I
105TH CONGRESS
1ST SESSION
H. R. 1636
To disclose environmental risks to children’s health and expand the public’s
right to know about toxic chemical use and release, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 1997
Mr. WAXMAN (for himself, Mr. SAXTON, Mr. PALLONE, Mr. MARKEY, Mr. AN-
DREWS, Mr. LEWIS of Georgia, Mr. SHAYS, Mr. BROWN of Ohio, Mr.
GONZALEZ, Mr. DICKS, Mr. FOGLIETTA, Mr. BARRETT of Wisconsin, Ms.
DEGETTE, Mr. JACKSON of Illinois, Mr. LANTOS, Mr. GUTIERREZ, Mr.
HORN, Ms. MCCARTHY of Missouri, Mrs. ROUKEMA, Mr. FORD, Mr.
MOAKLEY, Mr. CLAY, Mr. YATES, Mr. CASTLE, Ms. PELOSI, Mr. COYNE,
Mr. CAPPS, Mr. DAVIS of Illinois, Mr. GEJDENSON, Mr. CUMMINGS, Mr.
MILLER of California, Ms. ESHOO, Mrs. KENNELLY of Connecticut, Mr.
DELLUMS, Mr. KUCINICH, Mr. HINCHEY, Mrs. MEEK of Florida, Mr.
BERMAN, Mr. SMITH of New Jersey, Ms. EDDIE BERNICE JOHNSON of
Texas, Mr. MENENDEZ, Mr. WEXLER, Mr. FILNER, Mr. PASCRELL, Mr.
PAYNE, Mr. BARCIA, Ms. RIVERS, Ms. MCKINNEY, Mrs. MINK of Hawaii,
Mrs. MALONEY of New York, Mr. BONIOR, Mr. WYNN, Mr. BROWN of
California, Mr. DEFAZIO, Mr. CLYBURN, Mr. KENNEDY of Massachu-
setts, Mrs. MORELLA, Mr. THOMPSON, Mr. CONYERS, Mr. ALLEN, Mr.
EVANS, Mr. MORAN of Virginia, Mr. BLAGOJEVICH, Mr. HOOLEY of Or-
egon, Mr. RUSH, Mr. NADLER, Mr. PASTOR, Ms. FURSE, Ms. WOOLSEY,
Mr. SANDERS, Mr. KENNEDY of Rhode Island, Mr. BLUMENAUER, Mrs.
CLAYTON, Mr. CARDIN, Mr. FRANKS of New Jersey, Mr. KIND, Ms.
DELAURO, Mr. MCGOVERN, Mr. DELAHUNT, Mr. SERRANO, Mr. HAST-
INGS of Florida, Mr. OLVER, Mr. NEAL of Massachusetts, Mr. LAFALCE,
Mr. ACKERMAN, Mrs. LOWEY, Mr. ROTHMAN, Mr. DIXON, Mr. MEEHAN,
Mr. MCDERMOTT, Mr. ADAM SMITH of Washington, Mr. STARK, Mr.
SKAGGS, and Mr. BAESLER) introduced the following bill; which was re-
ferred to the Committee on Commerce
A BILL
To disclose environmental risks to children’s health and ex-
pand the public’s right to know about toxic chemical
use and release, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Children’s Environmental Protection and Right to Know
Act of 1997’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title and table of contents.
Sec. 2. Findings.
TITLE I—CHILDREN’S ENVIRONMENTAL PROTECTION
Subtitle A—Disclosure of Industrial Releases That Present a Significant Risk
to Children
Sec. 101. Reporting requirements.
Subtitle B—Disclosure of High Health Risk Chemicals in Children’s
Consumer Products
Sec. 111. Listing of toxic substances.
Sec. 112. Reporting of toxic chemicals in consumer products.
Sec. 113. Exemptions.
Sec. 114. Private citizen enforcement.
Sec. 115. Preemption.
TITLE II—PUBLIC RIGHT TO KNOW ABOUT TOXIC CHEMICAL
USE
Sec. 201. Disclosure of toxic chemical use.
Sec. 202. Disclosure of toxic chemical use by comparable facilities.
