II 

109TH CONGRESS 

2D SESSION S. 4010 

To amend the Toxic Control Substance Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Emergency Planning and Right-To-Know Act of 1986, and the Federal Hazardous Substances Act, and to authorize the Administrator of the Environmental Protection Agency to provide grants to States to protect 

children and other vulnerable subpopulations from exposure to environmental pollutants, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 29, 2006 

Mr. MENENDEZ introduced the following bill; which was read twice and 

referred to the Committee on Environment and Public Works 

A BILL 

To amend the Toxic Control Substance Act, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, the Emergency Planning and RightTo-Know Act of 1986, and the Federal Hazardous Substances Act, and to authorize the Administrator of the 

Environmental Protection Agency to provide grants to 

States to protect children and other vulnerable subpopulations from exposure to 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Environmental Protection for Children Act of 2006’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ENVIRONMENTAL PROTECTIONS 

Sec. 101. Environmental protections for children and other vulnerable subpopulations. 

TITLE II—CHILDREN’S ENVIRONMENTAL HEALTH RESEARCH 

Sec. 201. Research to improve information on the effects of environmental pollutants on children. 

TITLE III—AWARENESS OF ENVIRONMENTAL RISKS TO 

CHILDREN 

Sec. 301. Short title. 

Sec. 302. Finding. 

Subtitle A—Disclosure of Industrial Releases That Present a Significant Risk 

to Children 

Sec. 311. Reporting requirements. 

Subtitle B—Disclosure of High Health Risk Chemicals in Children’s 

Consumer Products 

Sec. 321. List of toxic chemicals. 

Sec. 322. Reporting of toxic chemicals in consumer products. 

Sec. 323. Exemptions. 

Sec. 324. Private citizen enforcement. 

TITLE IV—ENVIRONMENTAL CONTAMINANT TESTING PROGRAM 

Sec. 401. Definitions. 

Sec. 402. Block grants. 

Sec. 403. Authorization of appropriations. 


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1 TITLE I—ENVIRONMENTAL 

2 PROTECTIONS 

3 SEC. 101. ENVIRONMENTAL PROTECTIONS FOR CHILDREN 

4 AND OTHER VULNERABLE SUBPOPULATIONS. 

5 (a) ENVIRONMENTAL PROTECTIONS.—The Toxic 

6 Substances Control Act (15 U.S.C. 2601 et seq.) is 

7 amended by adding at the end the following: 

8 ‘‘TITLE V—ENVIRONMENTAL 

9 PROTECTION FOR CHILDREN 

10 AND OTHER VULNERABLE 

11 SUBPOPULATIONS 

12 ‘‘SEC. 501. FINDINGS AND POLICY. 

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

14 ‘‘(1) the protection of the health and safety of 

15 the public depends on— 

16 ‘‘(A) the knowledge possessed by officials 

17 of the Federal Government and other persons 

18 relating to environmental pollutants that exist 

19 in the homes, schools, and communities of the 

20 United States; and 

21 ‘‘(B) the extent to which environmental 

22 pollutants present a special threat to the health 

23 of children and other vulnerable subpopulations; 

24 ‘‘(2) children— 


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1 ‘‘(A) spend much of their young lives in 

2 schools and day care centers; and 

3 ‘‘(B) may face significant exposure to envi4 ronmental pollutants in those locations; 

5 ‘‘(3) the metabolism, physiology, and diet of 

6 children, and exposure patterns of children to envi7 ronmental pollutants— 

8 ‘‘(A) differ from those of adults; and 

9 ‘‘(B) make children more susceptible than 

10 adults to the harmful effects of environmental 

11 pollutants; 

12 ‘‘(4) when establishing an environmental and 

13 public health standard for an environmental pollut14 ant, the Administrator often lacks a sufficient quan15 tity of data to evaluate the special susceptibility or 

16 exposure of children to environmental pollutants; 

17 ‘‘(5) when the Administrator lacks a sufficient 

18 quantity of data to evaluate the special susceptibility 

19 or exposure of children to an environmental pollut20 ant, the Administrator generally does not— 

21 ‘‘(A) presume that the environmental pol22 lutant presents a special risk to children; and 

23 ‘‘(B) apply a special or additional margin 

24 of safety to protect the health of children in esVerDate Aug 31 2005 02:14 Oct 05, 2006 Jkt 059196 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4010.IS S4010

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1 tablishing an environmental or public health 

2 standard for that pollutant; and 

3 ‘‘(6) safeguarding children from environmental 

4 pollutants requires— 

5 ‘‘(A) the systematic collection of data re6 lating to the special susceptibility and exposure 

7 of children to those pollutants; and 

8 ‘‘(B) the adoption of an additional safety 

9 factor of at least 10-fold in the establishment of 

10 environmental and public health standards 

11 when reliable data are not available. 

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

13 that— 

14 ‘‘(1) the public has a right to be informed 

15 about— 

16 ‘‘(A) each environmental pollutant to which 

17 children are being exposed in their homes, 

18 schools, and communities; and 

19 ‘‘(B) the manner by which an environ20 mental pollutant may present a special health 

21 threat to children and other vulnerable sub22 populations; 

23 ‘‘(2) each environmental and public health 

24 standard for an environmental pollutant established 

25 by the Administrator shall, with an adequate margin 


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1 of safety, protect children and other vulnerable sub2 populations; 

3 ‘‘(3) in a case in which data are insufficient to 

4 evaluate the special susceptibility and exposure of 

5 children (including exposure in utero) to an environ6 mental pollutant, the Administrator should— 

7 ‘‘(A) presume that the environmental pol8 lutant poses a special risk to children; and 

9 ‘‘(B) apply an appropriate additional mar10 gin of safety of at least 10-fold in establishing 

11 an environmental or public health standard for 

12 that environmental pollutant; 

13 ‘‘(4) because the task of identifying every con14 ceivable risk and addressing every uncertainty relat15 ing to pesticide use is difficult, the use of any dan16 gerous pesticide in every school and day care center 

17 in the United States should be eliminated; and 

18 ‘‘(5) the Environmental Protection Agency, the 

19 Department of Health and Human Services (includ20 ing the National Institute of Environmental Health 

21 Sciences and the Agency for Toxic Substances and 

22 Disease Registry), the National Institutes of Health, 

23 and other Federal agencies should support research 

24 relating to the short-term and long-term health ef25 fects of cumulative and synergistic exposures of chilVerDate Aug 31 2005 02:14 Oct 05, 2006 Jkt 059196 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4010.IS S4010

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1 dren and other vulnerable subpopulations to environ2 mental pollutants. 

3 ‘‘SEC. 502. DEFINITIONS. 

4 ‘‘In this title: 

5 ‘‘(1) CHILD.—The term ‘child’ means an indi6 vidual who is 18 years of age or younger. 

7 ‘‘(2) DAY CARE CENTER.—The term ‘day care 

8 center’ means a center-based child care provider that 

9 is licensed, regulated, or registered under applicable 

10 State or local law. 

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

12 ‘environmental pollutant’ means— 

13 ‘‘(A) a hazardous substance (as defined in 

14 section 101 of the Comprehensive Environ15 mental Response, Compensation, and Liability 

16 Act of 1980 (42 U.S.C. 9601)); 

17 ‘‘(B) a contaminant subject to regulation 

18 under the Safe Drinking Water Act (42 U.S.C. 

