately 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

live on, and the products we use or are exposed to).

Sec. 3. Task Force on Environmental Health Risks and Safety Risks to

Children.

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3-301. There is hereby established the Task Force on Environmental Health

Risks and Safety Risks to Children ("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 of Management and

Budget (OMB).

3-303. Membership. The Task Force shall be composed of the:

(a) Secretary of Health and Human Services, who shall serve as a CoChair of the Council;

(b) Administrator of the Environmental Protection Agency, who shall serve

as a Co-Chair of the Council;

(c) Secretary of Education;

(d) Secretary of Labor;

(e) Attorney General;

(f) Secretary of Energy;

(g) Secretary of Housing and Urban Development;

(h) Secretary of Agriculture;

(i) Secretary of Transportation;

(j) Director of the Office of Management and Budget;

(k) Chair of the Council on Environmental Quality;

(1) Chair of the Consumer Product Safety Commission;

(m) Assistant to the President for Economic Policy;

(n) Assistant to the President for Domestic Policy;

(o) Assistant to the President and Director of the Office of Science and

Technology Policy;

(p) Chair of the Council of Economic Advisers; and

(q) Such other officials of executive departments and agencies as the

President may, from time to time, designate.

Members of the Task Force may delegate their responsibilities under this

order to subordinates.

3-304. Functions. The Task Force shall recommend to the President Federal

strategies for children's environmental health and safety, within the limits

of the Administration's budget, to include the following elements:

(a) statements of principles, general policy, and targeted annual priorities

to guide the Federal approach to achieving the goals of this order;

(b) a coordinated research agenda for the Federal Government, including

steps to implement the review of research databases described in section

4 of this 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 of high-priority initiatives that the Federal Government

has undertaken or will undertake in advancing 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 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,

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and respond to environmental health risks and safety risks to children.

For purposes of this 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 of Science and Technology Policy and the National Science

and Technology Council shall ensure that this report is fully considered

in establishing research priorities.

3-306. The Task Force shall exist for a period of 4 years from the first

meeting. At least 6 months prior to the expiration of that period, the member

agencies shall assess the need for continuation of the Task Force or its

functions, and make appropriate recommendations to the President.

See. 4. Research Coordination and Integration.

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

the plan.

4-402. The plan shall promote the sharing of information on academic and

private research. It shall include 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.

Sec. 5. Agency Environmental Health Risk or Safety Risk Regulations.

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, the issuing agency shall provide to OIRA the following information developed as part of the agency's decisionmaking process, unless prohibited by law:

(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 by this 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

the public, to the extent permitted by law.

Sec. 6. Interagency Forum on Child and Family Statistics.

6-601. The Director of the 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 of the well-being of the Nation'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

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Forum shall provide an ongoing review of Federal 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 of Child 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 most recently available data.

See. 7. General Provisions.

7-701. This order is intended only for internal management of the 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 12606 of September 2, 1987 is revoked.

THE WHITE HOUSE,

April 21, 1997.

[FR Doc. 97 10695

Filed 4 22 97; 8:49 am]

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