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‘‘(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated to carry out
this subsection with respect to a child, and any data
reporting with respect to the child, who is not eligi-
ble for coverage under title XIX or XXI of the So-
cial Security Act, or is not otherwise covered under
a health insurance plan, $10,000,000 for each fiscal
year.
‘‘(c) REIMBURSEMENT.—
‘‘(1) CHILDREN
ENROLLED
IN
OR
ELIGIBLE
FOR MEDICAID.—
‘‘(A) IN
GENERAL.—With respect to a
child who is eligible for or receiving medical as-
sistance under a State plan under title XIX of
the Social Security Act (42 U.S.C. 1396 et
seq.) and who receives, or is provided, a test,
treatment, education, corrective eyewear, or
hearing aid under a program established under
subsection (a) or (b), the Secretary, notwith-
standing any other provision of, or limitation
under, such title XIX, including the payment
limitation commonly known as the ‘free care
rule’, shall reimburse the local educational
agency administering such program from funds
that are made available under such title XIX
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for 100 percent of the cost of the performance,
arrangement, or provision and data reporting.
‘‘(B) COSTS.—The costs of a test con-
ducted under this section shall include reim-
bursement for—
‘‘(i) testing devices and associated
supplies approved for sale by the Food and
Drug Administration and used in compli-
ance with section 353; and
‘‘(ii) administering the tests and re-
lated services, as determined appropriate
by the State agency responsible for the ad-
ministration of title XIX of the Social Se-
curity Act (42 U.S.C. 1396 et seq.).
‘‘(2) CHILDREN
ENROLLED
IN
OR
ELIGIBLE
FOR SCHIP.—
‘‘(A) IN
GENERAL.—With respect to a
child who is eligible for or receiving child health
assistance under a State plan under title XXI
of the Social Security Act (42 U.S.C. 1397aa et
seq.) and who receives, or is provided, a test,
treatment, education, corrective eyewear, or
hearing aid under a program established under
subsection (a) or (b), the Secretary, notwith-
standing any other provision of, or limitation
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under, such title XXI, or any other provision of
law (including the payment limitation under
title XIX commonly known as the ‘free care
rule’ to the extent, if any, such limitation ap-
plies to the State children’s health insurance
program established under title XXI of that
Act), shall reimburse the local educational agen-
cy administering such program from funds that
are made available under such title XXI for
100 percent of the cost of the performance, ar-
rangement, or provision and data reporting.
‘‘(B) COSTS.—The costs shall include the
costs described in paragraph (1)(B).
‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion shall be construed to require that a local educational
agency participate in a program carried out by the Sec-
retary under this section.
‘‘(e) DEFINITIONS.—In this section, the terms ‘local
educational agency’ and ‘elementary and secondary school’
shall have the meanings given such terms in section 14101
of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801).’’.
SEC. 1304. GENERAL EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in subsection
(b), the amendments made by this chapter take effect on
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the date that is 18 months after the date of enactment
of this Act.
(b) HEAD START WAIVERS.—
(1) IN GENERAL.—An entity carrying out ac-
tivities under section 642 or 645A of the Head Start
Act (42 U.S.C. 9837, 9840a), may be awarded a
waiver from the amendments made by section 1302
if the State where the entity is located establishes to
the satisfaction of the Secretary of Health and
Human Services, in accordance with requirements
and procedures recommended in accordance with
paragraph (2) to the Secretary by the Director of
the Centers for Disease Control and Prevention a
plan for increasing the number of asthma, vision,
and hearing screening tests of children enrolled in
the Early Head Start and Head Start programs in
the State.
(2) DEVELOPMENT
OF
WAIVER
PROCEDURES
AND REQUIREMENTS.—Not later than 1 year after
the date of enactment of this Act, the Director of
the Centers for Disease Control and Prevention shall
develop and recommend to the Secretary of Health
and Human Services criteria and procedures (includ-
ing a timetable for the submission of the State plan
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described in paragraph (1)) for the awarding of
waivers under that paragraph.
CHAPTER 2—INCREASE IN FUNDING FOR
HUD PROGRAMS
SEC. 1311. LEAD-BASED PAINT HAZARD CONTROL GRANTS.
Section 1011(p) of the Residential Lead-Based Paint
Hazard Reduction Act of 1992 (42 U.S.C. 4852) is
amended by striking ‘‘appropriated’’ and all that follows
through the period and inserting ‘‘appropriated—
‘‘(1) $125,000,000 for fiscal year 1993 and
$250,000,000 for fiscal year 1994;
‘‘(2) $200,000,000 for fiscal year 2002;
‘‘(3) $250,000,000 for fiscal year 2003; and
‘‘(4) $300,000,000 beginning with fiscal year
2004 and fiscal years thereafter.’’.
SEC. 1312. HEALTHY HOMES INITIATIVE PROGRAM.
There are authorized to be appropriated for the
Healthy Homes Initiative program pursuant to sections
501 and 502 of the Housing and Urban Development Act
of 1970, for which funds were provided under title II of
the Departments of Veterans Affairs and Housing and
Urban Development, Independent Agencies Appropria-
tions Act, 2000—
(1) $100,000,000 for fiscal year 2002; and
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(2) $150,000,000 beginning with fiscal year
2003 and fiscal years thereafter.
CHAPTER 3—YOUTH SMOKING CESSATION
AND EDUCATION
SEC. 1321. SHORT TITLE.
This chapter may be cited as the ‘‘Kids Deserve Free-
dom from Tobacco Act of 2001’’ or the ‘‘KIDS Act’’.
Subchapter A—Protection of Children from
Tobacco
PART I—FOOD AND DRUG ADMINISTRATION
JURISDICTION AND GENERAL AUTHORITY
SEC. 1331. REFERENCE.
Whenever in this subchapter an amendment or repeal
is expressed in terms of an amendment to, or repeal of,
a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the Fed-
eral Food, Drug, and Cosmetic Act (21 U.S.C. 301 et
seq.).
SEC. 1332. STATEMENT OF GENERAL AUTHORITY.
The regulations promulgated by the Secretary in the
rule dated August 28, 1996 (Vol. 61, No. 168 C.F.R.),
adding part 897 to title 21, Code of Federal Regulations,
shall be deemed to have been lawfully promulgated under
the Food, Drug, and Cosmetic Act as amended by this
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subchapter. Such regulations shall apply to all tobacco
products.
SEC. 1333. NONAPPLICABILITY TO OTHER DRUGS OR DE-
VICES.
Nothing in this subchapter, or an amendment made
by this subchapter, shall be construed to affect the regula-
tion of drugs and devices that are not tobacco products
by the Secretary under the Federal Food, Drug, and Cos-
metic Act.
SEC. 1334. CONFORMING AMENDMENTS TO CONFIRM JU-
RISDICTION.
(a) DEFINITIONS.—
(1) DRUG.—Section 201(g)(1) (21 U.S.C.
321(g)(1)) is amended by striking ‘‘; and (D)’’ and
inserting ‘‘; (D) nicotine in tobacco products; and
(E)’’.
(2) DEVICES.—Section 201(h) (21 U.S.C.
321(h)) is amended by adding at the end the fol-
lowing: ‘‘Such term includes a tobacco product.’’.
(3) OTHER
DEFINITIONS.—Section 201 (21
U.S.C. 321) is amended by adding at the end the
following:
‘‘(kk) The term ‘tobacco product’ means any
product made or derived from tobacco that is in-
tended for human consumption.’’.
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(b) PROHIBITED ACTS.—Section 301 (21 U.S.C.
331) is amended by adding at the end the following:
‘‘(aa) The manufacture, labeling, distribution, adver-
tising and sale of any adulterated or misbranded tobacco
product in violation of—
‘‘(1) regulations issued under this Act; or
‘‘(2) the KIDS Act, or regulations issued under
such Act.’’.
(c) ADULTERATED DRUGS AND DEVICES.—
(1) IN GENERAL.—Section 501 of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 351) is
amended by adding at the end the following:
‘‘(j) If it is a tobacco product and it does not comply
with the provisions of subchapter D of this chapter or the
KIDS Act.’’.
(2) MISBRANDING.—Section 502(q) (21 U.S.C.
352(q)) is amended—
(A) by striking ‘‘or (2)’’ and inserting in
lieu thereof ‘‘(2)’’; and
(B) by inserting before the period the fol-
lowing: ‘‘, or (3) in the case of a tobacco prod-
uct, it is sold, distributed, advertised, labeled,
or used in violation of this Act or the KIDS
Act, or regulations prescribed under such
Acts’’.
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(d) RESTRICTED
DEVICE.—Section 520(e) (21
U.S.C. 360j(e)) is amended—
(1) in paragraph (1), by striking ‘‘or use—’’
and inserting ‘‘or use, including restrictions on the
access to, and the advertising and promotion of, to-
bacco products—’’; and
(2) by adding at the end the following:
‘‘(3) Tobacco products are a restricted device under
this paragraph.’’.
(e) REGULATORY AUTHORITY.—Section 503(g) (21
U.S.C. 353(g)) is amended by adding at the end the fol-
lowing:
‘‘(5) The Secretary may regulate any tobacco product
as a drug, device, or both, and may designate the office
of the Administration that shall be responsible for regu-
lating such products.’’.
SEC. 1335. GENERAL RULE.
Section 513(a)(1)(B) (21 U.S.C. 360c(a)(1)(B)) is
amended by adding at the end the following: ‘‘The sale
of tobacco products to adults that comply with perform-
ance standards established for these products under sec-
tion 514 and other provisions of this Act and any regula-
tions prescribed under this Act shall not be prohibited by
the Secretary, notwithstanding sections 502(j), 516, and
518.’’.
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SEC. 1336. SAFETY AND EFFICACY STANDARD AND RECALL
AUTHORITY.
(a) SAFETY
AND EFFICACY STANDARD.—Section
513(a) (21 U.S.C. 360c(a)) is amended—
(1) in paragraph (1)(B), by inserting after the
first sentence the following: ‘‘For a device which is
a tobacco product, the assurance in the previous sen-
tence need not be found if the Secretary finds that
special controls achieve the best public health re-
sult.’’; and
(2) in paragraph (2)—
(A) by redesignating subparagraphs (A),
(B) and (C) as clauses (i), (ii) and (iii), respec-
tively;
(B) by striking ‘‘(2) For’’ and inserting
‘‘(2)(A) For’’; and
(C) by adding at the end the following:
‘‘(B) For purposes of paragraph (1)(B), subsections
(c)(2)(C), 
(d)(2)(B), 
(e)(2)(A), 
(f)(3)(B)(i), 
and
(f)(3)(C)(i), and sections 514, 519(a), 520(e), and 520(f),
the safety and effectiveness of a device that is a tobacco
product need not be found if the Secretary finds that the
action to be taken under any such provision would achieve
the best public health result. The finding as to whether
the best public health result has been achieved shall be
determined with respect to the risks and benefits to the
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population as a whole, including users and non-users of
the tobacco product, and taking into account—
‘‘(i) the increased or decreased likelihood that
existing consumers of tobacco products will stop
using such products; and
‘‘(ii) the increased or decreased likelihood that
those who do not use tobacco products will start
using such products.’’.
(b) RECALL AUTHORITY.—Section 518(e)(1) (21
U.S.C. 360h(e)(1)) is amended by inserting after ‘‘adverse
health consequences or death,’’ the following: ‘‘and for to-
bacco products that the best public health result would
be achieved,’’.
PART II—REGULATION OF TOBACCO PRODUCTS
SEC. 1341. PERFORMANCE STANDARDS.
Section 514(a) (21 U.S.C. 60d(a)) is amended—
(1) in paragraph (2), by striking ‘‘device’’ and
inserting ‘‘nontobacco product device’’;
(2) by redesignating paragraphs (3) and (4) as
paragraphs (6) and (7), respectively; and
(3) by inserting after paragraph (2) the fol-
lowing:
‘‘(3) The Secretary may adopt a performance stand-
ard under section 514(a)(2) for a tobacco product regard-
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less of whether the product has been classified under sec-
tion 513. Such standard may—
‘‘(A) include provisions to achieve the best pub-
lic health result;
‘‘(B) where necessary to achieve the best public
health result, include—
‘‘(i) provisions respecting the construction,
components, 
constituents, 
ingredients, 
and
properties of the tobacco product device, includ-
ing the reduction or elimination (or both) of
nicotine and the other components, ingredients,
and constituents of the tobacco product, its
components and its by-products, based upon the
best available technology;
‘‘(ii) provisions for the testing (on a sam-
ple basis or, if necessary, on an individual
basis) of the tobacco product device or, if it is
determined that no other more practicable
means are available to the Secretary to assure
the conformity of the tobacco product device to
such standard, provisions for the testing (on a
sample basis or, if necessary, on an individual
basis) by the Secretary or by another person at
the direction of the Secretary;
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‘‘(iii) provisions for the measurement of
the performance characteristics of the tobacco
product device;
‘‘(iv) provisions requiring that the results
of each test or of certain tests of the tobacco
product device required to be made under
clause (ii) demonstrate that the tobacco product
device is in conformity with the portions of the
standard for which the test or tests were re-
quired; and
‘‘(v) a provision that the sale and distribu-
tion of the tobacco product device be restricted
but only to the extent that the sale and dis-
tribution of a tobacco product device may other-
wise be restricted under this Act; and
‘‘(C) where appropriate, require the use and
prescribe the form and content of labeling for the
use of the tobacco product device.
‘‘(4) Not later than 1 year after the date of enact-
ment of the KIDS Act, the Secretary (acting through the
Commissioner of Food and Drugs) shall establish a Sci-
entific Advisory Committee to evaluate whether a level or
range of levels exists at which nicotine yields do not
produce drug-dependence. The Advisory Committee shall
also review any other safety, dependence or health issue
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assigned to it by the Secretary. The Secretary need not
promulgate regulations to establish the Committee.’’.
SEC. 1342. APPLICATION OF FEDERAL FOOD, DRUG, AND
COSMETIC ACT TO TOBACCO PRODUCTS.
(a) TOBACCO PRODUCTS REGULATION.—Chapter V
(21 U.S.C. 351 et seq.) is amended by adding at the end
the following:
‘‘SUBCHAPTER F—TOBACCO PRODUCT DEVEL-
OPMENT, MANUFACTURING, AND ACCESS
RESTRICTIONS
‘‘SEC. 570. PROMULGATION OF REGULATIONS.
‘‘Any regulations necessary to implement this sub-
chapter shall be promulgated not later than 12 months
after the date of enactment of this subchapter using notice
and comment rulemaking (in accordance with chapter 5
of title 5, United States Code). Such regulations may be
revised thereafter as determined necessary by the Sec-
retary.
‘‘SEC. 571. MAIL-ORDER SALES.
‘‘(a) IN GENERAL.—Not later than 2 years after the
date of enactment of this subchapter, the Secretary shall
review and determine whether persons under the age of
18 years are obtaining tobacco products by means of the
mail.
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‘‘(b) RESTRICTIONS.—Based solely upon the review
conducted under subsection (a), the Secretary may take
regulatory and administrative action to restrict or elimi-
nate mail order sales of tobacco products.
‘‘SEC. 572. IMPLEMENTATION OF THE PROPOSED RESOLU-
TION.
‘‘(a) ADDITIONAL RESTRICTIONS
ON MARKETING,
ADVERTISING, AND ACCESS.—Not later than 18 months
after the date of the enactment of this subchapter, the
Secretary shall revise the regulations related to tobacco
products promulgated by the Secretary on August 28,
1996 (61 Fed. Reg. 44396) to include the additional re-
strictions on marketing, advertising, and access described
in Title IA and Title IC of the Proposed Resolution en-
tered into by the tobacco manufacturers and the State at-
torneys general on June 20, 1997, except that the Sec-
retary shall not include an additional restriction on mar-
keting or advertising in such regulations if its inclusion
would violate the First Amendment to the Constitution.
‘‘(b) WARNINGS.—Not later than 18 months after the
date of the enactment of this subchapter, the Secretary
shall promulgate regulations to require warnings on ciga-
rette and smokeless tobacco labeling and advertisements.
The content, format, and rotation of warnings shall con-
form to the specifications described in Title IB of the Pro-
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posed Resolution entered into by the tobacco manufactur-
ers and the State attorneys general on June 20, 1997.
‘‘(c) RULES OF CONSTRUCTION.—
‘‘(1) IN
GENERAL.—Nothing in this section
shall be construed to limit the ability of the Sec-
retary to change the text or layout of any of the
warning statements, or any of the labeling provi-
sions, under the regulations promulgated under sub-
section (b) and other provisions of this Act, if deter-
mined necessary by the Secretary in order to make
such statements or labels larger, more prominent,
more conspicuous, or more effective.
‘‘(2) UNFAIR
ACTS.—Nothing in this section
(other than the requirements of subsections (a) and
(b)) shall be construed to limit or restrict the au-
thority of the Federal Trade Commission with re-
spect to unfair or deceptive acts or practices in the
advertising of tobacco products.
‘‘(d) LIMITED PREEMPTION.—
‘‘(1) STATE AND LOCAL ACTION.—No warning
label with respect to tobacco products, or any other
tobacco product for which warning labels have been
required under this section, other than the warning
labels required under this Act, shall be required by
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any State or local statute or regulation to be in-
cluded on any package of a tobacco product.
‘‘(2) EFFECT ON LIABILITY LAW.—Nothing in
this section shall relieve any person from liability at
common law or under State statutory law to any
other person.
‘‘(e) VIOLATION OF SECTION.—Any tobacco product
that is in violation of this section shall be deemed to be
misbranded.
‘‘SEC. 573. GENERAL RESPONSIBILITIES OF MANUFACTUR-
ERS, DISTRIBUTORS AND RETAILERS.
‘‘Each manufacturer, distributor, and retailer shall
ensure that the tobacco products it manufactures, labels,
advertises, packages, distributes, sells, or otherwise holds
for sale comply with all applicable requirements of this
Act.
‘‘SEC. 574. DISCLOSURE AND REPORTING OF TOBACCO AND
NONTOBACCO INGREDIENTS AND CONSTITU-
ENTS.
‘‘(a) DISCLOSURE OF ALL INGREDIENTS.—
‘‘(1) IMMEDIATE AND ANNUAL DISCLOSURE.—
Not later than 30 days after the date of enactment
of this subchapter, and annually thereafter, each
manufacturer of a tobacco product shall submit to
the Secretary an ingredient list for each brand of to-
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bacco product it manufactures that contains the in-
formation described in paragraph (2).
‘‘(2) REQUIREMENTS.—The list described in
paragraph (1) shall, with respect to each brand or
variety of tobacco product of a manufacturer,
include—
‘‘(A) a list of all ingredients, constituents,
substances, and compounds that are found in or
added to the tobacco or tobacco product (in-
cluding the paper, filter, or packaging of the
product if applicable) in the manufacture of the
tobacco product, for each brand or variety of to-
bacco product so manufactured, including, if
determined necessary by the Secretary, any ma-
terial added to the tobacco used in the product
prior to harvesting;
‘‘(B) the quantity of the ingredients, con-
stituents, substances, and compounds that are
listed under subparagraph (A) in each brand or
variety of tobacco product;
‘‘(C) the nicotine content of the product,
measured in milligrams of nicotine;
‘‘(D) for each brand or variety of
cigarettes—
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‘‘(i) the filter ventilation percentage
(the level of air dilution in the cigarette as
provided by the ventilation holes in the fil-
ter, described as a percentage);
‘‘(ii) the pH level of the smoke of the
cigarette; and
‘‘(iii) the tar, unionized (free) nico-
tine, and carbon monoxide delivery level
and any other smoking conditions estab-
lished by the Secretary, reported in milli-
grams of tar, nicotine, and carbon mon-
oxide per cigarette;
‘‘(E) for each brand or variety of smoke-
less tobacco products—
‘‘(i) the pH level of the tobacco;
‘‘(ii) the moisture content of the to-
bacco expressed as a percentage of the
weight of the tobacco; and
‘‘(iii) the nicotine content—
‘‘(I) for each gram of the prod-
uct, measured in milligrams of nico-
tine;
‘‘(II) expressed as a percentage
of the dry weight of the tobacco; and
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‘‘(III) with respect to unionized
(free) nicotine, expressed as a percent-
age per gram of the tobacco and ex-
pressed in milligrams per gram of the
tobacco; and
‘‘(F) any other information determined ap-
propriate by the Secretary.
‘‘(3) METHODS.—The Secretary shall have the
authority to promulgate regulations to establish the
methods to be used by manufacturers in making the
determinations required under paragraph (2).
‘‘(4) OTHER
TOBACCO
PRODUCTS.—The Sec-
retary shall prescribe such regulations as may be
necessary to establish information disclosure proce-
dures for other tobacco products.