19 300f et seq.); 

20 ‘‘(C) an air pollutant subject to regulation 

21 under the Clean Air Act (42 U.S.C. 7401 et 

22 seq.); 

23 ‘‘(D) a water pollutant subject to regula24 tion under the Federal Water Pollution Control 

25 Act (33 U.S.C. 1251 et seq.); and 


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1 ‘‘(E) a pesticide subject to regulation 

2 under the Federal Insecticide, Fungicide, and 

3 Rodenticide Act (7 U.S.C. 136 et seq.). 

4 ‘‘(4) SCHOOL.—The term ‘school’ means— 

5 ‘‘(A) an elementary school (as defined in 

6 section 14101 of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 8801)); 

8 ‘‘(B) a secondary school (as defined in sec9 tion 14101 of that Act); 

10 ‘‘(C) a kindergarten; and 

11 ‘‘(D) a nursery school that is public or re12 ceives Federal funding. 

13 ‘‘(5) SECRETARY.—The term ‘Secretary’ means 

14 the Secretary of Health and Human Services. 

15 ‘‘(6) VULNERABLE SUBPOPULATION.—The 

16 term ‘vulnerable subpopulation’ means— 

17 ‘‘(A) children; 

18 ‘‘(B) pregnant women; 

19 ‘‘(C) elderly individuals; 

20 ‘‘(D) individuals with a history of serious 

21 illness; and 

22 ‘‘(E) any other subpopulation likely to ex23 perience a special risk from an environmental 

24 pollutant, as determined by the Administrator. 


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1 ‘‘SEC. 503. SAFEGUARDING CHILDREN AND OTHER VULNER2 ABLE SUBPOPULATIONS. 

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

4 ‘‘(1) ensure that each environmental and public 

5 health standard for an environmental pollutant pro6 tects children and other vulnerable subpopulations 

7 with an adequate margin of safety; 

8 ‘‘(2) explicitly evaluate data relating to the spe9 cial susceptibility and exposure of children to any 

10 environmental pollutant for which an environmental 

11 or public health standard is established; and 

12 ‘‘(3) adopt an additional margin of safety of at 

13 least 10-fold in the establishment of an environ14 mental or public health standard— 

15 ‘‘(A) for an environmental pollutant in the 

16 absence of reliable data relating to— 

17 ‘‘(i) the toxicity of the environmental 

18 pollutant; and 

19 ‘‘(ii) the potential risk of exposure of 

20 children to that environmental pollutant; 

21 or 

22 ‘‘(B) if there is a lack of reliable data re23 lating to the susceptibility of children to an en24 vironmental pollutant for which the environ25 mental or public health standard is being estab26 lished. 


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1 ‘‘(b) ESTABLISHING, MODIFYING, OR RE-EVALU2 ATING ENVIRONMENTAL AND PUBLIC HEALTH STAND3 ARDS.— 

4 ‘‘(1) IN GENERAL.—In establishing, modifying, 

5 or reevaluating any environmental or public health 

6 standard for an environmental pollutant under any 

7 law administered by the Administrator, the Adminis8 trator shall take into consideration available infor9 mation relating to— 

10 ‘‘(A) each route of exposure of a child to 

11 that environmental pollutant; and 

12 ‘‘(B) the special susceptibility of a child to 

13 that environmental pollutant, including— 

14 ‘‘(i) any neurological difference be15 tween children and adults; 

16 ‘‘(ii) the effect of in utero exposure to 

17 that environmental pollutant; and 

18 ‘‘(iii) the cumulative effect on a child 

19 of exposure to— 

20 ‘‘(I) that environmental pollut21 ant; and 

22 ‘‘(II) any other substance that 

23 has a common mechanism of toxicity. 

24 ‘‘(2) ADDITIONAL SAFETY MARGIN.—If any 

25 data described in paragraph (1) are not available to 


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1 the Administrator, the Administrator shall, in car2 rying out a risk assessment, risk characterization, or 

3 other assessment of risk underlying an environ4 mental or public health standard, adopt an addi5 tional margin of safety of at least 10-fold to take 

6 into account— 

7 ‘‘(A) potential pre-natal and post-natal 

8 toxicity of an environmental pollutant; and 

9 ‘‘(B) the completeness of data concerning 

10 the exposure and toxicity of an environmental 

11 pollutant to children. 

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

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

14 of this title, the Administrator shall— 

15 ‘‘(1) identify environmental pollutants com16 monly used or found in areas that are reasonably ac17 cessible to children; 

18 ‘‘(2) create a scientifically peer-reviewed list of 

19 substances identified under paragraph (1) with 

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

21 ‘‘(3) develop a scientifically peer reviewed list of 

22 safer-for-children substances and products rec23 ommended by the Administrator for use in areas 

24 that are reasonably accessible to children that, when 

25 applied as recommended by the manufacturer, will 


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1 minimize potential risks to children from exposure to 

2 environmental pollutants; 

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

4 eliminate exposure of children to environmental pol5 lutants in areas reasonably accessible to children, in6 cluding advice on how to establish an integrated pest 

7 management program; 

8 ‘‘(5) develop a family right-to-know information 

9 kit that includes a summary of helpful information 

10 and guidance for families, such as— 

11 ‘‘(A) the information developed under 

12 paragraph (3); 

13 ‘‘(B) the guidelines established under para14 graph (4); 

15 ‘‘(C) information on the potential health 

16 effects of environmental pollutants; 

17 ‘‘(D) practical suggestions on how parents 

18 may reduce the exposure of their children to en19 vironmental pollutants; and 

20 ‘‘(E) other information determined to be 

21 relevant by the Administrator, in cooperation 

22 with the Director of the Centers for Disease 

23 Control and Prevention; 


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1 ‘‘(6) make all information developed under this 

2 subsection available to Federal and State agencies, 

3 to the public, and on the Internet; and 

4 ‘‘(7) review and update the lists developed 

5 under paragraphs (2) and (3) at least annually. 

6 ‘‘SEC. 505. RESEARCH TO IMPROVE INFORMATION ON THE 

7 EFFECTS OF ENVIRONMENTAL POLLUTANTS 

8 ON CHILDREN. 

9 ‘‘(a) EXPOSURE AND TOXICITY DATA.—The Admin10 istrator, the Secretary of Agriculture, and the Secretary 

11 of Health and Human Services shall coordinate and sup12 port the development and implementation of basic and ap13 plied research initiatives to examine— 

14 ‘‘(1) the health effects and toxicity of pesticides 

15 (including active and inert ingredients) and other 

16 environmental pollutants on children and other vul17 nerable subpopulations; and 

18 ‘‘(2) the exposure of children and other vulner19 able subpopulations to environmental pollutants. 

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

21 Secretary of Agriculture, and the Secretary of Health and 

22 Human Services shall submit biennial reports to Congress 

23 describing actions taken to carry out this section.’’. 

