II

104TH CONGRESS

2D SESSION S. 2179

To protect children and other vulnerable subpopulations from exposure to

certain environmental pollutants, and for other purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 30, 1996

Mrs. BOXER introduced the following bill; which was read twice and referred

to the Committee on Environment and Public Works.

A BILL

To protect children and other vulnerable subpopulations from

exposure to certain environmental pollutants, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Children’s Environ5 mental Protection Act of 1996’’.

6 SEC. 2. ENVIRONMENTAL PROTECTION FOR CHILDREN.

7 The Toxic Substances Control Act (15 U.S.C. 2601

8 et seq.) is amended by adding at the end the following:
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1 ‘‘TITLE V—ENVIRONMENTAL

2 PROTECTION FOR CHILDREN

3 ‘‘SEC. 501. FINDINGS AND POLICY.

4 ‘‘(a) FINDINGS.—Congress finds that—

5 ‘‘(1) public health and safety depends on citi6 zens and local officials knowing the toxic dangers

7 that exist in their communities and neighborhoods;

8 ‘‘(2) children and other vulnerable subpopula9 tions are more at risk from environmental pollutants

10 than adults and therefore face unique health threats

11 that need special attention;

12 ‘‘(3) a study conducted by the National Acad13 emy of Sciences on the effects of pesticides in the

14 diets of infants and children concluded that current

15 approaches to risk assessment typically do not con16 sider risks to children and, as a result, current

17 standards and tolerances often fail to adequately

18 protect infants and children;

19 ‘‘(4) risk assessments of pesticides and other

20 environmental pollutants conducted by the Environ21 mental Protection Agency do not clearly differentiate

22 between the risks to children and the risks to adults;

23 ‘‘(5) data are lacking that would allow adequate

24 quantification and evaluation of child-specific and
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1 other-vulnerable-subpopulation-specific susceptibility

2 and exposure to environmental pollutants; and

3 ‘‘(6) the absence of data precludes effective gov4 ernment regulation of environmental pollutants, and

5 denies individuals the ability to exercise a right to

6 know and make informed decisions to protect their

7 families.

8 ‘‘(b) POLICY.—It is the policy of the United States

9 that—

10 ‘‘(1) all environmental and public health stand11 ards set by the Environmental Protection Agency

12 must be adequate to protect children and other vul13 nerable subpopulations that are at greater risk from

14 exposure to environmental pollutants;

15 ‘‘(2) adequate hazard data should be developed

16 with respect to the special vulnerability and exposure

17 to environmental pollutants of children and other

18 vulnerable subpopulations to better assess where,

19 and at what levels, children and other vulnerable

20 subpopulations are being exposed;

21 ‘‘(3) scientific research opportunities should be

22 identified by the Environmental Protection Agency

23 to study the health effects of cumulative and simul24 taneous exposures of children and other vulnerable

25 subpopulations to environmental pollutants;
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1 ‘‘(4) information should be made readily avail2 able by the Environmental Protection Agency to the

3 general public to advance the public’s right-to-know,

4 and allow the public to avoid unnecessary and invol5 untary exposure; and

6 ‘‘(5) a family right-to-know initiative should be

7 developed by the Environmental Protection Agency

8 to provide parents with basic information so the par9 ents can make informed choices to protect their chil10 dren from environmental health threats in their

11 homes, schools, and communities.

12 ‘‘SEC. 502. DEFINITIONS.

13 ‘‘In this title:

14 ‘‘(1) CHILDREN.—The term ‘children’ includes

15 adolescents and infants.

16 ‘‘(2) ENVIRONMENTAL POLLUTANT.—The term

17 ‘environmental pollutant’ means a hazardous sub18 stance, as defined in section 101 of the Comprehen19 sive Environmental Response, Compensation, and

20 Liability Act of 1980 (42 U.S.C. 9601), or a pes21 ticide, as defined in section 2 of the Federal Insecti22 cide, Fungicide, and Rodenticide Act (7 U.S.C.

23 136).

24 ‘‘(3) USER.—The term ‘user’ means any com25 mercial applicator of, or any person who applies, an
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1 environmental pollutant in a school, park, or public

2 area that is reasonably accessible to children.

3 ‘‘(4) VULNERABLE SUBPOPULATIONS.—The

4 term ‘vulnerable subpopulations’ means children,

5 pregnant women, the elderly, individuals with a his6 tory of serious illness, and other subpopulations

7 identified by the Administrator as likely to experi8 ence elevated health risks from environmental pollut9 ants.

10 ‘‘SEC. 503. FAMILY RIGHT-TO-KNOW INITIATIVE.

11 ‘‘(a) IN GENERAL.—The Administrator shall work

12 with each State to develop a family right-to-know initiative

13 in accordance with this section.

14 ‘‘(b) GRANTS.—

15 ‘‘(1) IN GENERAL.—The Administrator shall

16 make grants to States to develop and carry out a

17 family right-to-know initiative in accordance with

18 this section.