‘‘(b) SAFETY ASSESSMENTS.—
‘‘(1) APPLICATION TO NEW INGREDIENTS.—
‘‘(A) IN GENERAL.—Not later than 1 year
after the date of enactment of this subchapter,
and annually thereafter, each manufacturer
shall submit to the Secretary a safety assess-
ment for each new ingredient, constituent, sub-
stance, or compound that such manufacturer
desires to make a part of a tobacco product.
Such new ingredient, constituent, substance, or
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compound shall not be included in a tobacco
product prior to approval by the Secretary of
such a safety assessment.
‘‘(B) METHOD OF FILING.—A safety as-
sessment submitted under subparagraph (A)
shall be signed by an officer of the manufac-
turer who is acting on behalf of the manufac-
turer and who has the authority to bind the
manufacturer, and contain a statement that en-
sures that the information contained in the as-
sessment is true, complete and accurate.
‘‘(C) DEFINITION OF NEW INGREDIENT.—
For purposes of subparagraph (A), the term
‘new ingredient, constituent, substance, or com-
pound’ means an ingredient, constituent, sub-
stance, or compound listed under subsection
(a)(1) that was not used in the brand or variety
of tobacco product involved prior to January 1,
1998.
‘‘(2) APPLICATION TO OTHER INGREDIENTS.—
With respect to the application of this section to in-
gredients, constituents substances, or compounds
listed under subsection (a) to which paragraph (1)
does not apply, all such ingredients, constituents,
substances, or compounds shall be reviewed through
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the safety assessment process within the 5-year pe-
riod beginning on the date of enactment of this sub-
chapter. The Secretary shall develop a procedure for
the submission of safety assessments of such ingre-
dients, constituents, substances, or compounds that
staggers such safety assessments within the 5-year
period.
‘‘(3) BASIS OF ASSESSMENT.—The safety as-
sessment of an ingredient, constituent, substance, or
compound described in paragraphs (1) and (2)
shall—
‘‘(A) be based on the best scientific evi-
dence available at the time of the submission of
the assessment; and
‘‘(B) demonstrate that there is a reason-
able certainty among experts qualified by sci-
entific training and experience who are con-
sulted, that the ingredient, constituent, sub-
stance, or compound will not present any risk
to consumers or the public in the quantities
used under the intended conditions of use.
‘‘(c) PROHIBITION.—
‘‘(1) REGULATIONS.—Not later than 12 months
after the date of enactment of this subchapter, the
Secretary shall promulgate regulations to prohibit
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the use of any ingredient, constituent, substance, or
compound 
in 
the 
tobacco 
product 
of 
a
manufacturer—
‘‘(A) if no safety assessment has been sub-
mitted by the manufacturer for the ingredient,
constituent, substance, or compound as other-
wise required under this section; or
‘‘(B) if the Secretary finds that the manu-
facturer has failed to demonstrate the safety of
the ingredient, constituent, substance, or com-
pound that was the subject of the assessment
under paragraph (2).
‘‘(2) REVIEW OF ASSESSMENTS.—
‘‘(A) GENERAL REVIEW.—Not later than
180 days after the receipt of a safety assess-
ment under subsection (b), the Secretary shall
review the findings contained in such assess-
ment and approve or disapprove of the safety of
the ingredient, constituent, substance, or com-
pound that was the subject of the assessment.
The Secretary may, for good cause, extend the
period for such review. The Secretary shall pro-
vide notice to the manufacturer of an action
under this subparagraph.
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‘‘(B) INACTION
BY
SECRETARY.—If the
Secretary fails to act with respect to an assess-
ment of an existing ingredient, constituent, sub-
stance, or additive during the period referred to
in subparagraph (A), the manufacturer of the
tobacco product involved may continue to use
the ingredient, constituent, substance, or com-
pound involved until such time as the Secretary
makes a determination with respect to the as-
sessment.
‘‘(d) RIGHT TO KNOW; FULL DISCLOSURE OF IN-
GREDIENTS TO THE PUBLIC.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (3), a package of a tobacco product shall dis-
close all ingredients, constituents, substances, or
compounds contained in the product in accordance
with regulations promulgated under section 701(a)
by the Secretary.
‘‘(2) DISCLOSURE OF PERCENTAGE OF DOMES-
TIC AND FOREIGN TOBACCO.—The regulations re-
ferred to in paragraph (1) shall require that the
package of a tobacco product disclose, with respect
to the tobacco contained in the product—
‘‘(A) the percentage that is domestic to-
bacco; and
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‘‘(B) the percentage that is foreign to-
bacco.
‘‘(3) HEALTH
DISCLOSURE.—Notwithstanding
section 301(j), the Secretary may require the public
disclosure of any ingredient, constituent, substance,
or compound contained in a tobacco product that re-
lates to a trade secret or other matter referred to in
section 1905 of title 18, United States Code, if the
Secretary determines that such disclosure will pro-
mote the public health.
‘‘SEC. 575. REDUCED RISK PRODUCTS.
‘‘(a) PROHIBITION.—
‘‘(1) IN
GENERAL.—No manufacturer, dis-
tributor or retailer of tobacco products may make
any direct or implied statement in advertising or on
a product package that could reasonably be inter-
preted to state or imply a reduced health risk associ-
ated with a tobacco product unless the manufacturer
demonstrates to the Secretary, in such form as the
Secretary may require, that based on the best avail-
able scientific evidence the product significantly re-
duces the overall health risk to the public when com-
pared to other tobacco products.
‘‘(2) SUBMISSION
TO
SECRETARY.—Prior to
making any statement described in paragraph (1), a
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manufacturer, distributor or retailer shall submit
such statement to the Secretary, who shall review
such statement to ensure its accuracy and, in the
case of advertising, to prevent such statement from
increasing, or preventing the contraction of, the size
of the overall market for tobacco products.
‘‘(b) DETERMINATION BY SECRETARY.—If the Sec-
retary determines that a statement described in subsection
(a)(2) is permissible because the tobacco product does
present a significantly reduced overall health risk to the
public, the Secretary may permit such statement to be
made.
‘‘(c) DEVELOPMENT OR ACQUISITION OF REDUCED
RISK TECHNOLOGY.—
‘‘(1) IN GENERAL.—Any manufacturer that de-
velops or acquires any technology that the manufac-
turer reasonably believes will reduce the risk from
tobacco products shall notify the Secretary of the de-
velopment or acquisition of the technology. Such no-
tice shall be in such form and within such time as
the Secretary shall require.
‘‘(2) CONFIDENTIALITY.—With respect to any
technology described in paragraph (1) that is in the
early stages of development (as determined by the
Secretary), the Secretary shall establish protections
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to ensure the confidentiality of any proprietary in-
formation submitted to the Secretary under this sub-
section during such development.
‘‘SEC. 576. ACCESS TO COMPANY INFORMATION.
‘‘(a) COMPLIANCE PROCEDURES.—Each manufac-
turer of tobacco products shall establish procedures to en-
sure compliance with this Act.
‘‘(b) REQUIREMENT.—In addition to any other dis-
closure obligations under this Act, the KIDS Act, or any
other law, each manufacturer of tobacco products shall,
not later than 90 days after the date of the enactment
of the KIDS Act and thereafter as required by the Sec-
retary, disclose to the Secretary all nonpublic information
and research in its possession or control relating to the
addiction or dependency, or the health or safety of tobacco
products, including (without limitation) all research relat-
ing to processes to make tobacco products less hazardous
to consumers and the research and documents described
in subsection (c).
‘‘(c) RESEARCH AND DOCUMENTS.—The documents
described in this section include any documents concerning
tobacco product research relating to—
‘‘(1) nicotine, including—
‘‘(A) the interaction between nicotine and
other components in tobacco products including
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ingredients in the tobacco and smoke compo-
nents;
‘‘(B) the role of nicotine in product design
and manufacture, including product charters,
and parameters in product development, the to-
bacco blend, filter technology, and paper;
‘‘(C) the role of nicotine in tobacco leaf
purchasing;
‘‘(D) reverse engineering activities involv-
ing nicotine (such as analyzing the products of
other companies);
‘‘(E) an analysis of nicotine delivery; and
‘‘(F) the biology, psychopharmacology and
any other health effects of nicotine;
‘‘(2) other ingredients, including—
‘‘(A) the identification of ingredients in to-
bacco products and constituents in smoke, in-
cluding additives used in product components
such as paper, filter, and wrapper;
‘‘(B) any research on the health effects of
ingredients; and
‘‘(C) any research or other information ex-
plaining what happens to ingredients when they
are heated and burned;
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‘‘(3) less hazardous or safer products, including
any research or product development information on
activities involving reduced risk, less hazardous, low-
tar or reduced-tar, low-nicotine or reduced-nicotine
or nicotine-free products; and
‘‘(4) tobacco product advertising, marketing
and promotion, including—
‘‘(A) documents related to the design of
advertising campaigns, including the desired de-
mographics for individual products on the mar-
ket or being tested;
‘‘(B) documents concerning the age of ini-
tiation of tobacco use, general tobacco use be-
havior, beginning smokers, pre-smokers, and
new smokers;
‘‘(C) documents concerning the effects of
advertising; and
‘‘(D) documents concerning future mar-
keting options or plans in light of the require-
ments and regulations to be imposed under this
subchapter or the KIDS Act.
‘‘(d) AUTHORITY OF SECRETARY.—With respect to
tobacco product manufacturers, the Secretary shall have
the same access to records and information and inspection
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authority as is available with respect to manufacturers of
other medical devices.
‘‘SEC. 577. OVERSIGHT OF TOBACCO PRODUCT MANUFAC-
TURING.
‘‘The Secretary shall by regulation prescribe good
manufacturing practice standards for tobacco products.
Such regulations shall be modeled after good manufac-
turing practice regulations for medical devices, food, and
other items under section 520(f). Such standards shall be
directed specifically toward tobacco products, and shall
include—
‘‘(1) a quality control system, to ensure that to-
bacco products comply with such standards;
‘‘(2) a system for inspecting tobacco product
materials to ensure their compliance with such
standards;
‘‘(3) requirements for the proper handling of
finished tobacco products;
‘‘(4) strict tolerances for pesticide chemical resi-
dues in or on tobacco or tobacco product commod-
ities in the possession of the manufacturer, except
that nothing in this paragraph shall be construed to
affect any authority of the Environmental Protection
Agency;
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SEC. 1343. FUNDING.
(a) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated such sums as may be
necessary to carry out this part (and the amendments
made by this part).
(b) TRIGGER.—No expenditures shall be made under
this part (or the amendments made by this part) during
any fiscal year in which the annual amount appropriated
for the Food and Drug Administration is less than the
amount so appropriated for the prior fiscal year.
SEC. 1344. REPEALS.
The following provisions of law are repealed:
(1) The Federal Cigarette Labeling and Adver-
tising Act (15 U.S.C. 1331 et seq.), except for sec-
tions 5(d)(1) and (2) and 6.
(2) The Comprehensive Smokeless Tobacco
Health Education Act of 1986 (15 U.S.C. 4401 et
seq.), except for sections 3(f) and 8(a) and (b).
(3) The Comprehensive Smoking Education Act
of 1964 (Public law 98-474).
Subchapter B—Miscellaneous Provisions
SEC. 1351. NONAPPLICATION TO TOBACCO PRODUCERS.
(a) IN GENERAL.—This chapter and the amendments
made by this chapter shall not apply to the producers of
tobacco leaf, including tobacco growers, tobacco ware-
houses, and tobacco grower cooperatives.
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(b) RULE OF CONSTRUCTION.—Nothing in this chap-
ter, or an amendment made by this chapter, shall be con-
strued to provide the Secretary of Health and Human
Services with the authority to—
(1) enter onto a farm owned by a producer of
tobacco leaf without the written consent of such pro-
ducer; or
(2) promulgate regulations on any matter that
involves the production of tobacco leaf or a producer
thereof, other than activities by a manufacturer that
affect production.
(c) MANUFACTURER ACTING AS PRODUCER.—Not-
withstanding any other provision of this section, if a pro-
ducer of tobacco leaf is also a tobacco product manufac-
turer or is owned or controlled by a tobacco product manu-
facturer, the producer shall be subject to the provisions
of this chapter, and the amendments made by this chap-
ter, in the producer’s capacity as a manufacturer.
(d) DEFINITION.—In this section, the term ‘‘con-
trolled by’’ means a producer that is a member of the same
controlled group of corporations, as that term is used for
purposes of section 52(a) of the Internal Revenue Code
of 1986, or under common control within the meaning of
the regulations promulgated under section 52(b) of such
Code.
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SEC. 1352. EQUAL TREATMENT OF RETAIL OUTLETS.
The Secretary of Health and Human Services shall
promulgate regulations to require that retail establish-
ments that are accessible to individuals under the age of
18, for which the predominant business is the sale of to-
bacco products, comply with any advertising restrictions
applicable to such establishments.
CHAPTER 4—COVERAGE OF CHILDHOOD
IMMUNIZATIONS
SEC. 1361. SHORT TITLE.
This chapter be cited as the ‘‘Comprehensive Insur-
ance Coverage of Childhood Immunization Act of 2001’’.
SEC. 1362. AMENDMENTS TO THE EMPLOYEE RETIREMENT
INCOME SECURITY ACT OF 1974.
(a) IN GENERAL.—Subpart B of part 7 of subtitle
B of title I of the Employee Retirement Income Security
Act of 1974 (29 U.S.C. 1185 et seq.), as amended by sec-
tion 1214, is further amended by adding at the end the
following:
‘‘SEC. 715. STANDARD RELATING TO COVERAGE OF CHILD-
HOOD IMMUNIZATION.
‘‘(a) IN GENERAL.—A group health plan, and a
health insurance issuer offering health insurance coverage
in connection with a group health plan, shall provide for
each plan year comprehensive coverage for routine immu-
nizations for each individual who is a dependent of a par-
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ticipant or beneficiary under the plan and is under 19
years of age.
‘‘(b) COMPREHENSIVE COVERAGE.—For purposes of
this section, comprehensive coverage for routine immuni-
zations for a plan year consists of coverage, without
deductibles, coinsurance, or other cost-sharing, for immu-
nizations (including the vaccine itself) in accordance with
the most recent version of the Recommended Childhood
Immunization Schedule issued prior to such plan year by
the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents in section 1 of the Employee Retirement Income Se-
curity Act of 1974, as amended by section 1214, is further
amended by inserting after the item relating to section
714 the following new item:
‘‘Sec. 715. Standard relating to coverage of childhood immunization.’’.
SEC. 1363. AMENDMENTS TO THE PUBLIC HEALTH SERVICE
ACT.
(a) GROUP MARKET.—Subpart 2 of part A of title
XXVII of the Public Health Service Act (42 U.S.C.
300gg–4 et seq.) is amended by adding at the end the
following:
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‘‘SEC. 2707. STANDARD RELATING TO COVERAGE OF CHILD-
HOOD IMMUNIZATION.
‘‘(a) IN GENERAL.—A group health plan, and a
health insurance issuer offering health insurance coverage
in connection with a group health plan, shall provide for
each plan year comprehensive coverage for routine immu-
nizations for each individual who is a dependent of a par-
ticipant or beneficiary under the plan and is under 19
years of age.
‘‘(b) COMPREHENSIVE COVERAGE.—For purposes of
this section, comprehensive coverage for routine immuni-
zations for a plan year consists of coverage, without
deductibles, coinsurance, or other cost-sharing, for immu-
nizations (including the vaccine itself) in accordance with
the most recent version of the Recommended Childhood
Immunization Schedule issued prior to such plan year by
the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention.’’.
(b) INDIVIDUAL MARKET.—The first subpart 3 of
part B of title XXVII of the Public Health Service Act
(42 U.S.C. 300gg–51 et seq.) (relating to other require-
ments) (42 U.S.C. 300gg–51 et seq.) is amended—
(1) by redesignating such subpart as subpart 2;
and
(2) by inserting after section 2753, as added by
section 1213(c), the following:
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‘‘SEC. 2754. STANDARD RELATING TO COVERAGE OF CHILD-
HOOD IMMUNIZATION.
‘‘The provisions of section 2707 shall apply to health
insurance coverage offered by a health insurance issuer
in the individual market in the same manner as they apply
to health insurance coverage offered by a health insurance
issuer in connection with a group health plan in the small
or large group market.’’.
SEC. 1364. AMENDMENTS TO THE INTERNAL REVENUE
CODE OF 1986.
Subchapter B of chapter 100 of the Internal Revenue
Code of 1986 is amended—
(1) in the table of sections, by inserting after
the item relating to section 9812 the following new
item:
‘‘Sec. 9813. Standard relating to coverage of childhood immuni-
zation.’’;
and
(2) by inserting after section 9812 the fol-
lowing:
‘‘SEC. 9813. STANDARD RELATING TO COVERAGE OF CHILD-
HOOD IMMUNIZATION.
‘‘(a) IN GENERAL.—A group health plan shall pro-
vide for each plan year comprehensive coverage for routine
immunizations for each individual who is a dependent of
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a participant or beneficiary under the plan and is under
19 years of age.
‘‘(b) COMPREHENSIVE COVERAGE.—For purposes of
this section, comprehensive coverage for routine immuni-
zations for a plan year consists of coverage, without
deductibles, coinsurance, or other cost-sharing, for immu-
nizations (including the vaccine itself) in accordance with
the most recent version of the Recommended Childhood
Immunization Schedule issued prior to such plan year by
the Advisory Committee on Immunization Practices of the
Centers for Disease Control and Prevention.’’.
SEC. 1365. EFFECTIVE DATES.
(a) GROUP HEALTH INSURANCE COVERAGE.—Sub-
ject to subsection (c), the amendments made by sections
1362, 1363(a), and 1364 apply with respect to group
health plans for plan years beginning on or after January
1, 2002.
(b) INDIVIDUAL HEALTH INSURANCE COVERAGE.—
The amendment made by section 1363(b) applies with re-
spect to health insurance coverage offered, sold, issued,
renewed, in effect, or operated in the individual market
on or after such date.
(c) COLLECTIVE BARGAINING EXCEPTION.—In the
case of a group health plan maintained pursuant to 1 or
more collective bargaining agreements between employee
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representatives and 1 or more employers ratified before
the date of enactment of this Act, the amendments made
sections 1362, 1363(a), and 1364 shall not apply to plan
years beginning before the later of—
(1) the earliest date as of which all such collec-
tive bargaining agreements relating to the plan have
terminated (determined without regard to any exten-
sion thereof agreed to after the date of the enact-
ment of this Act), or
(2) January 1, 2002.
For purposes of paragraph (1), any plan amendment made
pursuant to a collective bargaining agreement relating to
the plan which amends the plan solely to conform to any
requirement added by sections 1362, 1363(a), and 1364
shall not be treated as a termination of such collective bar-
gaining agreement.
Subtitle E—Reducing
Environmental Health Risks
CHAPTER 1—ENVIRONMENTAL
PROTECTION OF CHILDREN
SEC. 1401. SHORT TITLE.
This chapter may be cited as the ‘‘Children’s Envi-
ronmental Protection Act’’.
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SEC. 1402. ENVIRONMENTAL PROTECTION FOR CHILDREN
AND OTHER VULNERABLE SUBPOPULATIONS.
The Toxic Substances Control Act (15 U.S.C. 2601
et seq.) is amended by adding at the end the following:
‘‘TITLE 
V—ENVIRONMENTAL
PROTECTION FOR CHILDREN
AND 
OTHER 
VULNERABLE
SUBPOPULATIONS
‘‘SEC. 501. FINDINGS AND POLICY.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) the protection of public health and safety
depends on individuals and government officials
being aware of the pollution dangers that exist in
their homes, schools, and communities, and whether
those dangers present special threats to the health
of children and other vulnerable subpopulations;
‘‘(2) children spend much of their young lives
in schools and day care centers, and may face sig-
nificant exposure to pesticides and other environ-
mental pollutants in those locations;
‘‘(3) the metabolism, physiology, and diet of
children, and exposure patterns of children to envi-
ronmental pollutants, differ from those of adults,
and those differences and the inherent nature of im-
mature and developing systems of children can make
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children more susceptible than adults to the harmful
effects of environmental pollutants;
‘‘(4) a study conducted by the National Acad-
emy of Sciences that particularly considered the ef-
fects of pesticides on children concluded that current
approaches to assessing pesticide risks typically do
not consider risks to children and, as a result, cur-
rent standards and tolerances often fail to ade-
quately protect children;
‘‘(5) there are often insufficient data to enable
the Administrator, when establishing an environ-
mental and public health standard for an environ-
mental pollutant, to evaluate the special suscepti-
bility or exposure of children to environmental pol-
lutants;
‘‘(6) when data are lacking to evaluate the spe-
cial susceptibility or exposure of children to an envi-
ronmental pollutant, the Administrator generally—
‘‘(A) does not presume that the environ-
mental pollutant presents a special risk to chil-
dren; and
‘‘(B) does not apply a special or additional
margin of safety to protect the health of chil-
dren in establishing an environmental or public
health standard for that pollutant; and
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‘‘(7) safeguarding children from environmental
pollutants requires the systematic collection of data
concerning the special susceptibility and exposure of
children to those pollutants, and the adoption of an
additional safety factor of at least 10-fold in the es-
tablishment of environmental and public health
standards where reliable data are not available.
