I

106TH CONGRESS

1ST SESSION H. R. 199

To protect children and other vulnerable subpopulations from exposure to

certain environmental pollutants, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 6, 1999

Mr. MORAN of Virginia introduced the following bill; which was referred to

the Committee on Commerce

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’’.

6 SEC. 2. ENVIRONMENTAL PROTECTION FOR CHILDREN.

7 (a) IN GENERAL.—The Toxic Substances Control Act

8 (15 U.S.C. 2601 et seq.) is amended by adding at the end

9 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 homes, communities, and neigh8 borhoods;

9 ‘‘(2) children eat more food, drink more fluids,

10 and breathe more air in proportion to their body

11 weight than adults;

12 ‘‘(3) these factors put children at greater risk

13 from environmental pollutants than adults, and as a

14 result children face unique health threats that need

15 special attention;

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

17 environmental pollutants conducted by the Environ18 mental Protection Agency do not clearly differentiate

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

20 ‘‘(5) a study conducted by the National Acad21 emy of Sciences on the effects of pesticides in the

22 diets of infants and children concluded that ap23 proaches to risk assessment typically do not consider

24 risks to children and, as a result, current standards
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1 and tolerances often fail to adequately protect in2 fants and children;

3 ‘‘(6) data are lacking that would allow adequate

4 quantification and evaluation of child-specific and

5 other vulnerable subpopulation-specific susceptibility

6 and exposure to environmental pollutants;

7 ‘‘(7) data are lacking that would allow adequate

8 quantification and evaluation of child-specific and

9 other vulnerable subpopulation-specific bioaccumula10 tion of environmental pollutants;

11 ‘‘(8) the absence of data precludes effective gov12 ernment regulation of environmental pollutants, and

13 denies individuals the ability to exercise a right to

14 know and make informed decisions to protect their

15 families; and

16 ‘‘(9) research must be coordinated within the

17 Environmental Protection Agency and other Federal

18 agencies to identify key data needs to ensure the

19 best science and to enhance the Nation’s under20 standing of environmental health and safety threats

21 to children.

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

23 that—

24 ‘‘(1) policies, programs, activities, and stand25 ards of the Environmental Protection Agency must
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1 address disproportionate risks to children that result

2 from environmental health risks;

3 ‘‘(2) information, including a safer-for-children

4 product list, should be made readily available by the

5 Environmental Protection Agency to the general

6 public and relevant Federal and State agencies to

7 advance the public’s right-to-know, and allow the

8 public to avoid unnecessary and involuntary expo9 sure; and

10 ‘‘(3) scientific research opportunities should be

11 identified by the Environmental Protection Agency,

12 the Department of Health and Human Services (in13 cluding the National Institute of Environmental

14 Health Sciences and the Agency for Toxic Sub15 stances and Disease Registry), the National Insti16 tutes of Health, and other Federal agencies, to study

17 the short-term and long-term health effects of cumu18 lative, simultaneous, and synergistic exposures of

19 children and other vulnerable subpopulations to envi20 ronmental pollutants.

21 ‘‘SEC. 502. DEFINITIONS.

22 ‘‘In this title:

23 ‘‘(1) AREAS THAT ARE REASONABLY ACCES24 SIBLE TO CHILDREN.—The term ‘areas that are rea25 sonably accessible to children’ means homes, schools,
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1 day care centers, shopping malls, movie theaters,

2 and parks.

3 ‘‘(2) CHILDREN.—The term ‘children’ means

4 individuals who are 18 years of age or younger.

5 ‘‘(3) ENVIRONMENTAL POLLUTANT.—The term

6 ‘environmental pollutant’ means a hazardous sub7 stance, as defined in section 101 of the Comprehen8 sive Environmental Response, Compensation, and

9 Liability Act of 1980 (42 U.S.C. 9601), or a pes10 ticide, as defined in section 2 of the Federal Insecti11 cide, Fungicide, and Rodenticide Act (7 U.S.C.

12 136).

13 ‘‘(4) FEDERAL PROPERTIES AND AREAS.—The

14 term ‘Federal properties and areas’ means areas

15 owned or controlled by the United States.

16 ‘‘(5) VULNERABLE SUBPOPULATIONS.—The

17 term ‘vulnerable subpopulations’ means children,

18 pregnant women, the elderly, individuals with a his19 tory of serious illness, and other subpopulations

20 identified by the Administrator as likely to experi21 ence elevated health risks from environmental pollut22 ants.

23 ‘‘SEC. 503. SAFEGUARDING CHILDREN AND OTHER VULNER24 ABLE SUBPOPULATIONS.

25 ‘‘(a) IN GENERAL.—The Administrator shall—
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1 ‘‘(1) consistently and explicitly evaluate and

2 consider environmental health risks to vulnerable

3 subpopulations in all of the risk assessments, risk

4 characterizations, environmental and public health

5 standards, and regulatory decisions carried out by

6 the Administrator;

7 ‘‘(2) ensure that all Environmental Protection

8 Agency standards protect children and other vulner9 able subpopulations with an adequate margin of

10 safety; and

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

12 finding of risks to vulnerable subpopulations or pub13 lish in the Federal Register an explanation of why

14 the separate assessment or finding is not used.