24 (b) CONFORMING AMENDMENT.—The table of con25 tents contained in section 1 of the Toxic Substances ConVerDate Aug 31 2005 02:14 Oct 05, 2006 Jkt 059196 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4010.IS S4010

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1 trol Act (15 U.S.C. 2601 note) is amended by adding at 

2 the end the following: 

‘‘TITLE V—ENVIRONMENTAL PROTECTION FOR CHILDREN AND 

OTHER VULNERABLE SUBPOPULATIONS 

‘‘Sec. 501. Findings and policy. 

‘‘Sec. 502. Definitions. 

‘‘Sec. 503. Safeguarding children and other vulnerable subpopulations. 

‘‘Sec. 504. Safer environment for children. 

‘‘Sec. 505. Research to improve information on the effects of environmental pollutants on children.’’. 

3 TITLE II—CHILDREN’S ENVIRON4 MENTAL HEALTH RESEARCH 

5 SEC. 201. RESEARCH TO IMPROVE INFORMATION ON THE 

6 EFFECTS OF ENVIRONMENTAL POLLUTANTS 

7 ON CHILDREN. 

8 The Comprehensive Environmental Response, Com9 pensation, and Liability Act of 1980 (42 U.S.C. 9601 et 

10 seq.) is amended by adding at the end the following: 

11 ‘‘TITLE V—CHILDREN’S ENVI12 RONMENTAL HEALTH RE13 SEARCH 

14 ‘‘SEC. 501. CHILDREN’S ENVIRONMENTAL HEALTH. 

15 ‘‘(a) IDENTIFICATION AND EVALUATION OF SUB16 STANCES HAZARDOUS TO CHILDREN.— 

17 ‘‘(1) HAZARDOUS SUBSTANCE LIST.— 

18 ‘‘(A) IN GENERAL.—Not later than 1 year 

19 after the date of enactment of this title, the Ad20 ministrator of the Agency for Toxic Substances 


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1 and Disease Registry and the Administrator 

2 shall jointly develop a hazardous substance list. 

3 ‘‘(B) CONTENTS.—The hazardous sub4 stance list under subparagraph (A) shall be 

5 composed of a scientifically peer-reviewed list of 

6 environmental pollutants— 

7 ‘‘(i) that are commonly found at fa8 cilities listed or proposed for listing on the 

9 National Priorities List developed by the 

10 President in accordance with section 

11 105(a)(8)(B) of the Comprehensive Envi12 ronmental Response, Compensation, and 

13 Liability Act of 1980 (42 U.S.C. 

14 9605(a)(8)(B)); and 

15 ‘‘(ii) with known, likely, or suspected 

16 health risks to which fetuses and children 

17 are especially susceptible. 

18 ‘‘(C) REVISION OF LIST.—Not later than 2 

19 years after the date on which the development 

20 of a hazardous substance list under subpara21 graph (A) is complete, and every 2 years there22 after, the Administrator of the Agency for 

23 Toxic Substances and Disease Registry and the 

24 Administrator shall jointly review and revise the 

25 list. 


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1 ‘‘(2) REVISION OF GUIDELINES FOR PREPARA2 TION OF TOXICOLOGICAL PROFILES.—Not later than 

3 1 year after the date of enactment of this title, the 

4 Administrator of the Agency for Toxic Substances 

5 and Disease Registry and the Administrator shall 

6 jointly revise the guidelines for the preparation of a 

7 toxicological profile of a hazardous substance under 

8 section 104(i)(3) of the Comprehensive Environ9 mental Response, Compensation, and Liability Act 

10 of 1980 (42 U.S.C. 9604(i)(3)) to include— 

11 ‘‘(A) a consideration of each exposure 

12 pathway and health effect relating to fetuses 

13 and children; 

14 ‘‘(B) an identification of exposure levels 

15 specific to different age ranges, as appropriate; 

16 and 

17 ‘‘(C) an identification of priority data 

18 needs specifically relating to the environmental 

19 heath of fetuses and children. 

20 ‘‘(3) PREPARATION AND REVISION OF TOXI21 COLOGICAL PROFILES.— 

22 ‘‘(A) IN GENERAL.—Not later than 3 years 

23 after the date of enactment of this title, the Ad24 ministrator of the Agency for Toxic Substances 

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1 ically peer-reviewed toxicological profile of each 

2 hazardous substance listed pursuant to para3 graph (1). 

4 ‘‘(B) METHOD OF DETERMINATION.—In 

5 preparing a toxicological profile under subpara6 graph (A), the Administrator of the Agency for 

7 Toxic Substances and Disease Registry shall 

8 follow each guideline requirement described in 

9 paragraph (2). 

10 ‘‘(C) REVISION OF PROFILES.—Not later 

11 than 5 years after the date of completion of 

12 each toxicological profile under subparagraph 

13 (A), and every 5 years thereafter, the Adminis14 trator of the Agency for Toxic Substances and 

15 Disease Registry shall review and revise the 

16 profile. 

17 ‘‘(b) REVISION OF PUBLIC HEALTH AND ENVIRON18 MENTAL STANDARDS.— 

19 ‘‘(1) IN GENERAL.—The Administrator or the 

20 Secretary of Health and Human Services (referred 

21 to in this subsection as the Secretary) shall review 

22 and revise, as necessary, each environmental and 

23 public health regulation, risk assessment policy and 

24 procedure, and guidance document issued or used 

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1 mental and public health regulation, risk assessment 

2 policy and procedure, and guidance document con3 siders and fully protects the health of fetuses and 

4 children. 

5 ‘‘(2) REVIEW.—In carrying out a review or re6 vision under paragraph (1), not later than 1 year 

7 after the date of enactment of this title, the Admin8 istrator, in cooperation with the Secretary, shall— 

9 ‘‘(A) develop an administrative process for 

10 reviewing regulations, risk assessment policies 

11 and procedures, and guidance documents; 

12 ‘‘(B) develop a peer-reviewed list that— 

13 ‘‘(i) contains regulations, risk assess14 ment policies and procedures, and guidance 

15 documents that require revision; and 

16 ‘‘(ii) is prioritized based on the degree 

17 of risk posed to the health of fetuses and 

18 children; and 

19 ‘‘(C) identify— 

20 ‘‘(i) through peer review, which regu21 lations, risk assessment policies and proce22 dures, and guidance documents on the list 

23 described in subparagraph (B) will require 

24 additional research to be revised; and 


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1 ‘‘(ii) the quantity of time and re2 sources required to carry out the necessary 

3 research under clause (i). 

4 ‘‘(3) REVISION.— 

5 ‘‘(A) IN GENERAL.—Not later than 3 years 

6 after the date of enactment of this title, the Ad7 ministrator shall propose revised versions of 

8 each regulation, risk assessment policy and pro9 cedure, or guidance document that— 

10 ‘‘(i) was identified under paragraph 

11 (2)(B); but 

12 ‘‘(ii) was not identified under para13 graph (2)(C). 