‘‘(b) POLICY.—It is the policy of the United States
that—
‘‘(1) the public has the right to be informed
about the pollution dangers to which children are
being exposed in their homes, schools and commu-
nities, and how those dangers may present special
health threats to children and other vulnerable sub-
populations;
‘‘(2) each environmental and public health
standard for an environmental pollutant established
by the Administrator must, with an adequate margin
of safety, protect children and other vulnerable sub-
populations;
‘‘(3) where data sufficient to evaluate the spe-
cial susceptibility and exposure of children (including
exposure in utero) to an environmental pollutant are
lacking, the Administrator should presume that the
environmental pollutant poses a special risk to chil-
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dren and should apply an appropriate additional
margin of safety of at least 10-fold in establishing
an environmental or public health standard for that
environmental pollutant;
‘‘(4) since it is difficult to identify all conceiv-
able risks and address all uncertainties associated
with pesticide use, the use of dangerous pesticides in
schools and day care centers should be eliminated;
and
‘‘(5) the Environmental Protection Agency, the
Department of Health and Human Services (includ-
ing the National Institute of Environmental Health
Sciences and the Agency for Toxic Substances and
Disease Registry), the National Institutes of Health,
and other Federal agencies should support research
on the short-term and long-term health effects of cu-
mulative and synergistic exposures of children and
other vulnerable subpopulations to environmental
pollutants.
‘‘SEC. 502. DEFINITIONS.
‘‘In this title:
‘‘(1) CHILD.—The term ‘child’ means an indi-
vidual 18 years of age or younger.
‘‘(2) 
COMMITTEE.—The 
term 
‘Committee’
means the Children’s Environmental Health Protec-
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tion Advisory Committee established under section
506.
‘‘(3) DAY CARE CENTER.—The term ‘day care
center’ means a center-based child care provider that
is licensed, regulated, or registered under applicable
State or local law.
‘‘(4) ENVIRONMENTAL POLLUTANT.—The term
‘environmental pollutant’ includes—
‘‘(A) a hazardous substance (as defined in
section 101 of the Comprehensive Environ-
mental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9601));
‘‘(B) a contaminant (as defined in section
1401 of the Safe Drinking Water Act (42
U.S.C. 300f));
‘‘(C) an air pollutant subject to regulation
under the Clean Air Act (42 U.S.C. 7401 et
seq.);
‘‘(D) a water pollutant subject to regula-
tion under the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.); and
‘‘(E) a pesticide subject to regulation
under the Federal Insecticide, Fungicide, and
Rodenticide Act (7 U.S.C. 136 et seq.).
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‘‘(5) PESTICIDE.—The term ‘pesticide’ has the
meaning given the term in section 2 of the Federal
Insecticide, Fungicide, and Rodenticide Act (7
U.S.C. 136).
‘‘(6) SCHOOL.—The term ‘school’ means an ele-
mentary school (as defined in section 14101 of the
Elementary and Secondary Education Act of 1965
(20 U.S.C. 8801)), a secondary school (as defined in
section 14101 of that Act), a kindergarten, or a
nursery school that is public or receives Federal
funding.
‘‘(7) 
VULNERABLE
SUBPOPULATION.—The
term ‘vulnerable subpopulation’ means—
‘‘(A) children;
‘‘(B) pregnant women;
‘‘(C) the elderly;
‘‘(D) individuals with a history of serious
illness; and
‘‘(E) any other subpopulation identified by
the Administrator as being likely to experience
special health risks from environmental pollut-
ants.
‘‘SEC. 503. SAFEGUARDING CHILDREN AND OTHER VULNER-
ABLE SUBPOPULATIONS.
‘‘(a) IN GENERAL.—The Administrator shall—
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‘‘(1) ensure that each environmental and public
health standard for an environmental pollutant pro-
tects children and other vulnerable subpopulations
with an adequate margin of safety;
‘‘(2) explicitly evaluate data concerning the spe-
cial susceptibility and exposure of children to any
environmental pollutant for which an environmental
or public health standard is established; and
‘‘(3) adopt an additional margin of safety of at
least 10-fold in the establishment of an environ-
mental or public health standard for an environ-
mental pollutant in the absence of reliable data on
toxicity and exposure of the child to an environ-
mental pollutant or if there is a lack of reliable data
on the susceptibility of the child to an environmental
pollutant for which the environmental and public
health standard is being established.
‘‘(b) ESTABLISHING, MODIFYING, OR REEVALUATING
ENVIRONMENTAL AND PUBLIC HEALTH STANDARDS.—
‘‘(1) IN GENERAL.—In establishing, modifying,
or reevaluating any environmental or public health
standard for an environmental pollutant under any
law administered by the Administrator, the Adminis-
trator shall take into consideration available infor-
mation concerning—
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‘‘(A) all routes of exposure of children to
that environmental pollutant; and
‘‘(B) the special susceptibility of children
to the environmental pollutant, including—
‘‘(i) neurological differences between
children and adults;
‘‘(ii) the effect of exposure to that en-
vironmental pollutant in utero; and
‘‘(iii) the cumulative effect on a child
of exposure to that environmental pollutant
and any other substance having a common
toxicological mechanism.
‘‘(2) ADDITIONAL SAFETY MARGIN.—If any of
the data described in paragraph (1) are not avail-
able, the Administrator shall, in completing a risk
assessment, risk characterization, or other assess-
ment of risk underlying an environmental or public
health standard, adopt an additional margin of safe-
ty of at least 10-fold to take into account—
‘‘(A) potential pre-natal and post-natal
toxicity of an environmental pollutant; and
‘‘(B) the completeness of data concerning
the exposure and toxicity of the environmental
pollutant to children.
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‘‘(c) IDENTIFICATION AND REVISION OF CURRENT
ENVIRONMENTAL
AND
PUBLIC
HEALTH
STANDARDS
THAT PRESENT SPECIAL RISKS TO CHILDREN.—
‘‘(1) IN GENERAL.—Not later than 1 year after
the date of enactment of this title and annually
thereafter, based on the recommendations of the
Committee, the Administrator shall—
‘‘(A) repromulgate, in accordance with this
section, at least 3 of the environmental and
public health standards identified by the Com-
mittee as posing a special risk to children; or
‘‘(B) publish a finding in the Federal Reg-
ister that provides the reasons of the Adminis-
trator for declining to repromulgate at least 3
of the environmental and public health stand-
ards identified by the Committee as posing a
special risk to children.
‘‘(2) DETERMINATION BY ADMINISTRATOR.—If
the Administrator makes the finding described in
paragraph (1)(B), the Administrator shall repromul-
gate in accordance with this section at least 3 envi-
ronmental and public health standards determined
to pose a greater risk to children’s health than the
environmental and public health standards identified
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by the Children’s Environmental Health Protection
Advisory Committee.
‘‘(3) REPORT.—Not later than 1 year after the
date of enactment of this title and annually there-
after, the Administrator shall submit a report to
Congress describing the progress made by the Ad-
ministrator in carrying out this subsection.
‘‘SEC. 504. SAFER ENVIRONMENT FOR CHILDREN.
‘‘Not later than 1 year after the date of enactment
of this title, the Administrator shall—
‘‘(1) identify environmental pollutants com-
monly used or found in areas that are reasonably ac-
cessible to children;
‘‘(2) create a scientifically peer-reviewed list of
substances identified under paragraph (1) with
known, likely, or suspected health risks to children;
‘‘(3) develop a scientifically peer reviewed list of
safer-for-children substances and products rec-
ommended by the Administrator for use in areas
that are reasonably accessible to children that, when
applied as recommended by the manufacturer, will
minimize potential risks to children from exposure to
environmental pollutants;
‘‘(4) establish guidelines to help reduce and
eliminate exposure of children to environmental pol-
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lutants in areas reasonably accessible to children, in-
cluding advice on how to establish an integrated pest
management program;
‘‘(5) develop a family right-to-know information
kit that includes a summary of helpful information
and guidance to families, such as—
‘‘(A) the information developed under
paragraph (3);
‘‘(B) the guidelines established under para-
graph (4);
‘‘(C) information on the potential health
effects of environmental pollutants;
‘‘(D) practical suggestions on how parents
may reduce the exposure of their children to en-
vironmental pollutants; and
‘‘(E) other information determined to be
relevant by the Administrator, in cooperation
with the Director of the Centers for Disease
Control and Prevention;
‘‘(6) make all information developed under this
subsection available to Federal and State agencies,
to the public, and on the Internet; and
‘‘(7) review and update the lists developed
under paragraphs (2) and (3) at least annually.
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‘‘SEC. 505. RESEARCH TO IMPROVE INFORMATION ON THE
EFFECTS OF ENVIRONMENTAL POLLUTANTS
ON CHILDREN.
‘‘(a) EXPOSURE AND TOXICITY DATA.—The Admin-
istrator, the Secretary of Agriculture, and the Secretary
of Health and Human Services shall coordinate and sup-
port the development and implementation of basic and ap-
plied research initiatives to examine—
‘‘(1) the health effects and toxicity of pesticides
(including active and inert ingredients) and other
environmental pollutants on children and other vul-
nerable subpopulations; and
‘‘(2) the exposure of children and other vulner-
able subpopulations to environmental pollutants.
‘‘(b) BIENNIAL REPORTS.—The Administrator, the
Secretary of Agriculture, and the Secretary of Health and
Human Services shall submit biennial reports to Congress
describing actions taken to carry out this section.
‘‘SEC. 506. CHILDREN’S ENVIRONMENTAL HEALTH PROTEC-
TION ADVISORY COMMITTEE.
‘‘(a) ESTABLISHMENT.—The Administrator shall es-
tablish a Children’s Environmental Health Protection Ad-
visory Committee to assist the Administrator in carrying
out this title.
‘‘(b) COMPOSITION.—The Committee shall be com-
prised of—
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‘‘(1) medical professionals specializing in pedi-
atric health;
‘‘(2) educators;
‘‘(3) representatives of community groups;
‘‘(4) representatives of environmental and pub-
lic health nonprofit organizations;
‘‘(5) industry representatives; and
‘‘(6) representatives of State environmental and
public health departments.
‘‘(c) DUTIES.—Not later than 2 years after the date
of enactment of this title and annually thereafter, the
Committee shall develop a list of standards that merit re-
evaluation by the Administrator in order to better protect
the health of children.
‘‘(d) TERMINATION.—The Committee shall terminate
not later than 15 years after the date on which the Com-
mittee is established.
‘‘SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums
as are necessary to carry out this title.’’.
SEC. 1403. CONFORMING AMENDMENT.
The table of contents in section 1 of the Toxic Sub-
stances Control Act (15 U.S.C. prec. 2601) is amended
by adding at the end the following:
‘‘TITLE V—ENVIRONMENTAL PROTECTION FOR CHILDREN AND
OTHER VULNERABLE SUBPOPULATIONS
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‘‘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 pol-
lutants on children.
‘‘Sec. 506. Children’s environmental health protection advisory committee.
‘‘Sec. 507. Authorization of appropriations.’’.
CHAPTER 2—SCHOOL ENVIRONMENTAL
PROTECTION
SEC. 1411. SHORT TITLE.
This chapter may be cited as the ‘‘School Environ-
ment Protection Act’’.
SEC. 1412. INTEGRATED PEST MANAGEMENT SYSTEMS FOR
SCHOOLS.
The Federal Insecticide, Fungicide, and Rodenticide
Act is amended—
(1) by redesignating sections 33 and 34 (7
U.S.C. 136x, 136y) as sections 34 and 35, respec-
tively; and
(2) by inserting after section 32 (7 U.S.C.
136w–7) the following:
‘‘SEC. 33. INTEGRATED PEST MANAGEMENT SYSTEMS FOR
SCHOOLS.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BOARD.—The term ‘Board’ means the Na-
tional School Integrated Pest Management Advisory
Board established under subsection (c).
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‘‘(2) CONTACT
PERSON.—The term ‘contact
person’ means an individual who is—
‘‘(A) knowledgeable about integrated pest
management systems; and
‘‘(B) designated by a local educational
agency as the contact person under subsection
(f).
‘‘(3) CRACK AND CREVICE TREATMENT.—The
term ‘crack and crevice treatment’ means the appli-
cation of small quantities of a pesticide in a building
into openings such as those commonly found at ex-
pansion joints, between levels of construction, and
between equipment and floors.
‘‘(4) 
EMERGENCY.—The 
term 
‘emergency’
means an urgent need to mitigate or eliminate a
pest that threatens the health or safety of a student
or staff member.
‘‘(5) FUND.—The term ‘Fund’ means the Inte-
grated Pest Management Trust Fund established
under subsection (m).
‘‘(6) INTEGRATED
PEST
MANAGEMENT
SYS-
TEM.—The term ‘integrated pest management sys-
tem’ means a managed pest control system that—
‘‘(A) eliminates or mitigates economic,
health, and aesthetic damage caused by pests;
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‘‘(B) uses—
‘‘(i) integrated methods;
‘‘(ii) site or pest inspections;
‘‘(iii) pest population monitoring;
‘‘(iv) an evaluation of the need for
pest control; and
‘‘(v) 1 or more pest control methods,
including sanitation, structural repair, me-
chanical and biological controls, other non-
chemical methods, and (if nontoxic options
are unreasonable and have been exhausted)
least toxic pesticides; and
‘‘(C) minimizes—
‘‘(i) the use of pesticides; and
‘‘(ii) the risk to human health and the
environment associated with pesticide ap-
plications.
‘‘(7) LEAST TOXIC PESTICIDES.—
‘‘(A) IN GENERAL.—The term ‘least toxic
pesticides’ means—
‘‘(i) 
boric 
acid 
and 
disodium
octoborate tetrahydrate;
‘‘(ii) silica gels;
‘‘(iii) diatomaceous earth;
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‘‘(iv) nonvolatile insect and rodent
baits in tamper resistant containers or for
crack and crevice treatment only;
‘‘(v) microbe-based insecticides;
‘‘(vi) botanical insecticides (not in-
cluding synthetic pyrethroids) without toxic
synergists;
‘‘(vii) biological, living control agents;
and
‘‘(viii) materials for which the
inert ingredients are nontoxic and dis-
closed.
‘‘(B) EXCLUSIONS.—The term ‘least toxic
pesticides’ does not include a pesticide that is
determined by the Administrator to be an
acutely or moderately toxic pesticide, car-
cinogen, mutagen, teratogen, reproductive toxin,
developmental neurotoxin, endocrine disrupter,
or immune system toxin, and any application of
the pesticide using a broadcast spray, dust,
tenting, fogging, or baseboard spray applica-
tion.
‘‘(8) LIST.—The term ‘list’ means the list of
least toxic pesticides established under subsection
(d).
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‘‘(9) LOCAL EDUCATIONAL AGENCY.—The term
‘local educational agency’ has the meaning given the
term in section 14101 of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 8801).
‘‘(10) OFFICIAL.—The term ‘official’ means the
official appointed by the Administrator under sub-
section (e).
‘‘(11) PERSON.—The term ‘person’ means—
‘‘(A) an individual that attends, has chil-
dren enrolled in, works at, or uses a school;
‘‘(B) a resident of a school district; and
‘‘(C) any other individual that may be af-
fected by pest management activities of a
school.
‘‘(12) PESTICIDE.—
‘‘(A) IN GENERAL.—The term ‘pesticide’
means any substance or mixture of substances,
including herbicides and bait stations, intended
for—
‘‘(i) preventing, destroying, repelling,
or mitigating any pest;
‘‘(ii) use as a plant regulator, defo-
liant, or desiccant; or
‘‘(iii) use as a spray adjuvant such as
a wetting agent or adhesive.
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‘‘(B) EXCLUSION.—The term ‘pesticide’
does not include antimicrobial agents such as
disinfectants or deodorizers used for cleaning
products.
‘‘(13) SCHOOL.—The term ‘school’ means a
public—
‘‘(A) elementary school (as defined in sec-
tion 14101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 8801));
‘‘(B) secondary school (as defined in sec-
tion 14101 of that Act); or
‘‘(C) kindergarten or nursery school.
‘‘(14) SCHOOL GROUNDS.—
‘‘(A) IN
GENERAL.—The term ‘school
grounds’ means the area outside of the school
buildings controlled, managed, or owned by the
school or school district.
‘‘(B) 
INCLUSIONS.—The 
term 
‘school
grounds’ includes a lawn, playground, sports
field, and any other property or facility con-
trolled, managed, owned, or leased for use for
a school-sponsored event, by a school.
‘‘(15) SPACE SPRAYING.—
‘‘(A) IN
GENERAL.—The term ‘space
spraying’ means application of a pesticide by
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discharge into the air throughout an inside
area.
‘‘(B) INCLUSION.—The term ‘space spray-
ing’ includes the application of a pesticide using
a broadcast spray, dust, tenting, or fogging.
‘‘(C) EXCLUSION.—The term ‘space spray-
ing’ does not include crack and crevice treat-
ment.
‘‘(16) STAFF MEMBER.—
‘‘(A) IN GENERAL.—The term ‘staff mem-
ber’ means an employee of a school or local
educational agency.
‘‘(B) INCLUSIONS.—The term ‘staff mem-
ber’ includes an administrator, teacher, and
other person that is regularly employed by a
school or local educational agency.
‘‘(C) EXCLUSIONS.—The term ‘staff mem-
ber’ does not include—
‘‘(i) an employee hired by a school,
local educational agency, or State to apply
a pesticide; or
‘‘(ii) a person assisting in the applica-
tion of a pesticide.
‘‘(17) STATE
EDUCATIONAL
AGENCY.—The
term ‘State educational agency’ has the meaning
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given the term in section 14101 of the Elementary
and Secondary Education Act of 1965 (20 U.S.C.
8801).
‘‘(18) UNIVERSAL
NOTIFICATION.—The term
‘universal notification’ means notice provided by a
local educational agency or school to—
‘‘(A) all parents or guardians of children
attending the school; and
‘‘(B) staff members of the school or local
educational agency.
‘‘(b) INTEGRATED PEST MANAGEMENT SYSTEMS.—
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with the Secretary of Education, shall es-
tablish a National School Integrated Pest Manage-
ment Advisory System to develop and update uni-
form standards and criteria for implementing inte-
grated pest management systems in schools.
‘‘(2) IMPLEMENTATION.—Not later than 18
months after the date of enactment of this sub-
section, each local educational agency of a school
district shall develop and implement in each of the
schools in the school district an integrated pest man-
agement system that complies with this section.
‘‘(3) STATE PROGRAMS.—If, on the date of en-
actment of this section, a State maintains an inte-
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grated pest management system that meets the
standards and criteria established under paragraph
(1) (as determined by the Board), a local edu-
cational agency in the State may continue to imple-
ment the system in a school or in the school district
in accordance with paragraph (2).
‘‘(4) APPLICATION TO SCHOOLS AND SCHOOL
GROUNDS.—The requirements of this section that
apply to a school, including the requirement to im-
plement an integrated management system, apply to
pesticide application in a school building and on the
school grounds.
‘‘(5) 
APPLICATION
OF
PESTICIDES
WHEN
SCHOOLS IN USE.—A school shall prohibit—
‘‘(A) the application of a pesticide when a
school or school grounds are occupied or in use;
or
‘‘(B) the use of an area or room treated by
a pesticide, other than a least toxic pesticide,
during the 24-hour period beginning at the end
of the treatment.
‘‘(c) NATIONAL SCHOOL INTEGRATED PEST MAN-
AGEMENT ADVISORY BOARD.—
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with the Secretary of Education, shall es-
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tablish a National School Integrated Pest Manage-
ment Advisory Board to—
‘‘(A) establish uniform standards and cri-
teria for developing integrated pest manage-
ment systems and policies in schools;
‘‘(B) develop standards for the use of least
toxic pesticides in schools; and
‘‘(C) advise the Administrator on any other
aspects of the implementation of this section.
‘‘(2) COMPOSITION
OF
BOARD.—The Board
shall be composed of 12 members and include 1 rep-
resentative from each of the following groups:
‘‘(A) Parents.