Sec. 203. Streamlining environmental reporting and public access to informa-
tion.
Sec. 204. Trade secret protection.
Sec. 205. Civil actions.
SEC. 2. FINDINGS.
Congress finds that requirements to disclose informa-
tion about environmental risks have been shown to im-
prove health and safety by—
(1) prompting those causing such risks to re-
duce the risks; and
(2) enabling individuals to take actions to pro-
tect themselves from those risks.
TITLE I—CHILDREN’S
ENVIRONMENTAL PROTECTION
Subtitle A—Disclosure of Industrial
Releases That Present a Signifi-
cant Risk to Children
SEC. 101. REPORTING REQUIREMENTS.
(a) REVISED THRESHOLDS.—Section 313(f)(1) of
the Emergency Planning and Community Right-To-Know
Act of 1986 (42 U.S.C. 11023(f)(1)) is amended by insert-
ing the following after subparagraph (B):
‘‘(C) With respect to each of the toxic chemicals
described in clause (i) which are released from a fa-
cility, the amount established pursuant to clause (ii):
‘‘(i) Within 24 months of enactment of the
Children’s Environmental Protection and Right
to Know Act of 1997, the Administrator shall
establish a threshold for each toxic chemical
which 
the 
Administrator 
determines 
may
present a significant risk to children’s health or
the environment due to its persistence or poten-
tial to bioaccumulate or disrupt endocrine sys-
tems, or to other characteristics. Such toxic
chemicals shall include lead, mercury, dioxin,
cadmium, and chromium, and substances listed
as bioaccumulative chemicals of concern at 60
Federal Register 15393.
‘‘(ii) The Administrator shall establish a
threshold for each toxic chemical described in
clause (i) at a level which will ensure reporting
on at least 80 percent of the aggregate of all
releases of the chemical from facilities that (I)
have 10 or more full-time employees and (II)
are in Standard Industrial Classification Codes
20 through 39 or in the Standard Industrial
Classification Codes added under subsection
(b)(1)(B) of this section.’’.
(b) ADDITIONAL CHEMICALS.—Section 313(c) of the
Emergency Planning and Community Right-To-Know Act
of 1986 (42 U.S.C. 11023(c)) is amended by inserting the
following before the period: ‘‘and dioxin and substances
listed as bioaccumulative chemicals of concern at 60 Fed-
eral Register 15393’’.
‘‘(2) Within one year after the date of enactment of
this paragraph, and annually thereafter, the Secretary,
acting through the National Toxicology Program, shall
publish a list of substances or mixtures of substances
which are toxic due to their carcinogenic, neurotoxic, or
reproductive toxic effects. Such list shall include any
chemical that has been identified by any Federal agency
as a carcinogen, neurotoxin, or reproductive toxin. At a
minimum, such list shall include each chemical identified
as a Group A or Group B carcinogen in 53 Federal Reg-
ister 41118 et seq., each chemical identified as adversely
affecting the nervous system in criteria documents of the
National Institute for Occupational Safety and Health,
each chemical identified by the Consumer Product Safety
Commission as having sufficient evidence in humans or
animals of carcinogenicity, neurotoxicity, human devel-
opmental toxicity, or male or female reproductive toxicity,
each chemical regulated as a neurotoxin or reproductive
toxin or developmental toxin by the Environmental Protec-
tion Agency and each chemical on the Biennial List of
Carcinogens submitted to the Congress by the Secretary
of Health and Human Services. The Secretary shall in-
clude with such information reasonably available informa-
tion on adverse health effects which have resulted in the
listing of the substance or mixture of substances as toxic.
‘‘(3) In carrying out paragraph (2), the Secretary
shall secure data sufficient to identify substances or mix-
tures of substances which are toxic within the meaning
of paragraph (2) and to which infants and young children
are exposed by requiring manufacturers or producers to
generate such data and by obtaining existing data from
any Federal, State, or local government agency.’’.
(2) By adding at the end the following:
‘‘(u) The term ‘eligible product’ means any toy, or
other article intended for use by children, except that after
the date 3 years after the date of the enactment of the
Children’s Environmental Protection and Right to Know
Act of 1997, the term ‘eligible product’ means any
consumer product as defined in section 3 of the Consumer
Product Safety Act (15 U.S.C. 2052).’’.