14 ‘‘(B) REVISION OF REGULATIONS, POLI15 CIES AND PROCEDURES, AND DOCUMENTS NOT

16 REQUIRING ADDITIONAL RESEARCH.—Not later 

17 than 5 years after the date of developing a pro18 posal of revised versions of regulations, risk as19 sessment policies and procedures, and guidance 

20 documents under subparagraph (A), the Admin21 istrator shall issue final versions of each regula22 tion, policy and procedure, and guidance docu23 ment proposed under that subparagraph. 

24 ‘‘(C) REVIEW OF REGULATIONS, POLICIES

25 AND PROCEDURES, AND DOCUMENTS.—Not 


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1 later than 6 years after the date of enactment 

2 of this title, the Administrator shall review each 

3 regulation, policy and procedure, and document 

4 described in paragraph (2)(A) and revised 

5 under this subsection. 

6 ‘‘(4) EFFECTIVE DATE.—Notwithstanding any 

7 other provision of law, if the Administrator or the 

8 Secretary revises any regulation, risk assessment 

9 policy or procedure, or guidance document identified 

10 under paragraph (2)(B), the effective date of that 

11 revision shall be not later than 1 year after the date 

12 of issuance of that revision. 

13 ‘‘(5) REPORT.—Not later than 2 years after the 

14 date of enactment of this title, and every 2 years 

15 thereafter, the Administrator shall submit to Con16 gress a report describing the progress made in car17 rying out this subsection. 

18 ‘‘(c) CONSIDERATION OF CHILDREN’S HEALTH IN

19 HEALTH ASSESSMENTS.—In conducting a health assess20 ment at a facility, the Administrator of the Agency for 

21 Toxic Substances and Disease Registry shall, at a min22 imum— 

23 ‘‘(1) consider the potential risk to the health of 

24 fetuses and children posed by the facility (including 


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1 any long-term, synergistic, or cumulative health ef2 fect); 

3 ‘‘(2) consider the existence of any potential ex4 posure pathway that is of particular concern with re5 spect to fetuses and children; and 

6 ‘‘(3) include a comparison between— 

7 ‘‘(A) the expected exposure levels for chil8 dren posed by a release of an environmental 

9 pollutant from the facility; and 

10 ‘‘(B) any recommended child-specific expo11 sure or tolerance levels. 

12 ‘‘(d) CHILDREN’S ENVIRONMENTAL HEALTH RE13 SEARCH.— 

14 ‘‘(1) IN GENERAL.—The Administrator of the 

15 Agency Toxic Substances and Disease Registery 

16 shall incorporate each environmental health concern 

17 relating to fetuses and children into each health 

18 study and research program conducted pursuant to 

19 sections 104(i) (5) and (7) of the Comprehensive 

20 Environmental Response, Compensation, and Liabil21 ity Act of 1980 (42 U.S.C. 9604(i) (5) and (7)), and 

22 any other health research initiative conducted pursu23 ant to this Act— 


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1 ‘‘(A) to address any priority data need 

2 identified in each toxicological profile prepared 

3 pursuant to subsection (a)(3); and 

4 ‘‘(B) to obtain additional information re5 lating to the health effects of hazardous sub6 stances on fetuses and children. 

7 ‘‘(2) GUIDELINES.—Not later than 1 year after 

8 the date of enactment of this title, the Administrator 

9 of the Agency for Toxic Substances and Disease 

10 Registry, in cooperation with the Administrator, the 

11 Centers for Disease Control and Prevention, the Di12 rector of the National Institute of Environmental 

13 Health Sciences, and the Director of the Indian 

14 Health Service, shall develop guidelines for address15 ing issues relating to the health of fetuses and chil16 dren in health studies and research programs, in17 cluding each study and program conducted by— 

18 ‘‘(A) the Agency for Toxic Substances and 

19 Disease Registry; 

20 ‘‘(B) other Federal agencies; 

21 ‘‘(C) State departments of public health; 

22 and 

23 ‘‘(D) university-based investigators. 

24 ‘‘(3) CHILD-SPECIFIC HEALTH STUDIES.—Not 

25 later than 1 year after the date of enactment of this 


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1 title, the Administrator of the Agency for Toxic Sub2 stances and Disease Registry, in cooperation with 

3 the Administrator, the Centers for Disease Control 

4 and Prevention, the Director of the National Insti5 tute of Environmental Health Sciences, and the Di6 rector of the Indian Health Service shall develop cri7 teria for determining the timing and types of child8 specific health studies that shall be conducted based 

9 on the results of a health assessment under sub10 section (c). 

11 ‘‘(4) COSTS.—It is the sense of Congress that 

12 the cost of any research program under this sub13 section should be paid by the manufacturer and 

14 processor of each hazardous substance that is a sub15 ject of the research in accordance with regulations 

16 promulgated under section 104(i)(5)(D) of the Com17 prehensive Environmental Response, Compensation, 

18 and Liability Act of 1980 (42 U.S.C. 

19 9604(i)(3)(D)). 

20 ‘‘(e) NATIONAL CHILDREN’S EXPOSURE REG21 ISTRY.—Not later than 2 years after the date of enact22 ment of this title, the Administrator of the Agency for 

23 Toxic Substances and Disease Registry, in cooperation 

24 with the States, shall establish and maintain an exposure 

25 registry for all children exposed to hazardous substances 


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1 as the result of a release at a facility listed on the National 

2 Priorities List developed by the President in accordance 

3 with section 105(a)(8)(B) of the Comprehensive Environ4 mental Response, Compensation, and Liability Act of 

5 1980 (42 U.S.C. 9605(a)(8)(B)), in any case in which the 

6 Agency for Toxic Substances and Disease Registry deter7 mines that levels of exposure are significant with respect 

8 to the health of children. 

9 ‘‘(f) CHILDREN’S ENVIRONMENTAL HEALTH EDU10 CATION PROGRAM.—Not later than 3 years after the date 

11 of enactment of this title, the Administrator of the Agency 

12 for Toxic Substances and Disease Registry, in cooperation 

13 with the Administrator, the Centers for Disease Control 

14 and Prevention, the Director of the National Institute of 

15 Environmental Health Sciences, and the Director of the 

16 Indian Health Service, shall— 

17 ‘‘(1) assemble, develop as necessary, and dis18 tribute to State health departments, tribal health of19 ficials, waste site information offices, school dis20 tricts, health clinics, medical colleges, and, upon re21 quest, to physicians and other health professionals, 

22 appropriate educational materials (including short 

23 courses) relating to the medical surveillance, screen24 ing, and methods of diagnosis and treatment of in25 jury or disease relating to exposure to hazardous 


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1 substances that are of particular concern to fetuses 

2 and children; 

3 ‘‘(2) wherever health services are being provided 

4 pursuant to section 104(i)(15)(C) of the Comprehen5 sive Environmental Response, Compensation, and 

6 Liability Act of 1980 (42 U.S.C. 9604(i)(15)(C)), 

7 develop and carry out a children’s environmental 

8 health care training program for health care pro9 viders serving communities affected by the release of 

10 hazardous substances (including training in tech11 niques for assessing exposure of children to haz12 ardous substances and methods of diagnosis and 

13 treatment of injury or disease relating to exposure 

14 to hazardous substances that are of particular con15 cern to fetuses and children) and primary preven16 tion; and 

17 ‘‘(3) develop and distribute to State health de18 partments, tribal health officials, waste site informa19 tion offices, school districts, health clinics, and, upon 

20 request, to medical colleges, physicians, and other 

21 health professionals, a family right-to-know informa22 tion kit that includes helpful information and guid23 ance to families relating to the environmental health 

24 of children, including— 


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1 ‘‘(A) information relating to the potential 

2 health effects of exposure to hazardous sub3 stances; 

4 ‘‘(B) practical suggestions on the means by 

5 which parents may reduce the potential expo6 sure of their children to hazardous substances; 

7 ‘‘(C) the rights of families living in af8 fected communities to receive health services 

9 under section 104(i)(15)(C) of the Comprehen10 sive Environmental Response, Compensation, 

11 and Liability Act of 1980 (42 U.S.C. 