‘‘(B) Public health care professionals.
‘‘(C) Medical professionals.
‘‘(D) State integrated pest management
system coordinators.
‘‘(E) Independent integrated pest manage-
ment specialists that have carried out school in-
tegrated pest management programs.
‘‘(F) Environmental advocacy groups.
‘‘(G) Children’s health advocacy groups.
‘‘(H) Trade organization for pest control
operators.
‘‘(I) Teachers and staff members.
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‘‘(J) School maintenance staff.
‘‘(K) School administrators.
‘‘(L) School board members.
‘‘(3) APPOINTMENT.—Not later than 180 days
after the date of enactment of this section, the Ad-
ministrator shall appoint members of the Board
from nominations received from Parent Teacher As-
sociations, school districts, States, and other inter-
ested persons and organizations.
‘‘(4) TERM.—
‘‘(A) IN
GENERAL.—A member of the
Board shall serve for a term of 5 years, except
that the Administrator may shorten the terms
of the original members of the Board in order
to provide for a staggered term of appointment
for all members of the Board.
‘‘(B) CONSECUTIVE
TERMS.—Subject to
subparagraph (C), a member of the Board shall
not serve consecutive terms unless the term of
the member has been reduced by the Adminis-
trator.
‘‘(C) MAXIMUM TERM.—In no event may a
member of the Board serve for more than 6
consecutive years.
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‘‘(5) 
MEETINGS.—The 
Administrator 
shall
convene—
‘‘(A) an initial meeting of the Board not
later than 60 days after the appointment of the
members; and
‘‘(B) subsequent meetings on a periodic
basis, but not less often than 2 times each year.
‘‘(6) COMPENSATION.—A member of the Board
shall serve without compensation, but may be reim-
bursed by the Administrator for expenses (in accord-
ance with section 5703 of title 5, United States
Code) incurred in performing duties as a member of
the Board.
‘‘(7) CHAIRPERSON.—The Board shall select a
Chairperson for the Board.
‘‘(8) QUORUM.—A majority of the members of
the Board shall constitute a quorum for the purpose
of conducting business.
‘‘(9) DECISIVE VOTES.—Two-thirds of the votes
cast at a meeting of the Board at which a quorum
is present shall be decisive for any motion.
‘‘(10) ADMINISTRATION.—The Administrator—
‘‘(A) shall—
‘‘(i) authorize the Board to hire a
staff director; and
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‘‘(ii) detail staff of the Environmental
Protection Agency, or allow for the hiring
of staff for the Board; and
‘‘(B) subject to the availability of appro-
priations, may pay necessary expenses incurred
by the Board in carrying out this subtitle, as
determined appropriate by the Administrator.
‘‘(11) RESPONSIBILITIES OF THE BOARD.—
‘‘(A) IN GENERAL.—The Board shall pro-
vide recommendations to the Administrator re-
garding the implementation of this section.
‘‘(B) LIST OF LEAST TOXIC PESTICIDES.—
Not later than 1 year after the initial meeting
of the Board, the Board shall—
‘‘(i) review implementation of this sec-
tion (including use of least toxic pes-
ticides); and
‘‘(ii) review and make recommenda-
tions to the Administrator with respect to
new proposed active and inert ingredients
or proposed amendments to the list in ac-
cordance with subsection (d).
‘‘(C) TECHNICAL ADVISORY PANELS.—
‘‘(i) IN GENERAL.—The Board shall
convene technical advisory panels to pro-
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vide scientific evaluations of the materials
considered for inclusion on the list.
‘‘(ii) 
COMPOSITION.—A 
panel 
de-
scribed in clause (i) shall include experts
on integrated pest management, children’s
health, entomology, health sciences, and
other relevant disciplines.
‘‘(D) SPECIAL REVIEW.—
‘‘(i) IN GENERAL.—Not later than 2
years after the initial meeting of the
Board, the Board shall review, with the as-
sistance of a technical advisory panel, pes-
ticides used in school buildings and on
school grounds for their acute toxicity and
chronic 
effects, 
including 
cancer,
mutations, birth defects, reproductive dys-
function, neurological and immune system
effects, and endocrine system disruption.
‘‘(ii) DETERMINATION.—The Board—
‘‘(I) shall determine whether the
use of pesticides described in clause
(i) may endanger the health of chil-
dren; and
‘‘(II) may recommend to the Ad-
ministrator restrictions on pesticide
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use in school buildings and on school
grounds.
‘‘(12) REQUIREMENTS.—In establishing the
proposed list, the Board shall—
‘‘(A) review available information from the
Environmental Protection Agency, the National
Institute of Environmental Health Studies,
medical and scientific literature, and such other
sources as appropriate, concerning the potential
for adverse human and environmental effects of
substances considered for inclusion in the pro-
posed list; and
‘‘(B) cooperate with manufacturers of sub-
stances considered for inclusion in the proposed
list to obtain a complete list of ingredients and
determine that such substances contain inert
ingredients that are generally recognized as
safe.
‘‘(13) PETITIONS.—The Board shall establish
procedures under which individuals may petition the
Board for the purpose of evaluating substances for
inclusion on the list.
‘‘(14) PERIODIC REVIEW.—
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‘‘(A) IN GENERAL.—The Board shall re-
view each substance included on the list at least
once during each 5-year period beginning on—
‘‘(i) the date that the substance was
initially included on the list; or
‘‘(ii) the date of the last review of the
substance under this subsection.
‘‘(B) SUBMISSION
TO
ADMINISTRATOR.—
The Board shall submit the results of a review
under subparagraph (A) to the Administrator
with a recommendation as to whether the sub-
stance should continue to be included on the
list.
‘‘(15) CONFIDENTIALITY.—Any business sen-
sitive material obtained by the Board in carrying out
this section shall be treated as confidential business
information by the Board and shall not be released
to the public.
‘‘(d) LIST OF LEAST TOXIC PESTICIDES; PESTICIDE
REVIEW.—
‘‘(1) IN
GENERAL.—The Board shall rec-
ommend to the Administrator a list of least toxic
pesticides (including the pesticides described in sub-
section (a)(7)) that may be used as least toxic pes-
ticides, any restrictions on the use of the listed pes-
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ticides, and any recommendations regarding restric-
tions on all other pesticides, in accordance with this
section.
‘‘(2) PROCEDURE FOR EVALUATING PESTICIDE
USE.—
‘‘(A) LIST OF LEAST TOXIC PESTICIDES.—
‘‘(i) IN GENERAL.—The Administrator
shall establish a list of least toxic pes-
ticides that may be used in school build-
ings and on school grounds, including any
restrictions on the use of the pesticides,
that is based on the list prepared by the
Board.
‘‘(ii) REGULATORY REVIEW.—The Ad-
ministrator shall initiate regulatory review
of all other pesticides recommended for re-
striction by the Board.
‘‘(B) RECOMMENDATIONS.—Not later than
1 year after receiving the proposed list and re-
strictions, and recommended restrictions on all
other pesticides from the Board, the Adminis-
trator shall—
‘‘(i) publish the proposed list and re-
strictions and all other proposed pesticide
restrictions in the Federal Register and
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seek public comment on the proposed pro-
posals; and
‘‘(ii) after evaluating all comments re-
ceived concerning the proposed list and re-
strictions, but not later than 1 year after
the close of the period during which public
comments are accepted, publish the final
list and restrictions in the Federal Reg-
ister, together with a discussion of com-
ments received.
‘‘(C) FINDINGS.—Not later than 2 years
after publication of the final list and restric-
tions, the Administrator shall make a deter-
mination and issue findings on whether use of
registered pesticides in school buildings and on
school grounds may endanger the health of chil-
dren.
‘‘(D) NOTICE AND COMMENT.—
‘‘(i) IN
GENERAL.—Prior to estab-
lishing or making amendments to the list,
the Administrator shall publish the pro-
posed list or any proposed amendments to
the list in the Federal Register and seek
public comment on the proposals.
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‘‘(ii) RECOMMENDATIONS.—The Ad-
ministrator shall include in any publication
described in clause (i) any changes or
amendments to the proposed list that are
recommended to and by the Administrator.
‘‘(E) PUBLICATION OF LIST.—After evalu-
ating all comments received concerning the pro-
posed list or proposed amendments to the list,
the Administrator shall publish the final list in
the Federal Register, together with a descrip-
tion of comments received.
‘‘(e) OFFICE OF PESTICIDE PROGRAMS.—
‘‘(1) 
ESTABLISHMENT.—The 
Administrator
shall appoint an official for school pest management
within the Office of Pesticide Programs of the Envi-
ronmental Protection Agency to coordinate the de-
velopment and implementation of integrated pest
management systems in schools.
‘‘(2) DUTIES.—The official shall—
‘‘(A) coordinate the development of school
integrated pest management systems and poli-
cies;
‘‘(B) consult with schools concerning—
‘‘(i) issues related to the integrated
pest management systems of schools;
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‘‘(ii) the use of least toxic pesticides;
and
‘‘(iii) the registration of pesticides,
and amendments to the registrations, as
the registrations and amendments relate to
the use of integrated pest management
systems in schools; and
‘‘(C) support and provide technical assist-
ance to the Board.
‘‘(f) CONTACT PERSON.—
‘‘(1) IN
GENERAL.—Each local educational
agency of a school district shall designate a contact
person for carrying out an integrated pest manage-
ment system in schools in the school district.
‘‘(2) DUTIES.—The contact person of a school
district shall—
‘‘(A) maintain information about pesticide
applications inside and outside schools within
the school district, in school buildings, and on
school grounds;
‘‘(B) act as a contact for inquiries about
the integrated pest management system;
‘‘(C) maintain material safety data sheets
and labels for all pesticides that may be used in
the school district;
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‘‘(D) be informed of Federal and State
chemical health and safety information and con-
tact information;
‘‘(E) maintain scheduling of all pesticide
usage for schools in the school district;
‘‘(F) maintain contact with Federal and
State integrated pest management system ex-
perts; and
‘‘(G) obtain periodic updates and training
from State integrated pest management system
experts.
‘‘(3) PESTICIDE
USE
DATA.—A local edu-
cational agency of a school district shall—
‘‘(A) maintain all pesticide use data for
each school in the school district; and
‘‘(B) on request, make the data available
to the public for review.
‘‘(g) NOTICE OF INTEGRATED PEST MANAGEMENT
SYSTEM.—
‘‘(1) IN GENERAL.—At the beginning of each
school year, each local educational agency or school
of a school district shall include a notice of the inte-
grated pest management system of the school dis-
trict in school calendars or other forms of universal
notification.
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‘‘(2) CONTENTS.—The notice shall include a de-
scription of—
‘‘(A) the integrated pest management sys-
tem of the school district;
‘‘(B) any pesticide (including any least
toxic pesticide) or bait station that may be used
in a school building or on school grounds as
part of the integrated pest management system;
‘‘(C) the name, address, and telephone
number of the contact person of the school dis-
trict;
‘‘(D) a statement that—
‘‘(i) the contact person maintains the
product label and material safety data
sheet of each pesticide (including each
least toxic pesticide) and bait station that
may be used by a school in buildings or on
school grounds;
‘‘(ii) the label and data sheet is avail-
able for review by a parent, guardian, staff
member, or student attending the school;
and
‘‘(iii) the contact person is available to
parents, guardians, and staff members for
information and comment; and
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‘‘(E) the time and place of any meetings
that will be held under subsection (g)(1).
‘‘(3) USE OF PESTICIDES.—A local educational
agency or school may use a pesticide during a school
year only if the use of the pesticide has been dis-
closed in the notice required under paragraph (1) at
the beginning of the school year.
‘‘(4) NEW EMPLOYEES AND STUDENTS.—After
the beginning of each school year, a local educational
agency or school of a school district shall provide
the notice required under this subsection to—
‘‘(A) each new staff member who is em-
ployed during the school year; and
‘‘(B) the parent or guardian of each new
student enrolled during the school year.
‘‘(h) USE OF PESTICIDES.—
‘‘(1) IN GENERAL.—If a local educational agen-
cy or school determines that a pest in the school or
on school grounds cannot be controlled after having
used the integrated pest management system of the
school or school district and least toxic pesticides,
the school may use a pesticide (other than space
spraying of the pesticide) to control the pest in ac-
cordance with this subsection.
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‘‘(2) 
PRIOR
NOTIFICATION
OF
PARENTS,
GUARDIANS, AND STAFF MEMBERS.—
‘‘(A) IN GENERAL.—Subject to paragraphs
(4) and (5), not less than 72 hours before a
pesticide (other than a least toxic pesticide) is
used by a school, the school shall provide to a
parent or guardian of each student enrolled at
the school and each staff member of the school,
notice that includes—
‘‘(i) the common name, trade name,
and Environmental Protection Agency reg-
istration number of the pesticide;
‘‘(ii) a description of the location of
the application of the pesticide;
‘‘(iii) a description of the date and
time of application, except that, in the case
of outdoor pesticide applications, 1 notice
shall include 3 dates, in chronological
order, that the outdoor pesticide applica-
tions may take place if the preceding date
is canceled;
‘‘(iv) a statement that ‘The Office of
Pesticide Programs of the United States
Environmental Protection Agency has stat-
ed: ‘Where possible, persons who poten-
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tially are sensitive, such as pregnant
women and infants (less than 2 years old),
should avoid any unnecessary pesticide ex-
posure.’;
‘‘(v) a description of potential adverse
effects of the pesticide based on the mate-
rial safety data sheet of the pesticide;
‘‘(vi) a description of the reasons for
the application of the pesticide;
‘‘(vii) the name and telephone number
of the contact person of the school district;
and
‘‘(viii) any additional warning infor-
mation related to the pesticide.
‘‘(B) METHOD
OF
NOTIFICATION.—The
school may provide the notice required by sub-
paragraph (A) by—
‘‘(i) written notice sent home with the
student and provided to the staff member;
‘‘(ii) a telephone call;
‘‘(iii) direct contact; or
‘‘(iv) written notice mailed at least 1
week before the application.
‘‘(C) REISSUANCE.—If the date of the ap-
plication of the pesticide needs to be extended
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beyond the period required for notice under this
paragraph, the school shall reissue the notice
under this paragraph for the new date of appli-
cation.
‘‘(3) POSTING OF SIGNS.—
‘‘(A) IN GENERAL.—Subject to paragraphs
(4) and (5), at least 72 hours before a pesticide
(other than a least toxic pesticide) is used by a
school, the school shall post a sign that provides
notice of the application of the pesticide—
‘‘(i) in a prominent place that is in or
adjacent to the location to be treated; and
‘‘(ii) at each entrance to the building
or school grounds to be treated.
‘‘(B) ADMINISTRATION.—A sign required
under subparagraph (A) for the application of
a pesticide shall—
‘‘(i) remain posted for at least 72
hours after the end of the treatment;
‘‘(ii) be at least 81⁄2 inches by 11
inches; and
‘‘(iii) state the same information as
that required for prior notification of the
application under paragraph (2).
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‘‘(C) 
OUTDOOR
PESTICIDE
APPLICA-
TIONS.—
‘‘(i) IN GENERAL.—In the case of out-
door pesticide applications, each sign shall
include 3 dates, in chronological order,
that the outdoor pesticide application may
take place if the preceding date is canceled
due to weather.
‘‘(ii) DURATION OF POSTING.—A sign
described in clause (i) shall be posted after
an outdoor pesticide application in accord-
ance with subparagraph (B).
‘‘(4) ADMINISTRATION.—
‘‘(A) APPLICATORS.—Paragraphs (2) and
(3) shall apply to any person that applies a pes-
ticide in a school or on school grounds, includ-
ing a custodian, staff member, or commercial
applicator.
‘‘(B) TIME OF YEAR.—Paragraphs (2) and
(3) shall apply to a school—
‘‘(i) during the school year; and
‘‘(ii) during holidays and the summer
months, if the school is in use, with notice
provided to all staff members and the par-
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ents or guardians of the students that are
using the school in an authorized manner.
‘‘(5) EMERGENCIES.—
‘‘(A) IN GENERAL.—A school may apply a
pesticide (other than a least toxic pesticide) in
the school or on school grounds without com-
plying with paragraphs (2) and (3) in an emer-
gency, subject to subparagraph (B).
‘‘(B) SUBSEQUENT NOTIFICATION OF PAR-
ENTS, GUARDIANS, AND STAFF MEMBERS.—Not
later than the earlier of the time that is 24
hours after a school applies a pesticide under
this paragraph or on the morning of the next
school day, the school shall provide to each par-
ent or guardian of a student enrolled at the
school, and staff member of the school, notice
of the application of the pesticide for emergency
pest control that includes—
‘‘(i) the information required for a no-
tice under paragraph (2)(A);
‘‘(ii) a description of the problem and
the factors that qualified the problem as
an emergency that threatened the health or
safety of a student or staff member; and
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‘‘(iii) a description of the steps the
school will take in the future to avoid
emergency application of a pesticide under
this paragraph.
‘‘(C) METHOD
OF
NOTIFICATION.—The
school may provide the notice required by sub-
paragraph (B) by—
‘‘(i) written notice sent home with the
student and provided to the staff member;
‘‘(ii) a telephone call; or
‘‘(iii) direct contact.
‘‘(D) POSTING OF SIGNS.—A school apply-
ing a pesticide under this paragraph shall post
a sign warning of the pesticide application in
accordance with paragraph (3).
‘‘(E) MODIFICATION OF INTEGRATED PEST
MANAGEMENT PLANS.—If a school in a school
district applies a pesticide under this para-
graph, the local educational agency of the
school district shall modify the integrated pest
management plan of the school district to mini-
mize the future applications of pesticides under
this paragraph.
‘‘(6) DRIFT
OF
PESTICIDES
ONTO
SCHOOL
GROUNDS.—Each local educational agency, State
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pesticide lead agency, and the Administrator are en-
couraged to—
‘‘(A) identify sources of pesticides that
drift from treated land to school grounds of the
educational agency; and
‘‘(B) take steps necessary to create an in-
door and outdoor school environment that are
protected from pesticides described in subpara-
graph (A).
‘‘(i) MEETINGS.—
‘‘(1) IN GENERAL.—Before the beginning of a
school year, at the beginning of each new calendar
year, and at a regularly scheduled meeting of a
school board, each local educational agency shall
provide an opportunity for the contact person des-
ignated under subsection (d) to receive and address
public comments regarding the integrated pest man-
agement system of the school district.
‘‘(2) EMERGENCY
MEETINGS.—An emergency
meeting of a school board to address a pesticide ap-
plication may be called under locally appropriate
procedures for convening emergency meetings.
‘‘(j) INVESTIGATIONS AND ORDERS.—
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‘‘(1) IN
GENERAL.—Not later than 60 days
after receiving a complaint of a violation of this sec-
tion, the Administrator shall—
‘‘(A) conduct an investigation of the com-
plaint;
‘‘(B) determine whether it is reasonable to
believe the complaint has merit; and
‘‘(C) notify the complainant and the per-
son alleged to have committed the violation of
the findings of the Administrator.
‘‘(2) PRELIMINARY
ORDER.—If the Adminis-
trator determines it is reasonable to believe a viola-
tion occurred, the Administrator shall issue a pre-
liminary order (that includes findings) to impose the
penalty described in subsection (j).
‘‘(3) OBJECTIONS TO PRELIMINARY ORDER.—
‘‘(A) IN
GENERAL.—Not later than 30
days after the preliminary order is issued under
paragraph (2), the complainant and the person
alleged to have committed the violation may—
‘‘(i) file objections to the preliminary
order (including findings); and
‘‘(ii) request a hearing on the record.
‘‘(B) FINAL ORDER.—If a hearing is not
requested within 30 days after the preliminary
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order is issued, the preliminary order shall be
final and not subject to judicial review.
‘‘(4) HEARING.—A hearing under this sub-
section shall be conducted expeditiously.
‘‘(5) FINAL ORDER.—Not later than 120 days
after the end of the hearing, the Administrator shall
issue a final order.
‘‘(6) SETTLEMENT
AGREEMENT.—Before the
final order is issued, the proceeding may be termi-
nated by a settlement agreement, which shall remain
open, entered into by the Administrator, the com-
plainant, and the person alleged to have committed
the violation.
‘‘(7) COSTS.—
‘‘(A) IN GENERAL.—If the Administrator
issues a final order against a school or school
district for violation of this section and the
complainant requests, the Administrator may
assess against the person against whom the
order is issued the costs (including attorney’s
fees) reasonably incurred by the complainant in
bringing the complaint.
‘‘(B) AMOUNT.—The Administrator shall
determine the amount of the costs that were
reasonably incurred by the complainant.