SEC. 112. REPORTING OF TOXIC CHEMICALS IN CONSUMER
PRODUCTS.
(a) REPORTING.—The Federal Hazardous Sub-
stances Act (15 U.S.C. 1261 and following) is amended
by adding at the end the following:
‘‘SEC. 25. REPORTING OF TOXIC CHEMICALS.
‘‘(a) IN GENERAL.—A manufacturer or importer of
any eligible product which contains, or is composed of, a
substance or mixture of substances listed under section
2(g)(2) shall report each of the following to the Commis-
sion:
‘‘(1) The identity of the manufacturer or im-
porter and the model name and model number of the
eligible product.
‘‘(2) The identity of the substance or mixture
of substances listed under section 2(g)(2) and its
concentration in the eligible product.
‘‘(3) The information known to the manufac-
turer or importer that would support a determina-
tion that the eligible product is not a misbranded
hazardous substance or a banned hazardous sub-
stance.
‘‘(b) PUBLICATION.—The Commission shall annually
publish in the Federal Register and make available to the
public electronically the information received under sub-
section (a).
‘‘(c) REGULATIONS.—The Commission may promul-
gate such regulations as necessary to carry out this sec-
tion.
‘‘(d) EFFECTIVE DATE.—Subsection (a) of this sec-
tion shall take effect with respect to a substance or mix-
ture of substances one year after the date on which the
substance or mixture of substances is listed under section
2(g)(2).’’.
(b) PROHIBITED ACTS.—(1) Section 4 of the Federal
Hazardous Substances Act (15 U.S.C. 1263) is amended
by adding at the end the following:
‘‘(l) The failure to report as required under section
25 of this Act.’’.
(2) Section 5(c)(1) of such Act (15 U.S.C.
1264(c)(1)) is amended by striking ‘‘and (k)’’ and insert-
ing ‘‘(k), and (l)’’.
SEC. 113. EXEMPTIONS.
(a) IN GENERAL.—Section 3(c) of the Federal Haz-
ardous Substances Act (15 U.S.C. 1262(c)) is amended
by adding the following at the end thereof: ‘‘The Commis-
sion may also promulgate regulations exempting from the
reporting requirements of section 25 any substance or
mixture of substances. This subsection shall not apply to
any substance or mixture of substances unless, upon an
adequate showing, the Commission establishes that such
substance or mixture would not, by reason of containing
a substance or mixture of substances listed under section
2(g)(2), cause substantial personal injury or substantial
illness during or as a proximate result of any customary
or reasonably foreseeable handling or use, including rea-
sonably foreseeable ingestion by children.’’.
(b) OTHER PROVISIONS OF LAW.—Section 3(d) of
such Act (15 U.S.C. 1262(d)) is amended by striking
‘‘adequate requirements satisfying the purposes of’’ and
inserting ‘‘requirements at least as stringent as’’.
SEC. 114. PRIVATE CITIZEN ENFORCEMENT.
The Federal Hazardous Substances Act (15 U.S.C.
1261 and following) is amended by adding at the end the
following:
‘‘SEC. 26. PRIVATE CITIZEN ENFORCEMENT.
‘‘(a) IN GENERAL.—Any person, other than the Com-
mission, may commence a civil action on his or her own
behalf—
‘‘(1) against any person for violation of section
4(a), (b), or (l) (15 U.S.C. 1263(a), (b), or (l)); or
‘‘(2) against the Commission for the failure to
perform any nondiscretionary act or duty under the
Children’s Environmental Protection and Right to
Know Act of 1997.
The district courts shall have jurisdiction, without regard
to the amount in controversy or the citizenship of the par-
ties, over any action brought under paragraph (1) or (2)
and in any such action the court may apply any appro-
priate civil penalties under section 5 or order the Commis-
sion to perform such act or duty, as the case may be.