12 9604(i)(15)(C)); 

13 ‘‘(D) the means by which families may ob14 tain additional information relating to the envi15 ronmental health of children; and 

16 ‘‘(E) other relevant information, as deter17 mined by the Administrator. 

18 ‘‘(g) PEDIATRIC PEER REVIEW.— 

19 ‘‘(1) IN GENERAL.—The Administrator of the 

20 Agency for Toxic Substances and Disease Registry 

21 and the Administrator shall adopt or report each 

22 list, profile, study, or result of any research con23 ducted under this section only after appropriate peer 

24 review (including review by pediatricians and envi25 ronmental health specialists) of the list, profile, 


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1 study, or result of any research conducted under this 

2 section has occurred. 

3 ‘‘(2) REVIEW PANELS.— 

4 ‘‘(A) IN GENERAL.—To facilitate the con5 duct of peer review described in paragraph (1), 

6 the Administrator of the Agency for Toxic Sub7 stances and Disease Registry and the Adminis8 trator may establish a review panel composed of 

9 not less than 3 members, as the Administrator 

10 of the Agency for Toxic Substances and Disease 

11 Registry and the Administrator determine to be 

12 appropriate. 

13 ‘‘(B) MEMBERSHIP.—The Administrator of 

14 the Agency for Toxic Substances and Disease 

15 Registry and the Administrator shall ensure 

16 that members appointed to a review panel 

17 under subparagraph (A) demonstrate— 

18 ‘‘(i) scientific expertise, knowledge, 

19 and experience relevant to the subject of 

20 the review; 

21 ‘‘(ii) scientific credibility and impar22 tiality; and 

23 ‘‘(iii) an absence of any conflict of in24 terest or institutional relationship with any 

25 person involved— 


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1 ‘‘(I) in the conduct of the study 

2 or research under review; and 

3 ‘‘(II) with the manufacture, proc4 essing, marketing, or distribution of 

5 the hazardous substance, pollutant, or 

6 contaminant under investigation. 

7 ‘‘SEC. 502. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘There are authorized to be appropriated such sums 

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

10 TITLE III—AWARENESS OF ENVI11 RONMENTAL RISKS TO CHIL12 DREN 

13 SEC. 301. SHORT TITLE. 

14 This title may be cited as the ‘‘Children’s Environ15 mental Protection and Right to Know Act’’. 

16 SEC. 302. FINDING. 

17 Congress finds that requirements to disclose informa18 tion about environmental risks will improve health and 

19 safety by— 

20 (1) prompting persons causing those risks to re21 duce the risks; and 

22 (2) enabling individuals to take actions to pro23 tect themselves from those risks. 


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1 Subtitle A—Disclosure of Industrial 

2 Releases That Present a Signifi3 cant Risk to Children 

4 SEC. 311. REPORTING REQUIREMENTS. 

5 (a) IN GENERAL.—Section 313(f) of the Emergency 

6 Planning and Community Right-To-Know Act of 1986 (42 

7 U.S.C. 11023(f)) is amended by striking paragraph (1) 

8 and inserting the following: 

9 ‘‘(1) IN GENERAL.— 

10 ‘‘(A) TOXIC CHEMICAL THRESHOLD QUAN11 TITY.—The threshold quantities for purposes of 

12 reporting toxic chemicals under this section are 

13 as follows: 

14 ‘‘(i) TOXIC CHEMICALS USED AT FA15 CILITIES.—The threshold quantity of a 

16 toxic chemical used at a facility shall be 

17 10,000 pounds of the toxic chemical per 

18 year. 

19 ‘‘(ii) MANUFACTURED OR PROCESSED

20 TOXIC CHEMICALS.—The threshold quan21 tity of a toxic chemical manufactured or 

22 processed at a facility shall be— 

23 ‘‘(I) 75,000 pounds of a toxic 

24 chemical per year, for any toxic chem25 ical for which a toxic chemical release 


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1 form is required to be submitted 

2 under this section on or before July 1, 

3 1988; 

4 ‘‘(II) 50,000 pounds of a toxic 

5 chemical per year, for any toxic chem6 ical for which a toxic chemical release 

7 form is required to be submitted dur8 ing the period beginning July 2, 1988, 

9 and ending July 1, 1989; and 

10 ‘‘(III) 25,000 pounds of a toxic 

11 chemical per year, for any toxic chem12 ical for which any toxic release form 

13 is required to be submitted on or after 

14 July 2, 1989. 

15 ‘‘(B) TOXIC CHEMICALS RELEASED FROM

16 FACILITIES.— 

17 ‘‘(i) TOXIC CHEMICAL THRESHOLD

18 PROGRAM.— 

19 ‘‘(I) ESTABLISHMENT.—Not 

20 later than 2 years after the date of 

21 enactment of the Children’s Environ22 mental Protection and Right to Know 

23 Act, subject to clause (ii) and in addi24 tion to the reporting thresholds for 

25 the toxic chemicals specified in subVerDate Aug 31 2005 02:14 Oct 05, 2006 Jkt 059196 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S4010.IS S4010

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1 clause (II), the Administrator shall es2 tablish a reporting threshold for each 

3 toxic chemical that the Administrator 

4 determines may present a significant 

5 risk to children’s health or the envi6 ronment due to, as determined by— 

7 ‘‘(aa) the persistent use or 

8 existence of the toxic chemical in 

9 the environment; 

10 ‘‘(bb) the potential of the 

11 toxic chemical to bioaccumulate 

12 or disrupt endocrine systems; or 

13 ‘‘(cc) other characteristics of 

14 the toxic chemical. 

15 ‘‘(II) TOXIC CHEMICALS IN16 CLUDED.—The Administrator shall 

17 establish a reporting threshold under 

18 subclause (I) for— 

19 ‘‘(aa) lead; 

20 ‘‘(bb) mercury; 

21 ‘‘(cc) dioxin; 

22 ‘‘(dd) cadmium; 

23 ‘‘(ee) chromium; and 

24 ‘‘(ff) each substance identi25 fied as a bioaccumulative chemVerDate Aug 31 2005 02:14 Oct 05, 2006 Jkt 059196 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\S4010.IS S4010

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1 ical of concern in the final rule 

2 promulgated by the Adminis3 trator entitled ‘Water Quality 

4 Guidance for the Great Lakes 

5 System, Part III’ (60 Fed. Reg. 

6 15336 (March 23, 1995)). 