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‘‘(8) JUDICIAL REVIEW AND VENUE.—
‘‘(A) IN GENERAL.—A person adversely af-
fected by an order issued after a hearing under
this subsection may file a petition for review
not later than 60 days after the date that the
order is issued, in a district court of the United
States or other United States court for any dis-
trict in which a local educational agency or
school is found, resides, or transacts business.
‘‘(B) TIMING.—The review shall be heard
and decided expeditiously.
‘‘(C) COLLATERAL REVIEW.—An order of
the Administrator subject to review under this
paragraph shall not be subject to judicial review
in a criminal or other civil proceeding.
‘‘(k) CIVIL PENALTY.—
‘‘(1) IN GENERAL.—Any local educational agen-
cy, school, or person that violates this section may
be assessed a civil penalty by the Administrator
under subsections (h) and (i), respectively, of not
more than $10,000 for each offense.
‘‘(2) TRANSFER TO TRUST FUND.—Except as
provided in subsection (i)(4)(B), civil penalties col-
lected under paragraph (1) shall be deposited in the
Fund.
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‘‘(l) INTEGRATED
PEST
MANAGEMENT
TRUST
FUND.—
‘‘(1) ESTABLISHMENT.—There is established in
the Treasury of the United States a trust fund to
be known as the ‘Integrated Pest Management
Trust Fund’, consisting of—
‘‘(A) amounts deposited in the Fund under
subsection (j)(2);
‘‘(B) amounts transferred to the Secretary
of the Treasury for deposit into the Fund under
paragraph (5); and
‘‘(C) any interest earned on investment of
amounts in the Fund under paragraph (3).
‘‘(2) EXPENDITURES FROM FUND.—
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), on request by the Administrator, the
Secretary of the Treasury shall transfer from
the Fund to the Administrator, without further
appropriation, such amounts as the Secretary
determines are necessary to provide funds to
each State educational agency of a State, in
proportion to the amount of civil penalties col-
lected in the State under subsection (j)(1), to
carry out education, training, propagation, and
development activities under integrated pest
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management systems of schools in the State to
remedy the harmful effects of actions taken by
the persons that paid the civil penalties.
‘‘(B) 
ADMINISTRATIVE
EXPENSES.—An
amount not to exceed 6 percent of the amounts
in the Fund shall be available for each fiscal
year to pay the administrative expenses nec-
essary to carry out this subsection.
‘‘(3) INVESTMENT OF AMOUNTS.—
‘‘(A) IN GENERAL.—The Secretary of the
Treasury shall invest such portion of the Fund
as is not, in the judgment of the Secretary of
the Treasury, required to meet current with-
drawals. Investments may be made only in in-
terest-bearing obligations of the United States.
‘‘(B) ACQUISITION OF OBLIGATIONS.—For
the purpose of investments under subparagraph
(A), obligations may be acquired—
‘‘(i) on original issue at the issue
price; or
‘‘(ii) by purchase of outstanding obli-
gations at the market price.
‘‘(C) SALE OF OBLIGATIONS.—Any obliga-
tion acquired by the Fund may be sold by the
Secretary of the Treasury at the market price.
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‘‘(D) CREDITS TO FUND.—The interest on,
and the proceeds from the sale or redemption
of, any obligations held in the Fund shall be
credited to and form a part of the Fund.
‘‘(4) TRANSFERS OF AMOUNTS.—
‘‘(A) IN GENERAL.—The amounts required
to be transferred to the Fund under this sub-
section shall be transferred at least monthly
from the general fund of the Treasury to the
Fund on the basis of estimates made by the
Secretary of the Treasury.
‘‘(B) ADJUSTMENTS.—Proper adjustment
shall be made in amounts subsequently trans-
ferred to the extent prior estimates were in ex-
cess of or less than the amounts required to be
transferred.
‘‘(5) ACCEPTANCE AND USE OF DONATIONS.—
The Secretary may accept and use donations to
carry out paragraph (2)(A). Amounts received by
the Secretary in the form of donations shall be
transferred to the Secretary of the Treasury for de-
posit into the Fund.
‘‘(m) EMPLOYEE PROTECTION.—
‘‘(1) IN GENERAL.—No local educational agen-
cy, school, or person may harass, prosecute, hold lia-
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ble, or discriminate against any employee or other
person because the employee or other person—
‘‘(A) is assisting or demonstrating an in-
tent to assist in achieving compliance with this
section (including any regulation);
‘‘(B) is refusing to violate or assist in the
violation of this section (including any regula-
tion); or
‘‘(C) has commenced, caused to be com-
menced, or is about to commence a proceeding,
has testified or is about to testify at a pro-
ceeding, or has assisted or participated or is
about to participate in any manner in such a
proceeding or in any other action to carry out
this section.
‘‘(2) COMPLAINTS.—Not later than 1 year after
an alleged violation occurred, an employee or other
person alleging a violation of this section, or another
person at the request of the employee, may file a
complaint with the Administrator.
‘‘(3) REMEDIAL ACTION.—If the Administrator
decides, on the basis of a complaint, that a local
educational agency, school, or person violated para-
graph (1), the Administrator shall order the local
educational agency, school, or person to—
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‘‘(A) take affirmative action to abate the
violation;
‘‘(B) reinstate the complainant to the
former position with the same pay and terms
and privileges of employment; and
‘‘(C) pay compensatory damages, including
back pay.
‘‘(n) GRANTS.—
‘‘(1) IN GENERAL.—The Administrator, in con-
sultation with the Secretary of Education, shall pro-
vide grants to local educational agencies to develop
and implement integrated pest management systems
in schools in the school district of the local edu-
cational agencies.
‘‘(2) AMOUNT.—The amount of a grant pro-
vided to a local educational agency of a school dis-
trict under paragraph (1) shall be based on the ratio
that the number of students enrolled in schools in
the school district bears to the total number of stu-
dents enrolled in schools in all school districts in the
United States.
‘‘(o) RELATIONSHIP TO STATE AND LOCAL REQUIRE-
MENTS.—This section (including regulations promulgated
under this section) shall not preempt requirements im-
posed on local educational agencies and schools related to
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the use of integrated pest management by State or local
law (including regulations) that are more stringent than
the requirements imposed under this section.
‘‘(p) REGULATIONS.—Subject to subsection (m), the
Administrator shall promulgate such regulations as are
necessary to carry out this section.
‘‘(q) RESTRICTION ON PESTICIDE USE.—Not later
than 6 years after the date of enactment of this section,
no pesticide, other than a pesticide that is defined as a
least toxic pesticide under this subsection, shall be used
in a school or on school grounds unless the Administrator
has met the deadlines and requirements of this section.
‘‘(r) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$7,000,000 for each of fiscal years 2002 through 2006.’’.
SEC. 1413. CONFORMING AMENDMENT.
The table of contents in section 1(b) of the Federal
Insecticide, Fungicide, and Rodenticide Act (7 U.S.C.
prec. 121) is amended by striking the items relating to
sections 30 through 32 and inserting the following:
‘‘Sec. 30. Minimum requirements for training of maintenance applicators and
service technicians.
‘‘Sec. 31. Environmental Protection Agency minor use program.
‘‘Sec. 32. Department of Agriculture minor use program.
‘‘(a) In general.
‘‘(b)(1) Minor use pesticide data.
‘‘(2) Minor Use Pesticide Data Revolving Fund.
‘‘Sec. 33. Integrated pest management systems for schools.
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‘‘(a) Definitions.
‘‘(1) Board.
‘‘(2) Contact person.
‘‘(3) Crack and crevice treatment.
‘‘(4) Emergency.
‘‘(5) Fund.
‘‘(6) Integrated pest management system.
‘‘(7) Least toxic pesticides.
‘‘(8) List.
‘‘(9) Local educational agency.
‘‘(10) Official.
‘‘(11) Person.
‘‘(12) Pesticide.
‘‘(13) School.
‘‘(14) School grounds.
‘‘(15) Space spraying.
‘‘(16) Staff member.
‘‘(17) State educational agency.
‘‘(18) Universal notification.
‘‘(b) Integrated pest management systems.
‘‘(1) In general.
‘‘(2) Implementation.
‘‘(3) State programs.
‘‘(4) Application to schools and school grounds.
‘‘(5) Application of pesticides when schools in use.
‘‘(c) National School Integrated Pest Management Advisory
Board.
‘‘(1) In general.
‘‘(2) Composition of Board.
‘‘(3) Appointment.
‘‘(4) Term.
‘‘(5) Meetings.
‘‘(6) Compensation.
‘‘(7) Chairperson.
‘‘(8) Quorum.
‘‘(9) Decisive votes.
‘‘(10) Administration.
‘‘(11) Responsibilities of the Board.
‘‘(12) Requirements.
‘‘(13) Petitions.
‘‘(14) Periodic review.
‘‘(15) Confidentiality.
‘‘(d) List of least toxic pesticides.
‘‘(1) In general.
‘‘(2) Procedure for evaluating pesticide use.
‘‘(e) Office of Pesticide Programs.
‘‘(1) Establishment.
‘‘(2) Duties.
‘‘(f) Contact person.
‘‘(1) In general.
‘‘(2) Duties.
‘‘(3) Pesticide use data.
‘‘(g) Notice of integrated pest management system.
‘‘(1) In general.
‘‘(2) Contents.
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‘‘(3) Use of pesticides.
‘‘(4) New employees and students.
‘‘(h) Use of pesticides.
‘‘(1) In general.
‘‘(2) Prior notification of parents, guardians, and staff
members.
‘‘(3) Posting of signs.
‘‘(4) Administration.
‘‘(5) Emergencies.
‘‘(6) Drift of pesticides onto school grounds.
‘‘(i) Meetings.
‘‘(1) In general.
‘‘(2) Emergency meetings.
‘‘(j) Investigations and orders.
‘‘(1) In general.
‘‘(2) Preliminary order.
‘‘(3) Objections to preliminary order.
‘‘(4) Hearing.
‘‘(5) Final order.
‘‘(6) Settlement agreement.
‘‘(7) Costs.
‘‘(8) Judicial review and venue.
‘‘(k) Civil penalty.
‘‘(1) In general.
‘‘(2) Transfer to Trust Fund.
‘‘(l) Integrated Pest Management Trust Fund.
‘‘(1) Establishment.
‘‘(2) Expenditures from Fund.
‘‘(3) Investment of amounts.
‘‘(4) Transfers of amounts.
‘‘(5) Acceptance and use of donations.
‘‘(m) Employee protection.
‘‘(1) In general.
‘‘(2) Complaints.
‘‘(3) Remedial action.
‘‘(n) Grants.
‘‘(1) In general.
‘‘(2) Amount.
‘‘(o) Relationship to State and local requirements.
‘‘(p) Regulations.
‘‘(q) Restriction on pesticide use.
‘‘(r) Authorization of appropriations.
‘‘Sec. 34. Severability.
‘‘Sec. 35. Authorization of appropriations.’’.
SEC. 1414. EFFECTIVE DATE.
This chapter and the amendments made by this chap-
ter take effect on October 1, 2001.
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TITLE II—HEALTHY START - SUP-
PORT FOR HEALTHY DEVEL-
OPMENT
Subtitle A—Promotion of State and
Local Support
SEC. 2001. STATE AND LOCAL PARENTING SUPPORT AND
EDUCATION GRANT PROGRAM.
(a) STATE ALLOTMENTS.—
(1) IN GENERAL.—The Secretary of Health and
Human Services (referred to in this section as the
‘‘Secretary’’) shall make grants, from allotments
made under paragraph (2), to eligible States to sup-
port parenting support and education programs.
(2) ALLOTMENTS.—From the funds appro-
priated under subsection (h) for a fiscal year, the
Secretary shall allot to each State an amount that
bears the same relationship to the funds as the total
number of children in the State bears to the total
number of children in all States, but no State shall
receive less than 1⁄2 of 1 percent of the funds.
(3) RESERVATION.—
(A) IN
GENERAL.—For each State in
which the population of Indians (including Alas-
ka Natives) is more than 2 percent of the popu-
lation of the State, the Governor of the State
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shall reserve for Indian tribes 2 percent of the
funds received through an allotment made
under paragraph (2).
(B) DISTRIBUTION.—
(i) IN GENERAL.—Except as described
in clause (ii), from the funds reserved
under subparagraph (A), the Governor
shall allocate to each Indian tribe in the
State an amount that bears the same rela-
tionship to the funds as the total number
of children in the tribe bears to the total
number of children in all Indian tribes in
the State.
(ii) ALASKA.—The Governor of Alas-
ka shall allocate the funds reserved under
subparagraph (A) for Indian tribes in
Alaska to the nonprofit entities described
in section 419(4)(B) of the Social Security
Act (42 U.S.C. 619(4)(B)). The Governor
shall allocate to each region of the State,
for such entities, an amount that bears the
same relationship to the funds as the total
number of Alaska Native children in the
region bears to the total number of Alaska
Native children in all regions of the State.
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(C) DEFINITIONS.—In this paragraph:
(i) 
ALASKA
NATIVE.—The 
term
‘‘Alaska Native’’ has the meaning given
the term ‘‘Native’’ in section 3 of the Alas-
ka Native Claims Settlement Act (43
U.S.C. 1602).
(ii) 
INDIAN; 
INDIAN
TRIBE.—The
terms ‘Indian’ and ‘Indian tribe’ have the
meanings given the terms in section 4 of
the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 450b).
(b) STATE PARENTING SUPPORT AND EDUCATION
COUNCILS.—
(1) IN GENERAL.—To be eligible to receive a
grant under subsection (a), the Governor of each
State shall appoint or designate an existing entity
(as of the date of the appointment or designation)
to serve as a State Parenting Support and Edu-
cation Council (referred to in this section as the
‘‘Council’’), which shall include—
(A) representatives of parents;
(B) representatives of the State govern-
ment;
(C) bipartisan representation from the
State legislature;
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(D) representatives from communities; and
(E) representatives of children’s organiza-
tions interested in promoting parenting support
and education programs.
(2) RESPONSIBILITIES.—
(A) ASSESSMENT.—The Council shall con-
duct a needs and resources assessment of par-
enting support and education programs in the
State to—
(i) determine areas in which such pro-
grams are lacking or inadequate; and
(ii) identify the additional programs
that are needed and the programs that re-
quire additional resources.
(B) GRANTS.—On completion of the as-
sessment, the Council for a State may use the
grant received by the State under subsection (a)
to make grants under subsection (c) in a man-
ner that takes into account the results of the
assessment.
(c) GRANTS TO STATE AND LOCAL AGENCIES AND
ENTITIES.—
(1) IN GENERAL.—The Council may carry out
a program under which the Council makes grants to
State agencies to provide parenting support and edu-
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cation programs on a statewide basis, or to local
agencies (including schools) and nonprofit service
providers (including faith-based organizations) to
provide parenting support and education programs.
(2) APPLICATIONS.—To be eligible to receive a
grant under this subsection, an agency or entity
shall submit an application to a Council at such
time, in such manner, and containing such informa-
tion as the Council may require.
(d) LOCAL USE OF FUNDS.—An agency or entity
that receives a grant under subsection (c) may use the
funds made available through the grant to carry out par-
enting support and education programs that—
(1) provide parenting support to promote early
brain development and childhood development and
education, including—
(A) providing assistance to schools to offer
classroom instruction on brain stimulation,
child development, and early childhood edu-
cation;
(B) distributing materials developed by en-
tities that reflect best parenting practices;
(C) developing and distributing referral in-
formation on programs and services available to
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children and families at the local level, includ-
ing information on eligibility criteria;
(D) conducting voluntary hospital visits for
postpartum women and in-home visits for fami-
lies with infants, toddlers, or newly adopted
children to provide hands-on training and one-
on-one instruction on brain stimulation, child
development, and early childhood education;
and
(E) carrying out parenting education pro-
grams, including training programs, with re-
spect to best parenting practices;
(2) provide parenting support for parents of
adolescents and youth, including providing funds for
services and support for parents and other care-
givers of adolescents and youth being served by a
range of education, social service, mental health,
health, runaway, and homeless youth programs,
which parenting support—
(A) may be provided by the Boys and Girls
Club, the YMCA, the YWCA, entities that pro-
vide after school programs, entities that provide
4-H programs, or other community based orga-
nizations; and
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(B) may include providing parent-caregiver
support groups, peer support groups, parent
education classes, seminars or discussion groups
on problems facing adolescents and youth, or
advocates and mentors to help parents under-
stand and work with schools, the courts, and
various treatment programs; or
(3) provide parenting support and education re-
source centers, including—
(A) centers that may serve as a single
point of contact for the provision to children
and their families of comprehensive services,
which—
(i) shall include services available to
children from Federal, State, and local
government agencies and nonprofit organi-
zations; and
(ii) may include child care, respite
care, pediatric care, child abuse prevention
programs, 
nutrition 
programs, 
parent
training, infant and child cardiopulmonary
resuscitation programs, safety training,
caregiver training and education, and other
related programs;
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(B) centers that provide a national toll-free
parent hotline that provides 24-hour consulta-
tion and advice, on an anonymous basis, includ-
ing referrals to local community-based services;
and
(C) centers that provide respite care for
parents with children with special needs, single
mothers, and parents with at-risk youth.
(e) REPORTING.—Each agency or entity that receives
a grant under this section shall prepare and submit to the
Council every 2 years a report describing the program that
the agency or entity carried out under this section, the
number of parents and children served, and the success
of the program in supporting and educating parents using
specific performance measures.
(f) ADMINISTRATIVE COSTS.—Not more than 5 per-
cent of the amount made available through a grant re-
ceived by a State under subsection (a) may be used for
the administrative expenses of the State Council in imple-
menting the grant program described in subsection (c).
(g) SUPPLEMENT
NOT SUPPLANT.—Funds appro-
priated pursuant to this section shall be used to supple-
ment and not supplant other Federal, State, and local
public funds expended for parenting support and edu-
cation programs.
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(h) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to carry out this section
$100,000,000 for each of fiscal years 2002 and 2003,
$200,000,000 for each of fiscal years 2004 and 2005, and
$300,000,000 for fiscal year 2006.
(i) DEFINITION.—In this section, the term ‘‘child’’
means an individual who is younger than age 18.
Subtitle B—Support for Parents
Caring for Children
SEC. 2101. SHORT TITLE.
This subtitle may be cited as the ‘‘Family and Med-
ical Leave Fairness Act of 2001’’.
SEC. 2102. FINDINGS.
Congress finds that—
(1) the Family and Medical Leave Act of 1993
(29 U.S.C. 2601 et seq.) has provided employees
with a significant new tool in balancing the needs of
their families with the demands of work;
(2) the Family and Medical Leave Act of 1993
has had a minimal impact on business, and over 90
percent of private employers covered by the Act ex-
perienced little or no cost and a minimal, or positive,
impact on productivity as a result of the Act;
(3) although both employers at workplaces with
large numbers of employees and employers at work-
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places with small numbers of employees reported
that compliance with the Family and Medical Leave
Act of 1993 involved very easy administration and
low costs, the smaller employers found it easier and
less expensive to comply with the Act than the larger
employers;
(4) over three-quarters of worksites with under
50 employees covered by the Family and Medical
Leave Act of 1993 report no cost increases or small
cost increases associated with compliance with the
Act;
(5) in 1998, 27 percent of Americans needed to
take family or medical leave but were unable to do
so, and 44 percent of these employees did not take
such leave because they would have lost their jobs or
their employers did not allow it;
(6) only 57 percent of the private workforce is
currently protected by the Family and Medical
Leave Act of 1993; and
(7) 13,000,000 more private employees, or an
additional 14 percent of the private workforce, would
be protected by the Family and Medical Leave Act
of 1993 if the Act was expanded to cover private
employers with 25 or more employees.
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SEC. 2103. COVERAGE OF EMPLOYEES.
Paragraphs (2)(B)(ii) and (4)(A)(i) of section 101 of
the Family and Medical Leave Act of 1993 (29 U.S.C.
2611(2)(B)(ii) and (4)(A)(i)) are amended by striking
‘‘50’’ each place it appears and inserting ‘‘25’’.
Subtitle C—Paid Family Leave
SEC. 2201. SHORT TITLE.
This subtitle may be cited as the ‘‘Family Income to
Respond to Significant Transitions Insurance Act’’.
SEC. 2202. FINDINGS.