15 ‘‘(b) REEVALUATION OF CURRENT PUBLIC HEALTH

16 AND ENVIRONMENTAL STANDARDS.—

17 ‘‘(1) IN GENERAL.—As part of any risk assess18 ment, risk characterization, environmental or public

19 health standard or regulation, or general regulatory

20 decision carried out by the Administrator, the Ad21 ministrator shall evaluate and consider the environ22 mental health risks to children and other vulnerable

23 subpopulations.
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1 ‘‘(2) IMPLEMENTATION.—In carrying out para2 graph (1), not later than 1 year after the date of en3 actment of this title, the Administrator shall—

4 ‘‘(A) develop an administrative strategy

5 and an administrative process for reviewing

6 standards;

7 ‘‘(B) publish in the Federal Register a list

8 of standards that may need revision to ensure

9 the protection of children and vulnerable sub10 populations;

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

12 standards that are most important for expe13 dited review to protect children and vulnerable

14 subpopulations;

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

16 will require additional research in order to be

17 reevaluated and outline the time and resources

18 required to carry out the research; and

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

20 peer review, not fewer than 20 public health

21 and environmental standards of the Environ22 mental Protection Agency to be repromulgated

23 on an expedited basis to meet the criteria of

24 this subsection.
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1 ‘‘(3) REVISED STANDARDS.—Not later than 6

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

3 Administrator shall propose not fewer than 20 re4 vised standards that meet the criteria of this sub5 section.

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

7 Not later than 15 years after the date of enactment

8 of this title, the Administrator shall complete the re9 vision of all standards in accordance with this sub10 section.

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

12 to Congress on an annual basis on progress made by

13 the Administrator in carrying out the objectives and

14 policy of this subsection.

15 ‘‘SEC. 504. SAFER ENVIRONMENT FOR CHILDREN.

16 ‘‘Not later than 1 year after the date of enactment

17 of this title, the Administrator shall—

18 ‘‘(1) identify environmental pollutants com19 monly used or found in areas that are reasonably ac20 cessible to children;

21 ‘‘(2) create a scientifically peer reviewed list of

22 substances identified under paragraph (1) with

23 known, likely, or suspected health risks to children;

24 ‘‘(3) create a scientifically peer reviewed list of

25 safer-for-children substances and products rec-
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1 ommended by the Administrator for use in areas

2 that are reasonably accessible to children that, when

3 applied as recommended by the manufacturer, will

4 minimize potential risks to children from exposure to

5 environmental pollutants;

6 ‘‘(4) establish guidelines to help reduce and

7 eliminate exposure of children to environmental pol8 lutants in areas reasonably accessible to children, in9 cluding advice on how to establish an integrated pest

10 management program;

11 ‘‘(5) create a family right-to-know information

12 kit that includes a summary of helpful information

13 and guidance to families, such as the information

14 created under paragraph (3), the guidelines estab15 lished under paragraph (4), information on the po16 tential health effects of environmental pollutants,

17 practical suggestions on how parents may reduce

18 their children’s exposure to environmental pollut19 ants, and other relevant information, as determined

20 by the Administrator in cooperation with the Centers

21 for Disease Control;

22 ‘‘(6) make all information created pursuant to

23 this subsection available to Federal and State agen24 cies, the public, and on the Internet; and
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1 ‘‘(7) review and update the lists created under

2 paragraphs (2) and (3) at least once each year.

3 ‘‘SEC. 505. RESEARCH TO IMPROVE INFORMATION ON EF4 FECTS ON CHILDREN.

5 ‘‘(a) TOXICITY DATA.—The Administrator, the Sec6 retary of Agriculture, and the Secretary of Health and

7 Human Services shall coordinate and support the develop8 ment and implementation of basic and applied research

9 initiatives to examine the health effects and toxicity of pes10 ticides (including active and inert ingredients) and other

11 environmental pollutants on children and other vulnerable

12 subpopulations.

13 ‘‘(b) BIENNIAL REPORTS.—The Administrator, the

14 Secretary of Agriculture, and the Secretary of Health and

15 Human Services shall submit biennial reports to Congress

16 on actions taken to carry out this section.

17 ‘‘SEC. 506. AUTHORIZATION OF APPROPRIATIONS.

18 ‘‘There are authorized to be appropriated such sums

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

20 (b) TECHNICAL AMENDMENT.—The table of contents

21 of the Toxic Substances Control Act (contained in section

22 1 of such Act) is amended by adding at the end the follow23 ing:

‘‘TITLE V—ENVIRONMENTAL PROTECTION FOR CHILDREN

‘‘Sec. 501. Findings and policy.

‘‘Sec. 502. Definitions.

‘‘Sec. 503. Safeguarding children and other vulnerable subpopulations.
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‘‘Sec. 504. Safer environment for children.

‘‘Sec. 505. Research to improve information on effects on children.

‘‘Sec. 506. Authorization of appropriations.’’.

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