7 ‘‘(ii) THRESHOLD QUANTITY.—The 

8 Administrator shall establish by regulation 

9 each threshold quantity for a toxic chem10 ical described in clause (i) at a level that, 

11 as determined by the Administrator, will 

12 ensure reporting of at least 80 percent of 

13 the aggregate of all releases of the toxic 

14 chemical from facilities that— 

15 ‘‘(I) have 10 or more full-time 

16 employees; and 

17 ‘‘(II) are designated with any of 

18 Standard Industrial Classification 

19 Codes 20 through 39 or any of the 

20 Standard Industrial Classification 

21 Codes added under subsection 

22 (b)(1)(B).’’. 

23 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 313 of the Emergency Planning and 

2 Community Right-To-Know Act of 1986 (42 U.S.C. 

3 11023) is amended— 

4 (A) in subsections (a) and (b)(1)(A), by 

5 striking ‘‘or otherwise used’’ each place it ap6 pears and inserting ‘‘otherwise used, or re7 leased’’; 

8 (B) in subsection (c)— 

9 (i) by striking ‘‘are those chemicals’’ 

10 and inserting the following: ‘‘are— 

11 ‘‘(1) those chemicals;’’; 

12 (ii) by striking the period at the end 

13 and inserting ‘‘; and’’; and 

14 (iii) by adding at the end the fol15 lowing: 

16 ‘‘(2) dioxin and each other substance identified 

17 as a bioaccumulative chemical of concern in the final 

18 rule promulgated by the Administrator entitled 

19 ‘Water Quality Guidance for the Great Lakes Sys20 tem, Part III’ (60 Fed. Reg. 15336 (March 23, 

21 1995)).’’; and 

22 (C) in the first sentence of subsection 

23 (f)(2), by striking ‘‘paragraph (1)’’ and insert24 ing ‘‘subparagraph (A) or (B) of paragraph 

25 (1)’’. 


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1 (2) Section 326(a)(1)(B) of the Emergency 

2 Planning and Community Right-To-Know Act of 

3 1986 (42 U.S.C. 11046(a)(1)(B)) is amended by 

4 adding at the end the following: 

5 ‘‘(vii) Establish reporting thresholds 

6 for chemicals referred to in section 

7 313(f)(1)(C).’’. 

8 Subtitle B—Disclosure of High 

9 Health Risk Chemicals in Chil10 dren’s Consumer Products 

11 SEC. 321. LIST OF TOXIC CHEMICALS. 

12 (a) DEFINITION OF ELIGIBLE PRODUCT.—Section 2 

13 of the Federal Hazardous Substances Act (15 U.S.C. 

14 1261) is amended by adding at the end the following: 

15 ‘‘(u) ELIGIBLE PRODUCT.— 

16 ‘‘(1) IN GENERAL.—Except as provided in para17 graph (2), the term ‘eligible product’ means any toy 

18 or other article intended for use by children. 

19 ‘‘(2) EXCEPTION.—On and after the date that 

20 is 3 years after the date of enactment of this sub21 section, the term ‘eligible product’ means any con22 sumer product (as defined in section 3 of the Con23 sumer Product Safety Act (15 U.S.C. 2052)).’’. 


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1 (b) LIST OF TOXIC CHEMICALS.—Section 3 of the 

2 Federal Hazardous Substances Act (15 U.S.C. 1262) is 

3 amended by adding at the end the following: 

4 ‘‘(k) LIST OF TOXIC CHEMICALS.— 

5 ‘‘(1) DEFINITIONS.—In this subsection: 

6 ‘‘(A) ADMINISTRATOR.—The term ‘Admin7 istrator’ means the Administrator of the Envi8 ronmental Protection Agency. 

9 ‘‘(B) CHAIRMAN.—The term ‘Chairman’ 

10 means the Chairman of the Consumer Product 

11 Safety Commission. 

12 ‘‘(2) LIST.—Not later than 1 year after the 

13 date of enactment of this subsection, the Adminis14 trator, acting jointly with the Chairman, shall pub15 lish in the Federal Register a list of substances or 

16 mixtures of substances that have been determined by 

17 the Administrator and the Chairman to be toxic to 

18 children due to their carcinogenic, neurotoxic, or re19 productive toxic effects. 

20 ‘‘(3) SUBSTANCES AND INFORMATION TO BE

21 INCLUDED.—The list under that paragraph shall in22 clude— 

23 ‘‘(A)(i) any chemical that has been identi24 fied by a Federal agency as being a carcinogen, 

25 neurotoxin, or reproductive toxin; 


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1 ‘‘(ii) each chemical identified as a Group A 

2 or Group B carcinogen in the notice published 

3 by the Administrator entitled ‘Regulation of 

4 Pesticides in Food: Addressing the Delaney 

5 Paradox Policy Statement’ (53 Fed. Reg. 

6 41118 (October 19, 1988)); 

7 ‘‘(iii) each chemical that adversely affects 

8 the nervous system of children, as identified in 

9 criteria documents of the National Institute for 

10 Occupational Safety and Health; 

11 ‘‘(iv) each chemical identified by the Con12 sumer Product Safety Commission as having 

13 sufficient evidence to demonstrate— 

14 ‘‘(I) carcinogenicity in humans or ani15 mals; 

16 ‘‘(II) neurotoxicity in humans or ani17 mals; 

18 ‘‘(III) human developmental toxicity; 

19 or 

20 ‘‘(IV) male or female reproductive tox21 icity in humans or animals; 

22 ‘‘(v) each chemical regulated as a 

23 neurotoxin, reproductive toxin, or developmental 

24 toxin by the Administrator; and 


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1 ‘‘(vi) each chemical on the Biennial List of 

2 Carcinogens submitted to Congress by the Sec3 retary of Health and Human Services; and 

4 ‘‘(B) such reasonably available information on 

5 adverse health effects of any substance or mixture of 

6 substances as was used to determine whether to in7 clude the substance or mixture on the list required 

8 under paragraph (2). 

9 ‘‘(4) DATA.—In carrying out paragraph (3), the 

10 Secretary and the Chairman shall require manufac11 turers and importers of substances and mixtures of 

12 substances on the list required under paragraph (2) 

13 to generate, and shall obtain from any Federal, 

14 State, or local government, such data as are suffi15 cient to identify substances or mixtures of sub16 stances— 

17 ‘‘(A) that are toxic within the meaning of 

18 paragraph (2); and 

19 ‘‘(B) to which infants and young children 

20 are exposed. 

21 ‘‘(l) CHEMICAL TESTING AND RISK ASSESSMENT.— 

22 As soon as practicable after the date of enactment of this 

23 subsection, the Administrator of the Environmental Pro24 tection Agency, in consultation with experts in pediatric 

25 toxicology and exposure, shall develop and implement new 


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1 short-term and long-term strategies for more comprehen2 sive chemical testing and risk assessment to ensure that 

3 risks of exposure to children (including exposure to chil4 dren in utero) are, to the maximum extent practicable, 

5 fully understood.’’. 