Congress finds that—
(1) nearly every industrialized nation other than
the United States, and most developing nations, pro-
vide parents with paid leave for infant care;
(2)(A) parents’ interactions with their infants
have a major influence on the physical, cognitive,
and social development of the infants; and
(B) optimal development of an infant depends
on a strong attachment between an infant and the
infant’s parents;
(3) nearly 2⁄3 of employees, who need to take
family or medical leave, but do not take the leave,
report that they cannot afford to take the leave;
(4) although some employees in the United
States receive wage replacement during periods of
family or medical leave, the benefit of wage replace-
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ment is not shared equally in the workforce, as dem-
onstrated by the fact that—
(A) employees with less education and
lower income are less likely to receive wage re-
placement than employees with more education
and higher salaries; and
(B) female employees, employees from ra-
cial minority groups, and younger employees
are slightly less likely to receive wage replace-
ment than male employees, white employees,
and older employees, respectively;
(5) in order to cope financially with taking fam-
ily or medical leave, of persons taking that leave
without full wage replacement—
(A) 40 percent cut their leave short;
(B) 39 percent put off paying bills;
(C) 25 percent borrowed money; and
(D) 9 percent obtained public assistance;
(6) taking family or medical leave often drives
employees earning low wages into poverty, and 21
percent of such low-wage employees who take family
or medical leave without full wage replacement re-
sort to public assistance;
(7) studies document shortages in the supply of
infant care, and that the shortages are expected to
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worsen as welfare reform measures are implemented;
and
(8) compared to 30 years ago, families have ex-
perienced an average decrease of 22 hours per week
in time that parents spend with their children.
SEC. 2203. PURPOSES.
The purposes of this subtitle are—
(1) to establish a demonstration program that
supports the efforts of States and political subdivi-
sions to provide partial or full wage replacement,
often referred to as FIRST insurance, to new par-
ents so that the new parents are able to spend time
with a new infant or newly adopted child, and to
other employees; and
(2) to learn about the most effective mecha-
nisms for providing the wage replacement assistance.
SEC. 2204. DEFINITIONS.
In this subtitle:
(1) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Labor, acting after consultation
with the Secretary of Health and Human Services.
(2) SON
OR
DAUGHTER; STATE.—The terms
‘‘son or daughter’’ and ‘‘State’’ have the meanings
given the terms in section 101 of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2611).
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SEC. 2205. DEMONSTRATION PROJECTS.
(a) GRANTS.—The Secretary shall make grants to eli-
gible entities to pay for the Federal share of the cost of
carrying out projects that assist families by providing,
through various mechanisms, wage replacement for eligi-
ble individuals that are responding to caregiving needs re-
sulting from the birth or adoption of a son or daughter
or other family caregiving needs. The Secretary shall make
the grants for periods of 5 years.
(b) ELIGIBLE ENTITIES.—To be eligible to receive a
grant under this section, an entity shall be a State or polit-
ical subdivision of a State.
(c) USE OF FUNDS.—
(1) IN
GENERAL.—An entity that receives a
grant under this section may use the funds made
available through the grant to provide partial or full
wage replacement as described in subsection (a) to
eligible individuals—
(A) directly;
(B) through an insurance program, such
as a State temporary disability insurance pro-
gram or the State unemployment compensation
benefit program;
(C) through a private disability or other
insurance plan, or another mechanism provided
by a private employer; or
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(D) through another mechanism.
(2) ADMINISTRATIVE
COSTS.—No entity may
use more than 10 percent of the total funds made
available through the grant during the 5-year period
of the grant to pay for the administrative costs re-
lating to a project described in subsection (a).
(d) ELIGIBLE INDIVIDUALS.—To be eligible to re-
ceive wage replacement under subsection (a), an individual
shall—
(1) meet such eligibility criteria as the eligible
entity providing the wage replacement may specify
in an application described in subsection (e); and
(2) be—
(A) an individual who is taking leave,
under the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.), other Federal,
State, or local law, or a private plan, for a rea-
son described in subparagraph (A) or (B) of
section 102(a)(1) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2612(a)(1));
(B) at the option of the eligible entity, an
individual who—
(i) is taking leave, under that Act,
other Federal, State, or local law, or a pri-
vate plan, for a reason described in sub-
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paragraph (C) or (D) of section 102(a)(1)
of the Family and Medical Leave Act of
1993 (29 U.S.C. 2612(a)(1)); or
(ii) leaves employment because the in-
dividual has elected to care for a son or
daughter under age 1; or
(C) at the option of the eligible entity, an
individual with other characteristics specified by
the eligible entity in an application described in
subsection (e).
(e) APPLICATION.—To be eligible to receive a grant
under this section, an entity shall submit an application
to the Secretary, at such time, in such manner, and con-
taining such information as the Secretary may require, in-
cluding, at a minimum—
(1) a plan for the project to be carried out with
the grant;
(2) information demonstrating that the appli-
cant consulted representatives of employers and em-
ployees, including labor organizations, in developing
the plan;
(3) estimates of the costs and benefits of the
project;
(4)(A) information on the number and type of
families to be covered by the project, and the extent
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of such coverage in the area served under the grant;
and
(B) information on any criteria or characteris-
tics that the entity will use to determine whether an
individual is eligible for wage replacement under
subsection (a), as described in paragraphs (1) and
(2)(C) of subsection (d);
(5) if the project will expand on State and pri-
vate systems of wage replacement for eligible indi-
viduals, information on the manner in which the
project will expand on the systems;
(6) information demonstrating the manner in
which the wage replacement assistance provided
through the project will assist families in which an
individual takes leave as described in subsection
(d)(1); and
(7) an assurance that the applicant will partici-
pate in efforts to evaluate the effectiveness of the
project.
(f) SELECTION CRITERIA.—In selecting entities to re-
ceive grants for projects under this section, the Secretary
shall—
(1) take into consideration—
(A) the scope of the proposed projects;
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(B) the cost-effectiveness, feasibility, and
financial soundness of the proposed projects;
(C) the extent to which the proposed
projects would expand access to wage replace-
ment in response to family caregiving needs,
particularly for low-wage employees, in the area
served by the grant; and
(D) the benefits that would be offered to
families and children through the proposed
projects; and
(2) to the extent feasible, select entities pro-
posing projects that utilize diverse mechanisms, in-
cluding expansion of State unemployment compensa-
tion benefit programs, and establishment or expan-
sion of State temporary disability insurance pro-
grams, to provide the wage replacement.
(g) FEDERAL SHARE.—
(1) IN GENERAL.—The Federal share of the
cost described in subsection (a) shall be—
(A) 50 percent for the first year of the
grant period;
(B) 40 percent for the second year of that
period;
(C) 30 percent for the third year of that
period; and
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(D) 20 percent for each subsequent year.
(2) NON-FEDERAL
SHARE.—The non-Federal
share of the cost may be in cash or in kind, fairly
evaluated, including plant, equipment, and services
and may be provided from State, local, or private
sources, or Federal sources other than this subtitle.
(h) SUPPLEMENT NOT SUPPLANT.—Funds appro-
priated pursuant to the authority of this subtitle shall be
used to supplement and not supplant other Federal, State,
and local public funds and private funds expended to pro-
vide wage replacement.
(i) EFFECT ON EXISTING RIGHTS.—Nothing in this
subtitle shall be construed to supersede, preempt, or other-
wise infringe on the provisions of any collective bargaining
agreement or any employment benefit program or plan
that provides greater rights to employees than the rights
established under this subtitle.
SEC. 2206. EVALUATIONS AND REPORTS.
(a) AVAILABLE FUNDS.—The Secretary shall use not
more than 2 percent of the funds made available under
section 2205 to carry out this section.
(b) EVALUATIONS.—The Secretary shall, directly or
by contract, evaluate the effectiveness of projects carried
out with grants made under section 2205, including
conducting—
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(1) research relating to the projects, including
research comparing—
(A) the scope of the projects, including the
type of insurance or other wage replacement
mechanism used, the method of financing used,
the eligibility requirements, the level of the
wage replacement benefit provided (such as the
percentage of salary replaced), and the length
of the benefit provided, for the projects;
(B) the utilization of the projects, includ-
ing the characteristics of individuals who ben-
efit from the projects, particularly low-wage
workers, and factors that determine the ability
of eligible individuals to obtain wage replace-
ment through the projects; and
(C) the costs of and savings achieved by
the projects, including the cost-effectiveness of
the projects and their benefits for children and
families;
(2) analysis of the overall need for wage re-
placement; and
(3) analysis of the impact of the projects on the
overall availability of wage replacement.
(c) REPORTS.—
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(1) INITIAL REPORT.—Not later than 3 years
after the beginning of the grant period for the first
grant made under section 2205, the Secretary shall
prepare and submit to Congress a report that con-
tains information resulting from the evaluations con-
ducted under subsection (b).
(2) SUBSEQUENT REPORTS.—Not later than 4
years after the beginning of that grant period, and
annually thereafter, the Secretary shall prepare and
submit to Congress a report that contains—
(A) information resulting from the evalua-
tions conducted under subsection (b); and
(B) usage data for the demonstration
projects, for the most recent year for which
data are available.
SEC. 2207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this subtitle $400,000,000 for fiscal year 2002 and such
sums as may be necessary for each subsequent fiscal year.
Subtitle D—Health Care for the
Uninsured
SEC. 2301. FAMILYCARE COVERAGE OF PARENTS UNDER
THE MEDICAID PROGRAM AND TITLE XXI.
(a) INCENTIVES TO IMPLEMENT FAMILYCARE COV-
ERAGE.—
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(1) UNDER MEDICAID.—
(A) ESTABLISHMENT OF NEW OPTIONAL
ELIGIBILITY
CATEGORY.—Section
1902(a)(10)(A)(ii) of the Social Security Act
(42 U.S.C. 1396a(a)(10)(A)(ii)) is amended—
(i) by striking ‘‘or’’ at the end of sub-
clause (XVI);
(ii) by adding ‘‘or’’ at the end of sub-
clause (XVII); and
(iii) by adding at the end the fol-
lowing new subclause:
‘‘(XVIII) who are parents de-
scribed in subsection (k)(1), but only
if the State meets the conditions de-
scribed in subsection (k)(2);’’.
(B) CONDITIONS FOR COVERAGE.—Section
1902 of such Act is further amended by insert-
ing after subsection (j) the following new sub-
section:
‘‘(k)(1)(A) Parents described in this paragraph are
the parents of an individual who is under 19 years of age
(or such higher age as the State may have elected under
section 1902(l)(1)(D)) and who is eligible and enrolled for
medical assistance under subsection (a)(10)(A), if—
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‘‘(i) such parents are not otherwise eligible for
such assistance under such subsection; and
‘‘(ii) the income of the family that includes such
parents does not exceed an income level specified by
the State consistent with paragraph (2)(B).
‘‘(B) In this subsection, the term ‘parent’ has the
meaning given the term ‘caretaker’ for purposes of car-
rying out section 1931, and such additional meaning as
defined by the State and approved by the Secretary.
‘‘(2) The conditions for a State to provide medical
assistance under subsection (a)(10)(A)(ii)(XVIII) are as
follows:
‘‘(A) The State has a State child health plan
under title XXI which (whether implemented under
such title or under this title)—
‘‘(i) has an income standard (or will estab-
lish an income standard that is effective at the
time additional allotments are available to the
State under section 2104(d), as amended by the
Leave No Child Behind Act of 2001) for chil-
dren that is at least 200 percent of the poverty
line; and
‘‘(ii) does not limit the acceptance of appli-
cations, does not use a waiting list for children
who meet eligibility standards to qualify for as-
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sistance, and provides benefits to all children in
the State who apply for and meet eligibility
standards.
‘‘(B) The income level specified under para-
graph (1)(A)(ii) for parents in a family exceeds the
income level applicable under section 1931 but does
not exceed the highest income level applicable to a
child in the family under this title. A State may not
cover such parents with higher family income with-
out covering parents with a lower family income.
‘‘(3) In the case of a parent described in paragraph
(1) who is also the parent of a child who is eligible and
enrolled for child health assistance under title XXI, the
State may elect (on a uniform basis) to cover all such par-
ents under section 2111 or under subsection (a)(10)(A).’’.
(C) ENHANCED MATCHING FUNDS AVAIL-
ABLE.—Section 1905 of such Act (42 U.S.C.
1396d) is amended—
(i) in the fourth sentence of sub-
section (b), by striking ‘‘or subsection
(u)(3)’’ and inserting ‘‘, (u)(3), or (u)(4)’’;
and
(ii) in subsection (u)—
(I) by redesignating paragraph
(4) as paragraph (6), and
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(II) by inserting after paragraph
(3) the following new paragraph:
‘‘(4) For purposes of subsection (b) and section
2105(a)(1):
‘‘(A) FAMILYCARE
PARENTS.—The expendi-
tures described in this subparagraph are the fol-
lowing:
‘‘(i) PARENTS.—Expenditures for medical
assistance made available under section 1931,
or under section 1902(a)(10)(A)(ii)(XVIII) for
parents described in section 1902(k)(1), in a
family the income of which exceeds the income
level applicable under such section 1931 to a
family of the size involved as of January 1,
2000.
‘‘(ii) CERTAIN
PREGNANT
WOMEN.—Ex-
penditures for medical assistance for pregnant
women under section 1902(l)(1)(A) in a family
the income of which exceeds the income level
applicable under section 1902(l)(2)(A) to a
family of the size involved as of January 1,
2000.’’.
(D) APPROPRIATION FROM TITLE XXI AL-
LOTMENT FOR CERTAIN MEDICAID EXPANSION
COSTS.—Section 2105(a)(1)(C) of such Act (42
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HR 1990 IH
U.S.C. 1397ee(a)(1)(C))) is amended by insert-
ing ‘‘and for medical assistance that is attrib-
utable to expenditures described in section
1905(u)(4)(A)’’ before the semicolon.
(E) ONLY COUNTING ENHANCED PORTION
FOR
COVERAGE
OF
ADDITIONAL
PREGNANT
WOMEN.—Section 1905 of such Act (42 U.S.C.
1396d) is amended—
(i) in the fourth sentence of sub-
section (b), by inserting ‘‘(except in the
case of expenditures described in sub-
section (u)(5))’’ after ‘‘do not exceed’’;
(ii) in subsection (u), by inserting
after paragraph (4) (as inserted by sub-
paragraph (C)), the following new para-
graph:
‘‘(5) For purposes of the fourth sentence of sub-
section (b) and section 2105(a), the following payments
under this title do not count against a State’s allotment
under section 2104:
‘‘(A) REGULAR FMAP FOR EXPENDITURES FOR
PREGNANT WOMEN WITH INCOME ABOVE JANUARY
1, 2000 INCOME LEVEL AND BELOW 185 PERCENT OF
POVERTY.—The portion of the payments made for
expenditures described in paragraph (4)(A)(ii) that
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represents the amount that would have been paid if
the enhanced FMAP had not been substituted for
the Federal medical assistance percentage.’’.
(2) UNDER TITLE XXI.—
(A) FAMILYCARE COVERAGE.—Title XXI
of such Act is amended by adding at the end
the following new section:
‘‘SEC. 2111. OPTIONAL FAMILYCARE COVERAGE OF PAR-
ENTS OF TARGETED LOW-INCOME CHILDREN.
‘‘(a) OPTIONAL COVERAGE.—Notwithstanding any
other provision of this title, a State child health plan may
provide for coverage, through an amendment to its State
child health plan under section 2102, of FamilyCare as-
sistance for targeted low-income parents in accordance
with this section, but only if—
‘‘(1) the State meets the conditions described in
section 1902(k)(2); and
‘‘(2) the State elects to provide medical assist-
ance under section 1902(a)(10)(A)(ii)(XVIII) and
elects an applicable income limit that is not lower
than the limit described in subsection (b)(2)(A).
‘‘(b) DEFINITIONS.—For purposes of this section:
‘‘(1) FAMILYCARE
ASSISTANCE.—The term
‘FamilyCare assistance’ has the meaning given the
term child health assistance in section 2110(a) as if
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any reference to targeted low-income children were
a reference to targeted low-income parents.
‘‘(2) TARGETED
LOW-INCOME
PARENT.—The
term ‘targeted low-income parent’ has the meaning
given the term targeted low-income child in section
2110(b) as if the reference to a child were deemed
a reference to a parent (as defined in paragraph (3))
of the child; except that in applying such section—
‘‘(A) there shall be substituted for the in-
come limit described in paragraph (1)(B)(ii)(I)
the applicable income limit in effect for a tar-
geted low-income child;
‘‘(B) in paragraph (3), January 1, 2000,
shall be substituted for July 1, 1997; and
‘‘(C) in paragraph (4), January 1, 2000,
shall be substituted for March 31, 1997.
‘‘(3) PARENT.—The term ‘parent’ has the
meaning given the term ‘caretaker’ for purposes of
carrying out section 1931, and such additional
meaning as defined by the State and approved by
the Secretary.
‘‘(4) OPTIONAL
TREATMENT
OF
PREGNANT
WOMEN
AS
PARENTS.—A State child health plan
may treat a pregnant woman who is not otherwise
a parent as a targeted low-income parent for pur-
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or, in the case of a pregnant woman described in
subsection (b)(4), the income level established under
section 1902(l)(2)(A).’’.
(B) ADDITIONAL ALLOTMENT FOR STATES
PROVIDING FAMILYCARE.—
(i) IN
GENERAL.—Section 2104 of
such Act (42 U.S.C. 1397dd) is amended
by inserting after subsection (c) the fol-
lowing new subsection:
‘‘(d) ADDITIONAL ALLOTMENTS FOR STATE PRO-
VIDING FAMILYCARE.—
‘‘(1) APPROPRIATION; TOTAL
ALLOTMENT.—
For the purpose of providing additional allotments
to States electing to provide FamilyCare coverage
under section 2111, there is appropriated, out of any
money in the Treasury not otherwise appropriated—
‘‘(A) for fiscal year 2002, $2,000,000,000;
‘‘(B) for fiscal year 2003, $2,000,000,000;
‘‘(C) for fiscal year 2004, $3,000,000,000;
‘‘(D) for fiscal year 2005, $3,000,000,000;
‘‘(E) for fiscal year 2006, $6,000,000,000;
‘‘(F) for fiscal year 2007, $7,000,000,000;
‘‘(G) for fiscal year 2008, $8,000,000,000;
‘‘(H) for fiscal year 2009, $9,000,000,000;
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‘‘(I) for fiscal year 2010, $10,000,000,000;
and
‘‘(J) for fiscal year 2011 and each fiscal
year thereafter, the amount of the allotment
provided under this paragraph for the preceding
fiscal year increased by the percentage increase
(if any) in the medical care expenditure cat-
egory of the Consumer Price Index for All
Urban Consumers (United States city average).
‘‘(2) STATE AND TERRITORIAL ALLOTMENTS.—
‘‘(A) IN GENERAL.—In addition to the al-
lotments provided under subsections (b) and
(c), subject to paragraph (3), of the amount
available for the additional allotments under
paragraph (1) for a fiscal year, the Secretary
shall allot to each State with a State child
health plan approved under this title and which
has elected to provide coverage under section
2111 during the fiscal year—
‘‘(i) in the case of such a State other
than a commonwealth or territory de-
scribed in clause (ii), the same proportion
as the proportion of the State’s allotment
under section 2104(b) (determined without
regard to section 2104(f)) to 98.95 percent
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of the total amount of the allotments
under such section for such States eligible
for an allotment under this subparagraph
for such fiscal year; and
‘‘(ii) in the case of a commonwealth or
territory described in section 2104(c)(3),
the same proportion as the proportion of
the commonwealth’s or territory’s allot-
ment under section 2104(c) (determined
without regard to section 2104(f)) to 1.05
percent of the total amount of the allot-
ments under such section for common-
wealths and territories eligible for an allot-
ment under this subparagraph for such fis-
cal year.
‘‘(B) REDISTRIBUTION OF UNUSED ALLOT-
MENTS.—In applying subsection (f) with re-
spect to additional allotments made available
under this subsection, the procedures estab-
lished under such subsection shall ensure such
additional allotments are only made available to
States which have elected to provide coverage
under section 2111.
‘‘(3) USE OF ADDITIONAL ALLOTMENT.—Addi-
tional allotments provided under this subsection are
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not available for amounts expended before October
1, 2001. Such amounts are available for amounts ex-
pended on or after such date for child health assist-
ance for targeted low-income children, as well as for
FamilyCare assistance.’’.
(ii) 
CONFORMING
AMENDMENTS.—
Section 2104 of such Act (42 U.S.C.
1397dd) is further amended—
(I) in subsection (a), by inserting
‘‘subject to subsection (d),’’ after
‘‘under this section,’’;
(II) in subsection (b)(1), by in-
serting ‘‘and subsection (d)’’ after
‘‘Subject to paragraph (4)’’; and
(III) in subsection (c)(1), by in-
serting ‘‘subject to subsection (d),’’
after ‘‘for a fiscal year,’’.
(C) NO COST-SHARING FOR PREGNANCY-
RELATED
BENEFITS.—Section 2103(e)(2) of
such 
Act 
(42 
U.S.C. 