‘‘(b) ACTIONS PROHIBITED.—No action may be com-
menced pursuant to this section unless—
‘‘(1) the plaintiff has given notice of its intent
to bring such action at least 60 days prior to the
commencement of the action to the Commission and,
for a violation of section 4, to the violator; and
‘‘(2) for a violation of section 4, the Commis-
sion has not commenced and is not diligently pursu-
ing a civil action on behalf of the United States.
‘‘(c) INTERVENTION.—In any action brought on be-
half of the United States following receipt of a notice pur-
suant to subsection (b)(1), the person giving such notice
may intervene as of right as a plaintiff in such action.
‘‘(d) COSTS AND FEES.—In an action brought under
subsection (a), the court shall award to any substantially
prevailing plaintiff (and in an action brought under sub-
section (c), to the party intervening pursuant to subsection
(c) if that party contributed significantly to the success
of the plaintiff) the costs of litigation including reasonable
attorney fees, unless the court finds such award to be in-
appropriate under the circumstances.
‘‘(e) BURDEN
OF PROOF.—In an action brought
under paragraph (1) of subsection (a), if the person al-
leged to be in violation of section 4 asserts that a sub-
stance or mixture of substances is not a hazardous sub-
stance by reason of containing a substance or mixture of
substances listed under section 2(g)(2), the burden of
proof shall be on such person to establish that such sub-
stance or mixture of substances is not a hazardous sub-
stance.
‘‘(f) PENALTY FUND.—(1) Penalties received under
subsection (a) shall be deposited in a special fund in the
United States Treasury. Amounts in such fund are au-
thorized to be appropriated and shall remain available
until expended, for use by the Commission to finance com-
pliance and enforcement activities under this Act. The
Commission shall annually report to the Congress about
the sums deposited into the fund, the sources thereof, and
the actual and proposed uses thereof.
‘‘(2) Notwithstanding paragraph (1), the court in any
action under this section to apply civil penalties shall have
discretion to order that such civil penalties, in lieu of being
deposited in the fund referred to in paragraph (1), be used
in projects which are consistent with this Act and designed
to enhance public awareness of the health effects of toxic
substances or mixtures and of possible children’s exposure
to toxic substances or mixtures in eligible products. The
court shall obtain the view of the Commission in exercising
such discretion and selecting any such projects.’’.
SEC. 115. PREEMPTION.
Nothing in this subtitle shall affect the authority of
any State or political subdivision of a State to establish
or continue in effect any regulation or any other measure
relating to any substance or mixture or article containing
a substance or mixture, including consumer products.
TITLE 
II—PUBLIC 
RIGHT 
TO
KNOW ABOUT TOXIC CHEMI-
CAL USE
SEC. 201. DISCLOSURE OF TOXIC CHEMICAL USE.
(a) FORM.—(1) Section 313(g)(1)(C) of the Emer-
gency Planning and Community Right-To-Know Act of
1986 (42 U.S.C. 11023(g)(1)(C)) is amended by inserting
at the end the following:
‘‘(v) Number of employees, including contrac-
tors, at the reporting facility; number of employees,
including contractors, at the reporting facility ex-
posed to the chemical; and an estimate of occupa-
tional exposures to the chemical. Within 24 months
after the date of enactment of the Children’s Envi-
ronmental Protection and Right to Know Act of
1997, the Administrator shall promulgate rules re-
garding the information to be provided under this
clause.
‘‘(vi) The following annual materials accounting
information:
‘‘(I) A description of the uses of the chemi-
cal at the facility.
‘‘(II) The starting inventory of the chemi-
cal at the facility.
‘‘(III) The quantity of the chemical pro-
duced at the facility.
‘‘(IV) The quantity of the chemical
brought into the facility and the mode of trans-
portation.
‘‘(V) 
The 
quantity 
of 
the 
chemical
consumed at the facility.
‘‘(VI) The quantity of the chemical shipped
out of the facility as or in products and the
quantities intended for industrial use; commer-
cial use; and consumer use; and for additional
categories of use that the Administrator may
designate.
‘‘(VII) The quantity of the chemical enter-
ing any waste stream (or otherwise released
into the environment) prior to recycling, treat-
ment, or disposal.