6 SEC. 322. REPORTING OF TOXIC CHEMICALS IN CONSUMER 

7 PRODUCTS. 

8 (a) REPORTING.—The Federal Hazardous Sub9 stances Act (15 U.S.C. 1261 et seq.) is amended by add10 ing at the end the following: 

11 ‘‘SEC. 25. REPORTING OF TOXIC CHEMICALS. 

12 ‘‘(a) IN GENERAL.—A manufacturer or importer of 

13 any eligible product that contains, or is composed of, a 

14 substance or mixture of substances listed under section 

15 3(k) shall submit to the Commission a report that de16 scribes each of the following: 

17 ‘‘(1) The identity of the manufacturer or im18 porter of the eligible product. 

19 ‘‘(2) A description of the eligible product (in20 cluding any model name and model number of the 

21 eligible product). 

22 ‘‘(3) The identity of the substance or mixture 

23 of substances listed under section 3(k) (including the 

24 concentration of the substance or mixture in the eli25 gible product). 


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1 ‘‘(4) Any information known to the manufac2 turer or importer that would support a determina3 tion that the eligible product is not a misbranded 

4 hazardous substance or a banned hazardous sub5 stance. 

6 ‘‘(5) Such data as are generated by the manu7 facturer or importer as are sufficient to identify any 

8 substances or mixtures of substances manufactured 

9 or imported that are toxic to children, as described 

10 in section 3(k)(2). 

11 ‘‘(b) PUBLICATION.—The Commission shall annually 

12 publish in the Federal Register, and make available to the 

13 public in an electronic format, the information submitted 

14 under subsection (a). 

15 ‘‘(c) REGULATIONS.—The Commission shall promul16 gate such regulations as necessary to carry out this sec17 tion. 

18 ‘‘(d) APPLICATION OF SECTION.—Subsection (a) 

19 shall apply to a substance or mixture of substances listed 

20 under section 3(k) beginning on the date that is 1 year 

21 after the date on which the substance or mixture of sub22 stances is listed under that section.’’. 

23 (b) PROHIBITED ACTS.— 


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1 (1) IN GENERAL.—Section 4 of the Federal 

2 Hazardous Substances Act (15 U.S.C. 1263) is 

3 amended by adding at the end the following: 

4 ‘‘(l) The failure to report as required under section 

5 25.’’. 

6 (2) CONFORMING AMENDMENT.—Section 

7 5(c)(1) of the Federal Hazardous Substances Act 

8 (15 U.S.C. 1264(c)(1)) is amended in the second 

9 sentence by striking ‘‘and (k)’’ and inserting ‘‘(k), 

10 and (l)’’. 

11 SEC. 323. EXEMPTIONS. 

12 (a) IN GENERAL.—Section 3(c) of the Federal Haz13 ardous Substances Act (15 U.S.C. 1262(c)) is amended— 

14 (1) by striking ‘‘(c) If the Commission finds’’ 

15 and inserting the following: 

16 ‘‘(c) EXEMPTION FROM REQUIREMENTS BY REGULA17 TION.— 

18 ‘‘(1) IN GENERAL.—If the Commission deter19 mines’’; and 

20 (2) by adding at the end the following: 

21 ‘‘(2) ADDITIONAL REGULATIONS.—In addition 

22 to regulations promulgated under paragraph (1), the 

23 Commission may promulgate regulations exempting 

24 from the reporting requirements of section 25 any 

25 substance or mixture of substances. 


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1 ‘‘(3) APPLICABILITY.—This subsection shall not 

2 apply to any substance or mixture of substances un3 less the Commission determines that the substance 

4 or mixture would not, by reason of containing a sub5 stance or mixture of substances listed under section 

6 3(k), cause substantial personal injury or substantial 

7 illness during, or as a proximate result of, any cus8 tomary or reasonably foreseeable handling or use 

9 (including reasonably foreseeable ingestion by chil10 dren).’’. 

11 (b) CONFORMING AMENDMENT.—Section 3(d) of the 

12 Federal Hazardous Substances Act (15 U.S.C. 1262(d)) 

13 is amended by striking ‘‘adequate requirements satisfying 

14 the purposes of’’ and inserting ‘‘requirements at least as 

15 stringent as’’. 

16 SEC. 324. PRIVATE CITIZEN ENFORCEMENT. 

17 The Federal Hazardous Substances Act (15 U.S.C. 

18 1261 et seq.) (as amended by section 322(a)) is amended 

19 by adding at the end the following: 

20 ‘‘SEC. 26. PRIVATE CITIZEN ENFORCEMENT. 

21 ‘‘(a) IN GENERAL.—Subject to subsection (c), any 

22 person other than the Commission may bring a civil action 

23 in United States district court— 

24 ‘‘(1) against any person, for violation of sub25 section (a), (b), or (l) of section 4; or 


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1 ‘‘(2) against the Commission, for a failure of 

2 the Commission to perform any nondiscretionary act 

3 or duty under the amendments made by the Chil4 dren’s Environmental Protection and Right to Know 

5 Act. 

6 ‘‘(b) JURISDICTION.—In the case of a civil action 

7 under subsection (a)— 

8 ‘‘(1) the United States district courts shall have 

9 jurisdiction over the civil action without regard to 

10 the amount in controversy or the citizenship of the 

11 parties; and 

12 ‘‘(2) the court may apply any appropriate civil 

13 penalties under section 5 or order the Commission to 

14 perform any nondiscretionary act or duty that the 

15 Commission failed to perform. 

16 ‘‘(c) ACTIONS PROHIBITED.—No action may be com17 menced under this section unless— 

18 ‘‘(1) not later than 60 days before the date on 

19 which the action is filed, the plaintiff gives notice of 

20 the intent to bring the action— 

21 ‘‘(A) to the Commission; and 

22 ‘‘(B) in the case of an action for a viola23 tion of section 4, to the person that is alleged 

24 to have violated that section; and 


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1 ‘‘(2) in the case of an action for a violation of 

2 section 4, the Commission has not commenced and 

3 is not diligently pursuing a civil action on behalf of 

4 the United States. 

5 ‘‘(d) INTERVENTION.—In any action on behalf of the 

6 United States following receipt of a notice under sub7 section (d)(1), the person providing the notice may inter8 vene as of right as a plaintiff in the action. 

9 ‘‘(e) COSTS.— 

10 ‘‘(1) IN GENERAL.—Except as provided in para11 graph (2), the costs of litigation (including reason12 able attorney fees) may be awarded to— 

13 ‘‘(A) in any civil action under sebsection 

14 (a), any substantially prevailing plaintiff; and 

15 ‘‘(B) in any action under subsection (c), 

16 the party intervening under subsection (a) or 

17 (c), if that party contributed significantly to the 

18 success of the plaintiff. 

19 ‘‘(2) WAIVER.—The award of costs under para20 graph (1) may be fully or partially waived by a court 

21 if the court finds such an award to be inappropriate 

22 under the circumstances. 