1397cc(e)(2)) 
is
amended—
(i) in the heading, by inserting ‘‘AND
PREGNANCY-RELATED
SERVICES’’ 
after
‘‘PREVENTIVE SERVICES’’; and
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(ii) by inserting before the period at
the end the following: ‘‘and for pregnancy-
related services’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection apply to items and services fur-
nished on or after October 1, 2001.
(b) RULES FOR IMPLEMENTATION BEGINNING WITH
FISCAL YEAR 2006.—
(1) REQUIRED COVERAGE OF FAMILYCARE PAR-
ENTS.—Section 1902(a)(10)(A)(i) of the Social Se-
curity Act (42 U.S.C. 1396a(a)(10)(A)(i)) is
amended—
(A) by striking ‘‘or’’ at the end of sub-
clause (VI);
(B) by striking the semicolon at the end of
subclause (VII) and insert ‘‘, or’’; and
(C) by adding at the end the following new
subclause:
‘‘(VIII) who would be parents de-
scribed in subsection (k)(1) if the in-
come level specified in subsection
(k)(2)(B) were equal to at least 100
percent of the poverty line referred to
in such subsection;’’.
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(2) EXPANSION
OF
AVAILABILITY
OF
EN-
HANCED
MATCH
UNDER
MEDICAID
FOR
PRE-CHIP
EXPANSIONS.—Paragraph (4) of section 1905(u) of
such Act (42 U.S.C. 1396d(u)), as inserted by sub-
section (a)(1)(C), is amended—
(A) by amending clause (ii) of subpara-
graph (A) to read as follows:
‘‘(ii) CERTAIN
PREGNANT
WOMEN.—Ex-
penditures for medical assistance for pregnant
women under section 1902(l)(1)(A) in a family
the income of which exceeds the 133 percent of
the income official poverty line.’’; and
(B) by adding at the end the following new
subparagraphs:
‘‘(B) PARENTS WITH INCOME ABOVE 100 PER-
CENT OF POVERTY BUT BELOW JANUARY 1, 2000 IN-
COME LEVEL.—The expenditures described in this
subparagraph are expenditures for medical assist-
ance made available for any parents described in
section 1902(a)(10)(A)(i)(VIII), whose income ex-
ceeds 100 percent of the income official poverty line
applicable to a family of the size involved but does
not exceed the applicable income level established
under this title (under section 1931 or otherwise) for
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HR 1990 IH
a parent in a family of the size involved as of Janu-
ary 1, 2000.
‘‘(C) CHILDREN
IN
FAMILIES
WITH
INCOME
ABOVE
MEDICAID
MANDATORY
LEVEL
NOT
PRE-
VIOUSLY
DESCRIBED.—The expenditures described
in this subparagraph are expenditures (other than
expenditures described in paragraph (2) or (3)) for
medical assistance made available to any child who
is 
eligible 
for 
assistance 
under 
section
1902(a)(10)(A) and the income of whose family ex-
ceeds the minimum income level required under sub-
section 1902(l)(2) for a child of the age involved
(treating any child who is 19 or 20 years of age as
being 18 years of age).’’.
(3) OFFSET
OF
ADDITIONAL
EXPENDITURES
FOR ENHANCED MATCH FOR PRE-CHIP EXPANSION;
ELIMINATION OF OFFSET FOR REQUIRED COVERAGE
OF FAMILYCARE PARENTS.—
(A) IN GENERAL.—Section 1905(u)(5) of
such Act (42 U.S.C. 1396d(u)(5)), as added by
subsection (a)(1)(E), is amended—
(i) by amending subparagraph (A) to
read as follows:
‘‘(A) REGULAR FMAP FOR EXPENDITURES FOR
PREGNANT WOMEN WITH INCOME ABOVE 133 PER-
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HR 1990 IH
CENT OF POVERTY.—The portion of the payments
made for expenditures described in paragraph
(4)(A)(ii) that represents the amount that would
have been paid if the enhanced FMAP had not been
substituted for the Federal medical assistance per-
centage.’’; and
(ii) by adding at the end the following
new subparagraphs:
‘‘(B) FAMILYCARE PARENTS UNDER 100 PER-
CENT OF POVERTY.—Payments for expenditures de-
scribed in paragraph (4)(A)(i) in the case of parents
whose income does not exceed 100 percent of the in-
come official poverty line applicable to a family of
the size involved.
‘‘(C) REGULAR FMAP FOR EXPENDITURES FOR
PARENTS
WITH
INCOME
ABOVE
100
PERCENT
OF
POVERTY
BUT
BELOW
JANUARY
1, 2000
INCOME
LEVEL.—The portion of the payments made for ex-
penditures described in paragraph (4)(B) that rep-
resents the amount that would have been paid if the
enhanced FMAP had not been substituted for the
Federal medical assistance percentage.
‘‘(D) REGULAR FMAP FOR EXPENDITURES FOR
CERTAIN
CHILDREN
IN
FAMILIES
WITH
INCOME
ABOVE MEDICAID MANDATORY LEVEL.—The portion
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of the payments made for expenditures described in
paragraph (4)(C) that represents the amount that
would have been paid if the enhanced FMAP had
not been substituted for the Federal medical assist-
ance percentage.’’.
(B) CONFORMING AMENDMENTS.—Section
2105(a)(1)(C) 
of 
such 
Act 
(42 
U.S.C.
1397ee(1)(1)(C)), as amended by subsection
(a)(1)(D), is amended by striking ‘‘and for
medical assistance that is attributable to ex-
penditures described in section 1905(u)(4)(A)’’
and inserting ‘‘and for medical assistance that
is attributable to expenditures described in sec-
tion 1905(u)(4), except as provided in section
1905(u)(5)’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection apply as of October 1, 2005, to
fiscal years beginning on or after such date and to
expenditures under the State plan on and after such
date.
(c) MAKING TITLE XXI BASE ALLOTMENTS PERMA-
NENT.—Section 2104(a) of such Act (42 U.S.C.
1397dd(a)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(9);
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(2) by striking the period at the end of para-
graph (10) and inserting ‘‘; and’’; and
(3) by adding at the end the following new
paragraph:
‘‘(11) for fiscal year 2008 and each fiscal year
thereafter, the amount of the allotment provided
under this subsection for the preceding fiscal year
increased by the percentage increase (if any) in the
medical care expenditure category of the Consumer
Price Index for All Urban Consumers (United States
city average).’’.
(d) OPTIONAL APPLICATION OF PRESUMPTIVE ELI-
GIBILITY PROVISIONS TO PARENTS.—Section 1920A of
such Act (42 U.S.C. 1396r–1a) is amended by adding at
the end the following new subsection:
‘‘(e) In accordance with regulations, a State may
elect to apply the previous provisions of this section to pro-
vide for a period of presumptive eligibility for medical as-
sistance for a parent of a child with respect to whom such
a period is provided under this section.’’.
(e) CONFORMING AMENDMENTS.—
(1) 
ELIGIBILITY
CATEGORIES.—Section
1905(a) of such Act (42 U.S.C. 1396d(a)) is amend-
ed, in the matter before paragraph (1)—
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(A) by striking ‘‘or’’ at the end of clause
(xi);
(B) by inserting ‘‘or’’ at the end of clause
(xii); and
(C) by inserting after clause (xii) the fol-
lowing new clause:
‘‘(xiii) who are parents described (or treated as
if described) in section 1902(k)(1),’’.
(2) INCOME LIMITATIONS.—Section 1903(f)(4)
of such Act (42 U.S.C. 1396b(f)(4))—
(A) effective October 1, 2005, by inserting
‘‘1902(a)(10)(A)(i)(VIII),’’ 
after
‘‘1902(a)(10)(A)(i)(VII),’’; and
(B) 
by 
inserting
‘‘1902(a)(10)(A)(ii)(XVII),
1902(a)(10)(A)(ii)(XVIII),’’ 
after
‘‘1902(a)(10)(A)(ii)(XVI),’’.
(3) CONFORMING
AMENDMENT
RELATING
TO
NO WAITING PERIOD FOR CERTAIN WOMEN.—Section
2102(b)(1)(B) 
of 
such 
Act 
(42 
U.S.C.
1397bb(b)(1)(B)) is amended—
(A) by striking ‘‘, and’’ at the end of
clause (i) and inserting a semicolon;
(B) by striking the period at the end of
clause (ii) and inserting ‘‘; and’’; and
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(C) by adding at the end the following new
clause:
‘‘(iii) may not apply a waiting period
(including a waiting period to carry out
paragraph (3)(C)) in the case of targeted
low-income women who are pregnant.’’.
Subtitle E—Awareness of
Environmental Risks to Children
SEC. 2401. SHORT TITLE.
This subtitle may be cited as the ‘‘Children’s Envi-
ronmental Protection and Right to Know Act’’.
SEC. 2402. FINDING.
Congress finds that requirements to disclose informa-
tion about environmental risks will improve health and
safety by—
(1) prompting persons causing those risks to re-
duce the risks; and
(2) enabling individuals to take actions to pro-
tect themselves from those risks.
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CHAPTER 1—CHILDREN’S
ENVIRONMENTAL PROTECTION
Subchapter A—Disclosure of Industrial Re-
leases That Present a Significant Risk to
Children
SEC. 2411. REPORTING REQUIREMENTS.
(a) IN GENERAL.—Section 313(f) of the Emergency
Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11023(f)) is amended by striking paragraph (1)
and inserting the following:
‘‘(1) IN GENERAL.—
‘‘(A) TOXIC CHEMICAL THRESHOLD QUAN-
TITY.—The threshold quantities for purposes of
reporting toxic chemicals under this section are
as follows:
‘‘(i) TOXIC CHEMICALS USED AT FA-
CILITIES.—The threshold quantity of a
toxic chemical used at a facility shall be
10,000 pounds of the toxic chemical per
year.
‘‘(ii) MANUFACTURED OR PROCESSED
TOXIC CHEMICALS.—The threshold quan-
tity of a toxic chemical manufactured or
processed at a facility shall be—
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‘‘(I) 75,000 pounds of a toxic
chemical per year, for any toxic chem-
ical for which a toxic chemical release
form is required to be submitted
under this section on or before July 1,
1988;
‘‘(II) 50,000 pounds of a toxic
chemical per year, for any toxic chem-
ical for which a toxic chemical release
form is required to be submitted dur-
ing the period beginning July 2, 1988,
and ending July 1, 1989; and
‘‘(III) 25,000 pounds of a toxic
chemical per year, for any toxic chem-
ical for which any toxic release form
is required to be submitted on or after
July 2, 1989.
‘‘(B) TOXIC CHEMICALS RELEASED FROM
FACILITIES.—
‘‘(i) TOXIC
CHEMICAL
THRESHOLD
PROGRAM.—
‘‘(I) 
ESTABLISHMENT.—Not
later than 2 years after the date of
enactment of the Children’s Environ-
mental Protection and Right to Know
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Act, subject to clause (ii) and in addi-
tion to the reporting thresholds for
the toxic chemicals specified in sub-
clause (II), the Administrator shall es-
tablish a reporting threshold for each
toxic chemical that the Administrator
determines may present a significant
risk to children’s health or the envi-
ronment due to, as determined by
the—
‘‘(aa) the persistent use or
existence of the toxic chemical in
the environment;
‘‘(bb) the potential of the
toxic chemical to bioaccumulate
or disrupt endocrine systems; or
‘‘(cc) other characteristics of
the toxic chemical.
‘‘(II) 
TOXIC
CHEMICALS
IN-
CLUDED.—The Administrator shall
establish a reporting threshold under
subclause (I) for—
‘‘(aa) lead;
‘‘(bb) mercury;
‘‘(cc) dioxin;
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‘‘(dd) cadmium;
‘‘(ee) chromium; and
‘‘(ff) each substance identi-
fied as a bioaccumulative chem-
ical of concern in the final rule
promulgated by the Adminis-
trator entitled ‘Water Quality
Guidance for the Great Lakes
System, Part III’ (60 Fed. Reg.
15336 (March 23, 1995)).
‘‘(ii) THRESHOLD
QUANTITY.—The
Administrator shall establish by regulation
each threshold quantity for a toxic chem-
ical described in clause (i) at a level that,
as determined by the Administrator, will
ensure reporting of at least 80 percent of
the aggregate of all releases of the toxic
chemical from facilities that—
‘‘(I) have 10 or more full-time
employees; and
‘‘(II) are designated with any of
Standard 
Industrial 
Classification
Codes 20 through 39 or any of the
Standard 
Industrial 
Classification
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Codes 
added 
under 
subsection
(b)(1)(B).’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 313 of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C.
11023) is amended—
(A) in subsections (a) and (b)(1)(A), by
striking ‘‘or otherwise used’’ each place it ap-
pears and inserting ‘‘otherwise used, or re-
leased’’;
(B) in subsection (c)—
(i) by striking ‘‘are those chemicals’’
and inserting the following: ‘‘are—
‘‘(1) those chemicals’’;
(ii) by striking the period at the end
and inserting ‘‘; and’’; and
(iii) by adding at the end the fol-
lowing:
‘‘(2) dioxin and each other substance identified
as a bioaccumulative chemical of concern in the final
rule promulgated by the Administrator entitled
‘Water Quality Guidance for the Great Lakes Sys-
tem, Part III’ (60 Fed. Reg. 15336 (March 23,
1995)).’’; and
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(C) in the first sentence of subsection
(f)(2), by striking ‘‘paragraph (1)’’ and insert-
ing ‘‘subparagraph (A) or (B) of paragraph
(1)’’.
(2) Section 326(a)(1)(B) of the Emergency
Planning and Community Right-To-Know Act of
1986 (42 U.S.C. 11046(a)(1)(B)) is amended by
adding at the end the following:
‘‘(vii) Establish reporting thresholds for chemi-
cals referred to in section 313(f)(1)(C).’’.
Subchapter B—Disclosure of High Health
Risk Chemicals in Children’s Consumer
Products
SEC. 2421. LIST OF TOXIC CHEMICALS.
(a) DEFINITION OF ELIGIBLE PRODUCT.—Section 2
of the Federal Hazardous Substances Act (15 U.S.C.
1261) is amended by adding at the end the following:
‘‘(u) ELIGIBLE PRODUCT.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the term ‘eligible product’ means any toy
or other article intended for use by children.
‘‘(2) EXCEPTION.—On and after the date that
is 3 years after the date of enactment of this sub-
section, the term ‘eligible product’ means any con-
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sumer product (as defined in section 3 of the Con-
sumer Product Safety Act (15 U.S.C. 2052)).’’.
(b) LIST OF TOXIC CHEMICALS.—Section 3 of the
Federal Hazardous Substances Act (15 U.S.C. 1262) is
amended by adding at the end the following:
‘‘(k) LIST OF TOXIC CHEMICALS.—
‘‘(1) DEFINITIONS.—In this subsection:
‘‘(A) ADMINISTRATOR.—The term ‘Admin-
istrator’ means the Administrator of the Envi-
ronmental Protection Agency.
‘‘(B) CHAIRMAN.—The term ‘Chairman’
means the Chairman of the Consumer Product
Safety Commission.
‘‘(2) LIST.—Not later than 1 year after the
date of enactment of this subsection, the Adminis-
trator, acting jointly with the Chairman, shall pub-
lish in the Federal Register a list of substances or
mixtures of substances that have been determined by
the Administrator and the Chairman to be toxic to
children due to their carcinogenic, neurotoxic, or re-
productive toxic effects.
‘‘(3) SUBSTANCES
AND
INFORMATION
TO
BE
INCLUDED.—The list under that paragraph shall
include—
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‘‘(A)(i) any chemical that has been identi-
fied by a Federal agency as being a carcinogen,
neurotoxin, or reproductive toxin;
‘‘(ii) each chemical identified as a Group A
or Group B carcinogen in the notice published
by the Administrator entitled ‘Regulation of
Pesticides in Food: Addressing the Delaney
Paradox Policy Statement’ (53 Fed. Reg.
41118 (October 19, 1988));
‘‘(iii) each chemical that adversely affects
the nervous system of children, as identified in
criteria documents of the National Institute for
Occupational Safety and Health;
‘‘(iv) each chemical identified by the Con-
sumer Product Safety Commission as having
sufficient evidence to demonstrate—
‘‘(I) carcinogenicity in humans or ani-
mals;
‘‘(II) neurotoxicity in humans or ani-
mals;
‘‘(III) human developmental toxicity;
or
‘‘(IV) male or female reproductive tox-
icity in humans or animals;
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‘‘(v) 
each 
chemical 
regulated 
as 
a
neurotoxin, reproductive toxin, or developmental
toxin by the Administrator; and
‘‘(vi) each chemical on the Biennial List of
Carcinogens submitted to Congress by the Sec-
retary of Health and Human Services; and
‘‘(B) such reasonably available information
on adverse health effects of any substance or
mixture of substances as was used to determine
whether to include the substance or mixture on
the list required under paragraph (2).
‘‘(4) DATA.—In carrying out paragraph (3), the
Secretary and the Chairman shall require manufac-
turers and importers of substances and mixtures of
substances on the list required under paragraph (2)
to generate, and shall obtain from any Federal,
State, or local government, such data as are suffi-
cient 
to 
identify 
substances 
or 
mixtures 
of
substances—
‘‘(A) that are toxic within the meaning of
paragraph (2); and
‘‘(B) to which infants and young children
are exposed.
‘‘(l) CHEMICAL TESTING AND RISK ASSESSMENT.—
As soon as practicable after the date of enactment of this
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subsection, the Administrator of the Environmental Pro-
tection Agency, in consultation with experts in pediatric
toxicology and exposure, shall develop and implement new
short-term and long-term strategies for more comprehen-
sive chemical testing and risk assessment to ensure that
risks of exposure to children (including exposure to chil-
dren in utero) are, to the maximum extent practicable,
fully understood.’’.
SEC. 2422. REPORTING OF TOXIC CHEMICALS IN CON-
SUMER PRODUCTS.
(a) REPORTING.—The Federal Hazardous Sub-
stances Act (15 U.S.C. 1261 et seq.) is amended by add-
ing at the end the following:
‘‘SEC. 25. REPORTING OF TOXIC CHEMICALS.
‘‘(a) IN GENERAL.—A manufacturer or importer of
any eligible product that contains, or is composed of, a
substance or mixture of substances listed under section
3(k) shall submit to the Commission a report that de-
scribes each of the following:
‘‘(1) The identity of the manufacturer or im-
porter of the eligible product.
‘‘(2) A description of the eligible product (in-
cluding any model name and model number of the
eligible product).
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‘‘(3) The identity of the substance or mixture
of substances listed under section 3(k) (including the
concentration of the substance or mixture in the eli-
gible product).
‘‘(4) Any 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.
‘‘(5) Such data as are generated by the manu-
facturer or importer as are sufficient to identify any
substances or mixtures of substances manufactured
or imported that are toxic to children, as described
in section 3(k)(2).
‘‘(b) PUBLICATION.—The Commission shall annually
publish in the Federal Register, and make available to the
public in an electronic format, the information submitted
under subsection (a).
‘‘(c) REGULATIONS.—The Commission shall promul-
gate such regulations as necessary to carry out this sec-
tion.
‘‘(d) APPLICATION
OF SECTION.—Subsection (a)
shall apply to a substance or mixture of substances listed
under section 3(k) beginning on the date that is 1 year
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after the date on which the substance or mixture of sub-
stances is listed under that section.’’.
(b) PROHIBITED ACTS.—
(1) IN
GENERAL.—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.’’.
(2) 
CONFORMING
AMENDMENT.—Section
5(c)(1) of the Federal Hazardous Substances Act
(15 U.S.C. 1264(c)(1)) is amended in the second
sentence by striking ‘‘and (k)’’ and inserting ‘‘(k),
and (l)’’.
SEC. 2423. EXEMPTIONS.
(a) IN GENERAL.—Section 3(c) of the Federal Haz-
ardous Substances Act (15 U.S.C. 1262(c)) is amended—
(1) by striking ‘‘(c) If the Commission finds’’
and inserting the following:
‘‘(c) EXEMPTION FROM REQUIREMENTS BY REGULA-
TION.—
‘‘(1) IN GENERAL.—If the Commission deter-
mines’’; and
(2) by adding at the end the following:
‘‘(2) ADDITIONAL REGULATIONS.—In addition
to regulations promulgated under paragraph (1), the
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Commission may promulgate regulations exempting
from the reporting requirements of section 25 any
substance or mixture of substances.
‘‘(3) APPLICABILITY.—This subsection shall not
apply to any substance or mixture of substances un-
less the Commission determines that the substance
or mixture would not, by reason of containing a sub-
stance or mixture of substances listed under section
3(k), cause substantial personal injury or substantial
illness during, or as a proximate result of, any cus-
tomary or reasonably foreseeable handling or use
(including reasonably foreseeable ingestion by chil-
dren).’’.