19 ‘‘(2) TERMS AND CONDITIONS.—Grants made

20 under this subsection shall be subject to such terms

21 and conditions as the Administrator establishes to

22 further the purposes of this title.

23 ‘‘(c) REQUIREMENTS OF INITIATIVE.—A State carry24 ing out a family right-to-know initiative shall—
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1 ‘‘(1) require that any user who applies an envi2 ronmental pollutant in a public area that is reason3 ably accessible to children complete a simple, easy4 to-understand form that provides the amount of en5 vironmental pollutant applied, where the environ6 mental pollutant was applied, and when the environ7 mental pollutant was applied;

8 ‘‘(2) work with the Administrator to—

9 ‘‘(A) develop a uniform definition of the

10 term ‘public area that is reasonably accessible

11 to children’ for purposes of this section, that

12 shall include, at a minimum, schools, shopping

13 malls, movie theaters, and parks;

14 ‘‘(B) develop a uniform form to be com15 pleted by users under paragraph (1);

16 ‘‘(C) determine the manner and length of

17 time of keeping the forms completed by users;

18 and

19 ‘‘(D) determine the format for reporting

20 information collected under paragraph (1) to

21 the public;

22 ‘‘(3) prepare annual State reports summarizing

23 the information collected under paragraph (1) for

24 distribution to the Administrator;
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1 ‘‘(4) provide the public with copies of annual

2 State reports and local recordkeeping for schools,

3 parks, and public areas;

4 ‘‘(5) make State reports available to the public

5 on the Internet;

6 ‘‘(6) provide the Administrator with such data

7 as the Administrator requests to prepare a nation8 wide survey under subsection (d); and

9 ‘‘(7) satisfy such other requirements as the Ad10 ministrator prescribes to carry out this section.

11 ‘‘(d) NATIONWIDE SURVEYS.—

12 ‘‘(1) IN GENERAL.—The Administrator shall

13 prepare a biennial nationwide survey of the informa14 tion collected under this section.

15 ‘‘(2) ASSESSMENT.—The nationwide survey

16 shall assess the extent to which environmental pol17 lutants are present in private office and commercial

18 buildings that are reasonably accessible to children.

19 ‘‘(3) RECOMMENDATION.—The nationwide sur20 vey shall recommend whether public recordkeeping

21 and public reporting concerning application of envi22 ronmental pollutants in areas that are reasonably

23 accessible to children should be required.

24 ‘‘(e) PUBLIC AVAILABILITY OF INFORMATION.—
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1 ‘‘(1) IN GENERAL.—On request by a member of

2 the public, the Administrator shall provide a copy of

3 any State report or nationwide survey prepared

4 under this section.

5 ‘‘(2) INTERNET.—The Administrator shall

6 make any State report or nationwide survey pre7 pared under this section available to the public on

8 the Internet.

9 ‘‘SEC. 504. SAFE SCHOOLS AND PARKS.

10 ‘‘(a) IN GENERAL.—Not later than 1 year after the

11 date of enactment of this title, the Administrator shall—

12 ‘‘(1) identify hazardous substances and pes13 ticides commonly used in schools and parks;

14 ‘‘(2) create, after peer review, a list of the sub15 stances identified in paragraph (1) with high hazard

16 health risks to children and other vulnerable sub17 populations;

18 ‘‘(3) make the list created under paragraph (2)

19 available to the public;

20 ‘‘(4) review the list created under paragraph (2)

21 on a biennial basis; and

22 ‘‘(5) develop and issue an Environmental Pro23 tection Agency approved sign and label for posting

24 by a school or park to indicate that high hazard en-
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1 vironmental pollutants were not used in the school

2 or park.

3 ‘‘(b) COOPERATION.—The Administrator shall work

4 with the Secretary of Health and Human Services, the

5 Secretary of Education, the Secretary of the Interior, and

6 the Secretary of Agriculture to ensure wide public dis7 tribution of the list created under subsection (a)(2).

8 ‘‘(c) COMPLIANCE BY SCHOOLS AND PARKS.—Not

9 later than 1 year after the list created under subsection

10 (a)(2) is made available to the public, the Administrator

11 shall prohibit a school or park from using any environ12 mental pollutant on the list.

13 ‘‘SEC. 505. RESEARCH TO IMPROVE INFORMATION ON EF14 FECTS ON CHILDREN.

15 ‘‘(a) TOXICITY DATA.—The Administrator, the Sec16 retary of Agriculture, and the Secretary of Health and

17 Human Services shall coordinate the development and im18 plementation of research studies to examine the physio19 logical and pharmacokinetic differences in the effects and

20 toxicity of pesticides (including active and inert ingredi21 ents) and other environmental pollutants on children and

22 other vulnerable subpopulations, as identified in the study

23 of the National Academy of Sciences entitled ‘Pesticides

24 in the Diets of Infants and Children’.
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1 ‘‘(b) EXPOSURE DATA.—The Administrator, the Sec2 retary of Agriculture, and the Secretary of Health and

3 Human Services shall conduct surveys and applied re4 search to document differences between children and

5 adults with respect to dietary, dermal, and inhalation ex6 posure to pesticides and other environmental pollutants.