23 ‘‘(f) BURDEN OF PROOF.—In any action under sub24 section (a)(1), if the person alleged to have violated section 

25 4 asserts that a substance or mixture of substances is not 


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1 a hazardous substance by reason of containing a substance 

2 or mixture of substances listed under section 3(k), the 

3 burden of proof shall be the alleged violator to establish 

4 that the substance or mixture of substances is not a haz5 ardous substance. 

6 ‘‘(g) PENALTY FUND.— 

7 ‘‘(1) ESTABLISHMENT.—There is established in 

8 the Treasury of the United States a fund to be used 

9 in carrying out this section (referred to in this sec10 tion as the ‘Fund’). 

11 ‘‘(2) DEPOSIT OF ASSESSED PENALTIES.—A 

12 penalty assessed as a result of a civil action under 

13 subsection (a) shall be deposited in the Fund. 

14 ‘‘(3) USE OF FUNDS.—On request by the Com15 mission, the Secretary of the Treasury shall transfer 

16 from the Fund to the Commission such amounts as 

17 the Commission determines are necessary to finance 

18 compliance and enforcement activities under this 

19 Act. 

20 ‘‘(4) AVAILABILITY.—Amounts in the Fund 

21 shall remain available for use by the Commission 

22 until expended, without further appropriation. 

23 ‘‘(5) REPORTS.—The Commission shall submit 

24 to Congress an annual report that describes— 


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1 ‘‘(A) any funds deposited into the Fund 

2 during the year for which the report is sub3 mitted (including the sources of those funds); 

4 and 

5 ‘‘(B) the actual and proposed uses of the 

6 funds. 

7 ‘‘(h) OTHER PROJECTS.—Notwithstanding sub8 section (g), in lieu of being deposited in the Fund, any 

9 civil penalty assessed may, at the option of the court (after 

10 consultation with the Commission), be used to fund 

11 projects of the Commission that are— 

12 ‘‘(1) consistent with this Act; and 

13 ‘‘(2) designed to enhance public awareness of— 

14 ‘‘(A) the health effects of toxic substances 

15 or mixtures of toxic substances in eligible prod16 ucts; and 

17 ‘‘(B) the potential for exposure of children 

18 to toxic substances or mixtures of toxic sub19 stances in eligible products.’’. 

20 TITLE IV—ENVIRONMENTAL 

21 CONTAMINANT TESTING PRO22 GRAM 

23 SEC. 401. DEFINITIONS. 

24 In this title: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

4 (2) DAY CARE CENTER.—The term ‘‘day care 

5 center’’ means a center-based child care provider 

6 that is licensed, regulated, or registered under appli7 cable State or local law. 

8 (3) ELIGIBLE STATE.—The term ‘‘Eligible 

9 State’’ means a State that has enacted a law (in10 cluding a regulation) that— 

11 (A) requires— 

12 (i) the State to conduct a test to de13 termine the presence of any environmental 

14 pollutant on the property of— 

15 (I) a proposed school; and 

16 (II) a school that— 

17 (aa) is in existence on the 

18 date of enactment of this Act; 

19 and 

20 (bb) proposes to expand any 

21 facility of that school; 

22 (ii) each applicant for a day care cen23 ter license in that State to conduct a test 

24 to determine the presence of any environ25 mental pollutant on the property of the 


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1 proposed day care center of the applicant; 

2 and 

3 (iii) the State to inform the parents of 

4 each child of a school or day care center of 

5 the State of the detection of the presence 

6 of any environmental pollutant on the 

7 property of that school or day care center; 

8 and 

9 (B) is approved by the Administrator. 

10 (4) ENVIRONMENTAL POLLUTANT.—The term 

11 ‘‘environmental pollutant’’ means— 

12 (A) a hazardous substance (as defined in 

13 section 101 of the Comprehensive Environ14 mental Response, Compensation, and Liability 

15 Act of 1980 (42 U.S.C. 9601)); 

16 (B) a contaminant subject to regulation 

17 under the Safe Drinking Water Act (42 U.S.C. 

18 300f et seq.); 

19 (C) an air pollutant subject to regulation 

20 under the Clean Air Act (42 U.S.C. 7401 et 

21 seq.); 

22 (D) a water pollutant subject to regulation 

23 under the Federal Water Pollution Control Act 

24 (33 U.S.C. 1251 et seq.); and 


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1 (E) a pesticide subject to regulation under 

2 the Federal Insecticide, Fungicide, and 

3 Rodenticide Act (7 U.S.C. 136 et seq.). 

4 (5) SCHOOL.—The term ‘‘school’’ means— 

5 (A) an elementary school (as defined in 

6 section 14101 of the Elementary and Secondary 

7 Education Act of 1965 (20 U.S.C. 8801)); 

8 (B) a secondary school (as defined in sec9 tion 14101 of that Act); 

10 (C) a kindergarten; and 

11 (D) a nursery school that is public or re12 ceives Federal funding. 

13 (6) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Education. 

15 SEC. 402. BLOCK GRANTS. 

16 (a) ESTABLISHMENT.—The Administrator, in col17 laboration with the Secretary, shall establish in the Envi18 ronmental Protection Agency a program under which the 

19 Administrator shall provide block grants to Eligible States 

20 to carry out authorized activities. 

21 (b) APPLICATIONS.— 

22 (1) IN GENERAL.—To receive a block grant 

23 under this section, an Eligible State shall submit to 

24 the Secretary an application at such time, in such a 


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1 manner, and containing such information as the Sec2 retary may require. 

3 (2) CONTENTS.—Each application submitted 

4 pursuant to paragraph (1) shall— 

5 (A) describe the activities for which assist6 ance under this title is sought; and 

7 (B) provide evidence that the applicant— 

8 (i) is an Eligible State; 

9 (ii) has developed a prioritized list of 

10 each school and day care center of the Eli11 gible State that is based on the probability 

12 that an environmental pollutant is present 

13 on the property of each school or day care 

14 center included on the list; and 

15 (iii) shall apply funds from any pay16 ment received under this title for any fiscal 

17 year in accordance with the prioritized list 

18 described in clause (ii). 

19 (c) AUTHORIZED ACTIVITIES.—An Eligible State 

20 may use any payment received under this title for any fis21 cal year for use in— 

22 (1) administrating each law (including a regula23 tion) that requires the testing of sites for proposed 

24 schools and day care centers of the Eligible State to 

25 test for the presence of any environmental pollutant; 


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•S 4010 IS

1 (2) paying for, or providing a grant to any 

2 school or day care center of the Eligible State to pay 

3 for, any test conducted to determine the presence of 

4 any environmental pollutant on the property of that 

5 school or day care center; and 

6 (3) removing any environmental pollutant on 

7 the property of any school or day care center of the 

8 Eligible State. 

9 (d) REGULATIONS.—Not later than 1 year after the 

10 date of enactment of this Act, the Administrator, in col11 laboration with the Secretary, shall promulgate regula12 tions that shall provide guidance to Eligible States for use 

13 in complying with the grant program established under 

14 subsection (a). 

15 SEC. 403. AUTHORIZATION OF APPROPRIATIONS. 

16 There are authorized to be appropriated such sums 

17 as are necessary to carry out this title. 

Æ 


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