‘‘(VIII) The ending inventory of the chemi-
cal at the facility.
‘‘(IX) The amount of the chemical recycled
at the facility that is subsequently used at the
facility.
‘‘(X) The ‘toxic chemical use’ of the chemi-
cal, which shall be calculated by adding the
quantities reported under subclauses (II), (III),
(IV), and (IX) and subtracting the quantity re-
ported under subclause (VIII).
Quantities reported under this clause shall be com-
plete and verifiable by computations under conven-
tional materials accounting practices. If the sum of
the quantities reported under subclauses (II), (III),
(IV), and (IX) does not equal the sum of the quan-
tities reported under subclauses (V), (VI), (VII), and
(VIII), an explanation of the difference shall be pro-
vided.
‘‘(vii) The reduction (from the prior calendar
year) in the quantity of the toxic chemical entering
any waste stream (or otherwise released to the envi-
ronment) prior to recycling, treatment, or disposal
(as reported under section 6607(b)(1) of the Pollu-
tion Prevention Act of 1990), as a result of the fol-
lowing: equipment or technology modifications; proc-
ess or procedure modifications; reformulation or re-
design of products; substitution of raw materials;
and improvements in housekeeping, maintenance,
training, or inventory control.
‘‘(viii) The reduction (from the prior calendar
year) in the quantity of toxic chemical use as defined
in subclause (X) as a result of the following: equip-
ment or technology modifications; process or proce-
dure modifications; reformulation or redesign of
products; substitution of raw materials; and im-
provements in housekeeping, maintenance, training,
or inventory control.’’.
(2) Section 313(g)(1)(C) of such Act is amended by
inserting ‘‘for the preceding calendar year’’ after ‘‘items
of information’’ and by striking ‘‘the preceding calendar
year’’ in clause (ii) and inserting ‘‘the calendar year con-
cerned’’.
(b) OTHER REQUIREMENTS.—The Administrator of
the Environmental Protection Agency shall integrate the
reporting requirements under the Emergency Planning
and Community Right-To-Know Act of 1986 (42 U.S.C.
11001 et seq.), the Pollution Prevention Act of 1990 (42
U.S.C. 12101 et seq.), and this Act.
SEC. 202. DISCLOSURE OF TOXIC CHEMICAL USE BY COM-
PARABLE FACILITIES.
Section 313(b)(1)(B) of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C.
11023(b)(1)(B)) is amended as follows:
(1) By striking ‘‘(B) The Administrator’’ and
inserting ‘‘(B)(i) The Administrator’’.
(2) By adding at the end the following:
‘‘(ii) Effective beginning with the 1998 report-
ing year, facilities identified by the Standard Indus-
trial Codes listed in the Federal Register notice at
61 Fed. Reg. 33587–33619 shall be subject to the
requirements of this section.
‘‘(iii) Within 24 months after the date of enact-
ment of this clause, the Administrator shall promul-
gate a final regulation that adds all additional cat-
egories of facilities that used or released toxic chemi-
cals in volumes similar to the uses or releases of fa-
cilities that are covered by this section as of such
date of enactment. This clause shall not apply to
any farm.’’.
SEC. 203. STREAMLINING ENVIRONMENTAL REPORTING
AND PUBLIC ACCESS TO INFORMATION.
(a) STREAMLINED DATA COLLECTION AND DISSEMI-
NATION.—Section 313 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C.
11023) is amended by adding at the end the following:
‘‘(m) STREAMLINED DATA COLLECTION AND DIS-
SEMINATION.—
‘‘(1) IN GENERAL.—To enhance public access
and use of information resources, to facilitate com-
pliance with reporting requirements, and to promote
multimedia permitting, reporting, and pollution pre-
vention, the Administrator shall, within 36 months
after the enactment of this subsection, take each of
the following actions:
‘‘(A) Create standard data formats for in-
formation management.
‘‘(B) 
Integrate 
information 
resources,
using common company, facility, industry, geo-
graphic, and chemical identifiers, and other
identifiers as the Administrator deems appro-
priate.