7 ‘‘(c) BIENNIAL REPORTS.—The Administrator, the

8 Secretary of Agriculture, and the Secretary of Health and

9 Human Services shall submit biennial reports to Congress

10 on actions taken to carry out this section.

11 ‘‘SEC. 506. SAFEGUARDING CHILDREN AND OTHER VULNER12 ABLE SUBPOPULATIONS.

13 ‘‘(a) IN GENERAL.—The Administrator shall—

14 ‘‘(1) evaluate environmental health risks to vul15 nerable subpopulations in all of the risk assess16 ments, risk characterizations, environmental and

17 public health standards, and general regulatory deci18 sions carried out by the Administrator;

19 ‘‘(2) carry out paragraph (1) in accordance

20 with the policy of the Environmental Protection

21 Agency on the assessment of risks to children in ef22 fect on November 1, 1995; and

23 ‘‘(3) develop and use a separate assessment or

24 finding of risks to vulnerable subpopulations or pub-
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1 lish in the Federal Register an explanation of why

2 the separate assessment or finding is not used.

3 ‘‘(b) REEVALUATION OF CURRENT PUBLIC HEALTH

4 AND ENVIRONMENTAL STANDARDS.—

5 ‘‘(1) IN GENERAL.—As part of any risk assess6 ment, risk characterization, environmental or public

7 health standard, or general regulatory decision car8 ried out by the Administrator, the Administrator

9 shall evaluate the environmental health risks to chil10 dren and other vulnerable subpopulations.

11 ‘‘(2) IMPLEMENTATION.—In carrying out para12 graph (1), not later than 1 year after the date of en13 actment of this title, the Administrator shall—

14 ‘‘(A) develop an administrative strategy

15 and an administrative process for reviewing

16 standards;

17 ‘‘(B) identify a list of standards that may

18 need revision to ensure the protection of chil19 dren and vulnerable subpopulations;

20 ‘‘(C) prioritize the list according to the

21 standards that are most important for expe22 dited review to protect children and vulnerable

23 subpopulations;

24 ‘‘(D) identify which standards on the list

25 will require additional research in order to be
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1 reevaluated and outline the time and resources

2 required to carry out the research; and

3 ‘‘(E) identify, through public input and

4 peer review, not fewer than 5 public health and

5 environmental standards of the Environmental

6 Protection Agency to be repromulgated on an

7 expedited basis to meet the criteria of this sub8 section.

9 ‘‘(3) REVISED STANDARDS.—Not later than 6

10 years after the date of enactment of this title, the

11 Administrator shall propose not fewer than 5 revised

12 standards that meet the criteria of this subsection.

13 ‘‘(4) COMPLETED REVISION OF STANDARDS.—

14 Not later than 15 years after the date of enactment

15 of this title, the Administrator shall complete the re16 vision of standards in accordance with this sub17 section.

18 ‘‘(5) REPORT.—The Administrator shall report

19 to Congress on an annual basis on progress made by

20 the Administrator in carrying out the objectives and

21 policy of this subsection.

22 ‘‘SEC. 507. PUBLIC AVAILABILITY OF DATA.

23 ‘‘(a) DISCLOSURE OF HEALTH EFFECTS AND EXPO24 SURE DATA.—Subject to subsection (b), any data or infor25 mation known by a Federal agency concerning any test
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1 of a pesticide, residue of a pesticide, or other environ2 mental pollutant to determine the potential levels of expo3 sure or health effects shall be available for disclosure to

4 the public, except to the extent the data or information

5 relates to—

6 ‘‘(1) a manufacturing or quality control process;

7 ‘‘(2) a method for detecting the quantity of any

8 deliberately added inert ingredient of a chemical

9 substance other than a method for detecting a resi10 due of the inert ingredient in or on food; or

11 ‘‘(3) explicit information derived from a pes12 ticide use form submitted under section 1491 of the

13 Food, Agriculture, Conservation, and Trade Act of

14 1990 (7 U.S.C. 136i–1).

15 ‘‘(b) DATA AND INFORMATION SUBMITTED UNDER

16 FIFRA.—Any data or information described in subsection

17 (a) that was submitted to the Administrator under the

18 Federal Insecticide, Fungicide, and Rodenticide Act (7

19 U.S.C. 136 et seq.) shall be made available for disclosure

20 to the public in accordance with section 10 of the Act (7

21 U.S.C. 136h).

22 ‘‘(c) DISCLOSURE.—This section shall not restrict the

23 release of—
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1 ‘‘(1) information that is otherwise subject to

2 disclosure under section 552 of title 5, United States

3 Code; or

4 ‘‘(2) information available through—

5 ‘‘(A) a material safety data sheet;

6 ‘‘(B) published scientific literature; or

7 ‘‘(C) a government document.

8 ‘‘SEC. 508. AUTHORIZATION OF APPROPRIATIONS.

9 ‘‘There are authorized to be appropriated such sums

10 as are necessary to carry out this title.’’.

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