‘‘(C) Establish a system for indexing, lo-
cating, and obtaining agency-held information
about parent companies, facilities, industries,
chemicals, geographic locations, ecological indi-
cators, and the regulatory status of chemicals
and entities subject to agency regulation.
‘‘(D) Consolidate all annual reporting re-
quirements, pursuant to this title and other
Federal environmental laws, for small busi-
nesses. Such consolidated reporting require-
ments shall allow reporting to one point of con-
tact using one form or electronic reporting sys-
tem.
‘‘(E) Provide members of the public one
point of contact for access to all the publicly
available information gathered by the Environ-
mental Protection Agency for any one regulated
entity.
‘‘(2) 
CONSOLIDATION.—The 
Administrator
shall, within 5 years after the enactment of this sub-
section, consolidate all annual reporting pursuant to
this title and other Federal environmental laws for
each entity subject to such reporting. Such consoli-
dated reporting requirements shall allow reporting to
one point of contact using one form or electronic re-
porting system.
‘‘(3) UNDERSTANDABLE
LANGUAGE.—In im-
proving the means by which the Administrator pro-
vides information to the public and requires informa-
tion be reported by regulated entities, as required by
paragraphs (1) and (2), the Administrator shall use
language and methods of communication that the
Administrator believes to be clear and understand-
able.’’.
(b) DISCLOSURE OF USES OF TOXIC CHEMICALS.—
(1) Section 313(a) of the Emergency Planning and Com-
munity Right-To-Know Act of 1986 is amended by strik-
ing ‘‘releases’’ and inserting ‘‘toxic chemical uses and re-
leases’’.
(2) Section 313(h) of the Emergency Planning and
Community Right-To-Know Act of 1986 is amended by
inserting ‘‘the uses of toxic chemicals at covered facilities
and’’ before ‘‘the releases of toxic chemicals to the envi-
ronment’’.
SEC. 204. TRADE SECRET PROTECTION.
Section 322 of the Emergency Planning and Commu-
nity Right-To-Know Act of 1986 is amended as follows:
(1) In subsection (a)(1) by adding the following
at the end thereof:
‘‘(C) Any person required to submit mate-
rials accounting information under section
313(g)(1)(C)(vi) may withhold an element or
portion of such information, as defined in regu-
lations prescribed by the Administrator under
subsection (c) of this section, if the person com-
plies with paragraph (2) with respect to the in-
formation to be withheld. This subparagraph
shall not provide authority to withhold any in-
formation referred to in the Pollution Preven-
tion Act of 1990 (42 U.S.C. 13101 and follow-
ing).’’.
(2) Subsection (b)(4) is amended by inserting
‘‘or other information withheld’’ after ‘‘The chemical
identity’’.
(3) Subsection (d)(1) is amended by inserting
‘‘or other information’’ after ‘‘toxic chemical’’.
(4) Subsection (d)(2) is amended by inserting
‘‘or other information withheld’’ after ‘‘specific
chemical identity’’.
(5) Subsection (d)(3)(A) is amended by insert-
ing ‘‘or other information withheld’’ after ‘‘specific
chemical identity’’.
(6) Subsection (d)(3)(B) is amended by insert-
ing ‘‘or other information withheld’’ after ‘‘chemical
identity’’.
(7) Subsection (d)(3)(C) is amended by insert-
ing ‘‘or other information withheld’’ after ‘‘chemical
identity’’ in each place it appears.
(8) Subsection (d)(4)(A) is amended by insert-
ing ‘‘or other information withheld’’ after ‘‘chemical
identity’’.
(9) Subsection (f) is amended by inserting ‘‘or
other information withheld under subsection (a)(1)’’
after ‘‘specific chemical identity’’.
(10) Subsection (h)(1) is amended by inserting
‘‘or other information withheld’’ before ‘‘is claimed
as a’’.
(11) Subsection (h)(2) is amended by inserting
‘‘or other information withheld’’ after ‘‘identity of a
toxic chemical’’.
SEC. 205. CIVIL ACTIONS.
Section 326(a)(1)(A) of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C.
11046(a)(1)(A)) is amended by inserting ‘‘any past or on-
going’’ after ‘‘An owner or operator of a facility for’’.
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