(b) CONFORMING AMENDMENT.—Section 3(d) of the
Federal Hazardous Substances 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. 2424. PRIVATE CITIZEN ENFORCEMENT.
The Federal Hazardous Substances Act (15 U.S.C.
1261 et seq.) (as amended by section 2422(a)) is amended
by adding at the end the following:
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‘‘SEC. 26. PRIVATE CITIZEN ENFORCEMENT.
‘‘(a) IN GENERAL.—Subject to subsection (c), any
person other than the Commission may bring a civil action
in United States district court—
‘‘(1) against any person, for violation of sub-
section (a), (b), or (l) of section 4; or
‘‘(2) against the Commission, for a failure of
the Commission to perform any nondiscretionary act
or duty under the amendments made by the Chil-
dren’s Environmental Protection and Right to Know
Act.
‘‘(b) JURISDICTION.—In the case of a civil action
under subsection (a)—
‘‘(1) the United States district courts shall have
jurisdiction over the civil action without regard to
the amount in controversy or the citizenship of the
parties; and
‘‘(2) the court may apply any appropriate civil
penalties under section 5 or order the Commission to
perform any nondiscretionary act or duty that the
Commission failed to perform.
‘‘(c) ACTIONS PROHIBITED.—No action may be com-
menced under this section unless—
‘‘(1) not later than 60 days before the date on
which the action is filed, the plaintiff gives notice of
the intent to bring the action—
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‘‘(A) to the Commission; and
‘‘(B) in the case of an action for a viola-
tion of section 4, to the person that is alleged
to have violated that section; and
‘‘(2) in the case of an action for a violation of
section 4, the Commission has not commenced and
is not diligently pursuing a civil action on behalf of
the United States.
‘‘(d) INTERVENTION.—In any action on behalf of the
United States following receipt of a notice under sub-
section (d)(1), the person providing the notice may inter-
vene as of right as a plaintiff in the action.
‘‘(e) COSTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), in any action under subsection (a), the
costs of litigation (including reasonable attorney
fees) may be awarded to—
‘‘(A) any substantially prevailing plaintiff;
and
‘‘(B) in any action under subsection (c),
the party intervening under subsection (c), if
that party contributed significantly to the suc-
cess of the plaintiff.
‘‘(2) WAIVER.—The award of costs under para-
graph (1) may be fully or partially waived by a court
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if the court finds such an award to be inappropriate
under the circumstances.
‘‘(f) BURDEN OF PROOF.—In any action under sub-
section (a)(1), if the person alleged to have violated section
4 asserts that a substance or mixture of substances is not
a hazardous substance by reason of containing a substance
or mixture of substances listed under section 3(k), the
burden of proof shall be the alleged violator to establish
that the substance or mixture of substances is not a haz-
ardous substance.
‘‘(g) PENALTY FUND.—
‘‘(1) ESTABLISHMENT.—There is established in
the Treasury of the United States a fund to be used
in carrying out this section (referred to in this sec-
tion as the ‘Fund’).
‘‘(2) DEPOSIT
OF
ASSESSED
PENALTIES.—A
penalty assessed as a result of a civil action under
subsection (a) shall be deposited in the Fund.
‘‘(3) USE OF FUNDS.—On request by the Com-
mission, the Secretary of the Treasury shall transfer
from the Fund to the Commission such amounts as
the Commission determines are necessary to finance
compliance and enforcement activities under this
Act.
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‘‘(4) AVAILABILITY.—Amounts in the Fund
shall remain available for use by the Commission
until expended, without further appropriation.
‘‘(5) REPORTS.—The Commission shall submit
to Congress an annual report that describes—
‘‘(A) any funds deposited into the Fund
during the year for which the report is sub-
mitted (including the sources of those funds);
and
‘‘(B) the actual and proposed uses of the
funds.
‘‘(h) 
OTHER
PROJECTS.—Notwithstanding 
sub-
section (g), in lieu of being deposited in the Fund, any
civil penalty assessed may, at the option of the court (after
consultation with the Commission), be used to fund
projects of the Commission that are—
‘‘(1) consistent with this Act; and
‘‘(2) designed to enhance public awareness of—
‘‘(A) the health effects of toxic substances
or mixtures of toxic substances in eligible prod-
ucts; and
‘‘(B) the potential for exposure of children
to toxic substances or mixtures of toxic sub-
stances in eligible products.’’.
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CHAPTER 2—PUBLIC RIGHT TO KNOW
ABOUT TOXIC CHEMICAL USE
SEC. 2431. 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—
(1) by striking ‘‘(B) The Administrator’’ and
inserting the following:
‘‘(B) MODIFICATIONS TO COVERED FACILI-
TIES.—
‘‘(i) MODIFICATION BY THE ADMINIS-
TRATOR.—The Administrator’’; and
(2) by adding at the end the following:
‘‘(ii) 
MODIFICATIONS
BEGINNING
WITH
2002
REPORTING
YEAR.—Effective
beginning with the 2002 reporting year,
any facility identified by the Standard In-
dustrial Classification Codes specified in
the proposed rule entitled ‘Addition of Fa-
cilities in Certain Industry Sectors; Toxic
Chemical Release Reporting; Community
Right-to-Know, Part II’ (61 Fed. Reg.
33588 (June 27, 1996)) shall be subject to
the requirements of this section.
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‘‘(iii) REGULATIONS
TO
ADD
ADDI-
TIONAL CATEGORIES OF FACILITIES.—
‘‘(I) IN
GENERAL.—Not later
than 2 years after the date of enact-
ment of this clause, subject to sub-
clause (II), the Administrator shall
promulgate final regulations to re-
quire compliance with this section by
all additional categories of facilities
that use or release toxic chemicals in
volumes similar to the volumes used
or released by facilities that are cov-
ered by this section as of the date of
enactment of this clause.
‘‘(II) 
INAPPLICABILITY
TO
FARMS.—Subclause (I) shall not apply
to any farm.’’.
SEC. 2432. DISCLOSURE OF TOXIC CHEMICAL USE.
(a) IN GENERAL.—Section 313 of the Emergency
Planning and Community Right-To-Know Act of 1986 (42
U.S.C. 11023) is amended—
(1) in the second sentence of subsection (a), by
striking ‘‘releases’’ and inserting ‘‘toxic chemical
uses and releases’’;
(2) in subsection (g)(1)(C)—
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(A) by inserting ‘‘for the preceding cal-
endar year’’ after ‘‘items of information’’;
(B) in clause (ii), by striking ‘‘the pre-
ceding calendar year’’ and inserting ‘‘the cal-
endar year’’; and
(C) by adding at the end the following:
‘‘(v)(I) The number of employees, including
contractors, at the facility.
‘‘(II) The number of employees, including con-
tractors, at the facility that were exposed to the
toxic chemical.
‘‘(III) An estimate of the quantity and level of
occupational exposures to the toxic chemical.
‘‘(vi)(I) The following materials accounting in-
formation:
‘‘(aa) A description of the uses of the toxic
chemical at the facility.
‘‘(bb) The starting inventory of the toxic
chemical at the facility.
‘‘(cc) The quantity of the toxic chemical
produced at the facility.
‘‘(dd) The quantity of the toxic chemical
transported into the facility and the mode of
transportation.
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‘‘(ee) The quantity of the toxic chemical
consumed at the facility.
‘‘(ff) The quantity of the toxic chemical
transported out of the facility as products or in
products, and the quantity intended for—
‘‘(AA) industrial use;
‘‘(BB) commercial use;
‘‘(CC) consumer use; and
‘‘(DD) any additional category of use
that the Administrator may designate.
‘‘(gg) The quantity of the toxic chemical
entering any waste stream (or otherwise re-
leased into the environment) before recycling,
treatment, or disposal.
‘‘(hh) The ending inventory of the toxic
chemical at the facility.
‘‘(ii) The quantity of the toxic chemical re-
cycled at the facility that is subsequently used
at the facility.
‘‘(jj) The quantity of the toxic chemical
used, which shall be calculated with respect to
a toxic chemical by adding the quantities re-
ported under items (bb), (cc), (dd), and (ii)
with respect to the toxic chemical and sub-
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tracting the quantity reported under subclause
(hh) with respect to the toxic chemical.
‘‘(II) Each quantity reported under this clause
shall be complete and verifiable by computations
using conventional materials accounting practices.
‘‘(III) If the sum of the quantities reported
under items (bb), (cc), (dd), and (ii) of subclause (I)
does not equal the sum of the quantities reported
under subclauses (ee), (ff), (gg), and (hh) of that
subclause, the form shall provide an explanation of
the difference in the sums.
‘‘(vii) The quantity of the reduction, from the
year prior to the preceding calendar year, in the
quantity of the toxic chemical entering any waste
stream (or otherwise released into the environment)
before recycling, treatment, or disposal (as reported
under section 6607(b)(1) of the Pollution Prevention
Act of 1990 (42 U.S.C. 13106(b)(1)), as a result
of—
‘‘(I) equipment or technology modifica-
tions;
‘‘(II) process or procedure modifications;
‘‘(III) reformulation or redesign of prod-
ucts;
‘‘(IV) substitution of raw materials; and
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‘‘(V) improvements in housekeeping, main-
tenance, training, or inventory control.
‘‘(viii) The quantity of the reduction, from the
year prior to the preceding calendar year, in the
quantity of the toxic chemical used as determined
under clause (vi)(I)(jj) as a result of all activities
specified in clause (vii).’’; and
(3) in the second sentence of subsection (h), by
inserting ‘‘uses of toxic chemicals at covered facili-
ties and’’ after ‘‘inform persons about’’.
(b) REGULATIONS.—Not later than 2 years after the
date of enactment of this Act, the Administrator of the
Environmental Protection Agency shall promulgate regu-
lations concerning the information to be provided under
section 313(g)(1)(C)(v) of the Emergency Planning and
Community Right-To-Know Act of 1986 (42 U.S.C.
11023(g)(1)(C)(v)).
SEC. 2433. STREAMLINED DATA COLLECTION AND DISSEMI-
NATION.
Section 313 of the Emergency Planning and Commu-
nity 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.—
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‘‘(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, not later than 3
years 
after 
the 
date 
of 
enactment 
of 
this
subsection—
‘‘(A) establish standard data formats for
management of information collected under this
title and other Federal environmental laws;
‘‘(B) integrate information collected under
this title and other Federal environmental laws,
using—
‘‘(i) common company, facility, indus-
try, geographic, and chemical identifiers;
and
‘‘(ii) other identifiers as the Adminis-
trator determines to be appropriate;
‘‘(C) establish a system for indexing, locat-
ing, 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 regulation under this
title and other Federal environmental laws;
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‘‘(D) consolidate all annual reporting re-
quirements, under this title and other Federal
environmental laws, for small business concerns
(as defined in section 3 of the Small Business
Act (15 U.S.C. 632)) in a manner that allows
reporting to 1 point of contact using 1 form or
electronic reporting system; and
‘‘(E) provide members of the public 1 point
of contact for access to all publicly available in-
formation collected by the Administrator for
any 1 regulated entity.
‘‘(2) CONSOLIDATION.—Not later than 5 years
after the date of enactment of this subsection, the
Administrator shall consolidate all annual reporting
under this title and other Federal environmental
laws, for each entity subject to such reporting, in a
manner that allows reporting to 1 point of contact
using 1 form or electronic reporting 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 finds to be clear and understandable
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by a member of the public of average intelligence,
education, and experience.’’.
SEC. 2434. TRADE SECRET PROTECTION.
Section 322 of the Emergency Planning and Commu-
nity Right-To-Know Act of 1986 (42 U.S.C. 11042) is
amended—
(1) in subsection (a)(1), by adding at the end
the following:
‘‘(C) WITHHOLDING
OF
MATERIALS
AC-
COUNTING INFORMATION.—
‘‘(i) IN GENERAL.—Subject to clause
(ii), any person required to submit mate-
rials accounting information under section
313(g)(1)(C)(vi) may withhold any item of
that information (as determined under reg-
ulations promulgated by the Administrator
under subsection (c)) if the person com-
plies with paragraph (2) with respect to
the information to be withheld.
‘‘(ii) LIMITATION.—Clause (i) does
not provide authority to withhold any in-
formation covered by the Pollution Preven-
tion Act of 1990 (42 U.S.C. 13101 et
seq.).’’;
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(2) in subsection (b)(4), by inserting ‘‘or other
information withheld’’ after ‘‘The chemical identity’’;
(3) in subsection (d)—
(A) in the first sentence of paragraph (1),
by inserting ‘‘, or other information withheld
under subsection (a)(1),’’ after ‘‘toxic chem-
ical’’; and
(B) in paragraphs (2) through (4), by in-
serting ‘‘or other information withheld’’ after
‘‘chemical identity’’ each place it appears;
(4) in subsection (f), by inserting ‘‘or other in-
formation withheld under subsection (a)(1)’’ after
‘‘chemical identity’’; and
(5) in subsection (h)—
(A) in paragraph (1), by inserting ‘‘, or
other information withheld under subsection
(a)(1),’’ before ‘‘is claimed as’’; and
(B) in paragraph (2), by inserting ‘‘, or
other information withheld under subsection
(a)(1),’’ after ‘‘identity of a toxic chemical’’.
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Subtitle F—Promoting Responsible
Fatherhood
CHAPTER 1—BLOCK GRANTS
SEC. 2501. BLOCK GRANTS TO STATES TO ENCOURAGE
MEDIA CAMPAIGNS.
(a) IN GENERAL.—Part D of title IV of the Social
Security Act (42 U.S.C. 651 et seq.) is amended by adding
at the end the following:
‘‘SEC. 469C. BLOCK GRANTS TO STATES FOR MEDIA CAM-
PAIGNS PROMOTING RESPONSIBLE FATHER-
HOOD.
‘‘(a) DEFINITIONS.—In this section:
‘‘(1) BROADCAST ADVERTISEMENT.—The term
‘broadcast advertisement’ means a communication
intended to be aired by a television or radio broad-
cast station, including a communication intended to
be transmitted through a cable channel.
‘‘(2) CHILD AT RISK.—The term ‘child at risk’
means each young child whose family income does
not exceed the poverty line.
‘‘(3) POVERTY LINE.—The term ‘poverty line’
has the meaning given such term in section 673(2)
of the Omnibus Budget Reconciliation Act of 1981
(including any revision required by such section)
that is applicable to a family of the size involved.
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‘‘(4) PRINTED OR OTHER ADVERTISEMENT.—
The term ‘printed or other advertisement’ includes
any communication intended to be distributed
through a newspaper, magazine, outdoor advertising
facility, mailing, or any other type of general public
advertising, but does not include any broadcast ad-
vertisement.
‘‘(5) STATE.—The term ‘State’ means each of
the 50 States, the District of Columbia, the Com-
monwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands.
‘‘(6) YOUNG CHILD.—The term ‘young child’
means an individual under age 5.
‘‘(b) STATE CERTIFICATIONS.—Not later than Octo-
ber 1 of each fiscal year for which a State desires to re-
ceive an allotment under this section, the chief executive
officer of the State shall submit to the Secretary a certifi-
cation that the State will—
‘‘(1) use such funds to promote the formation
and maintenance of married 2-parent families,
strengthen fragile families, and promote responsible
fatherhood through media campaigns conducted in
accordance with the requirements of subsection (d);
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‘‘(2) return any unused funds to the Secretary
in accordance with the reconciliation process under
subsection (e); and
‘‘(3) comply with the reporting requirements
under subsection (f).
‘‘(c) PAYMENTS TO STATES.—For each of fiscal years
2002 through 2006, the Secretary shall pay to each State
that submits a certification under subsection (b), from any
funds appropriated under subsection (h), for the fiscal
year an amount equal to the amount of the allotment de-
termined for the fiscal year under subsection (g).
‘‘(d) ESTABLISHMENT OF MEDIA CAMPAIGNS.—Each
State receiving an allotment under this section for a fiscal
year shall use the allotment to conduct media campaigns
as follows:
‘‘(1) CONDUCT OF MEDIA CAMPAIGNS.—
‘‘(A) RADIO AND TELEVISION MEDIA CAM-
PAIGNS.—
‘‘(i) PRODUCTION OF BROADCAST AD-
VERTISEMENTS.—At the option of the
State, to produce broadcast advertisements
that promote the formation and mainte-
nance 
of 
married 
2-parent 
families,
strengthen fragile families, and promote
responsible fatherhood.
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‘‘(ii) AIR
TIME
CHALLENGE
PRO-
GRAM.—At the option of the State, to es-
tablish an air time challenge program
under which the State may spend amounts
allotted under this section to purchase time
from a broadcast station to air a broadcast
advertisement produced under subpara-
graph (A), but only if the State obtains an
amount of time of the same class and dur-
ing a comparable period to air the adver-
tisement using non-Federal contributions.
‘‘(B) OTHER MEDIA CAMPAIGNS.—At the
option of the State, to conduct a media cam-
paign that consists of the production and dis-
tribution of printed or other advertisements
that promote the formation and maintenance of
married 2-parent families, strengthen fragile
families, and promote responsible fatherhood.
‘‘(2) ADMINISTRATION OF MEDIA CAMPAIGNS.—
A State may administer media campaigns funded
under this section directly or through grants, con-
tracts, or cooperative agreements with public agen-
cies, local governments, or private entities, including
charitable and religious organizations.
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‘‘(3) CONSULTATION
WITH
DOMESTIC
VIO-
LENCE ASSISTANCE CENTERS.—In developing broad-
cast and printed advertisements to be used in the
media campaigns conducted under paragraph (1),
the State or other entity administering the campaign
shall consult with representatives of State and local
domestic violence centers.
‘‘(4) NON-FEDERAL CONTRIBUTIONS.—In this
subsection, the term ‘non-Federal contributions’ in-
cludes contributions by the State and by public and
private entities. Such contributions may be in cash
or in kind. Such term does not include any amounts
provided by the Federal Government, or services as-
sisted or subsidized to any significant extent by the
Federal Government, or any amount expended by a
State before October 1, 2002.
‘‘(e) RECONCILIATION PROCESS.—
‘‘(1) 3-YEAR
AVAILABILITY
OF
AMOUNTS
AL-
LOTTED.—Each State that receives an allotment
under this section shall return to the Secretary any
unused portion of the amount allotted to a State
under this section for a fiscal year not later than the
last day of the second succeeding fiscal year together
with any earnings on such unused portion.
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‘‘(2) PROCEDURE FOR REDISTRIBUTION OF UN-
USED ALLOTMENTS.—The Secretary shall establish
an appropriate procedure for redistributing to States
that have expended the entire amount allotted under
this section any amount that is—
‘‘(A) returned to the Secretary by States
under paragraph (1); or
‘‘(B) not allotted to a State under this sec-
tion because the State did not submit a certifi-
cation under subsection (b) by October 1 of a
fiscal year.
‘‘(f) REPORTING REQUIREMENTS.—
‘‘(1) MONITORING
AND
EVALUATION.—Each
State receiving an allotment under this section for a
fiscal year shall monitor and evaluate the media
campaigns conducted using funds made available
under this section in such manner as the Secretary,
in consultation with the States, determines appro-
priate.
‘‘(2) ANNUAL
REPORTS.—Not less frequently
than annually, each State receiving an allotment
under this section for a fiscal year shall submit to
the Secretary reports on the media campaigns con-
ducted under this section at such time, in such man-
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ner, and containing such information as the Sec-
retary may require.
‘‘(g) AMOUNT OF ALLOTMENTS.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), of the amount appropriated for the pur-
pose of making allotments under this section for a
fiscal year, the Secretary shall allot to each State
that submits a certification under subsection (b) for
the fiscal year an amount equal to the sum of—
‘‘(A) the amount that bears the same ratio
to 50 percent of such funds as the number of
young children in the State (as determined by
the Secretary based on the most recent March
supplement to the Current Population Survey
of the Bureau of the Census before the begin-
ning of the calendar year in which such fiscal
year begins) as bears to the number of such
children in all States; and
‘‘(B) the amount that bears the same ratio
to 50 percent of such funds as the number of
children at risk in the State (as determined by
the Secretary based on the most recent March
supplement to the Current Population Survey
of the Bureau of the Census before the begin-
ning of the calendar year in which such fiscal
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year begins) bears to the number of such chil-
dren in all States.
‘‘(2) MINIMUM
ALLOTMENTS.—No allotment
for a fiscal year under this section shall be less
than—
‘‘(A) in the case of a State other than the
Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa,
and the Commonwealth of the Northern Mar-
iana Islands, 1 percent of the amount appro-
priated for the fiscal year under subsection (h);
and
‘‘(B) in the case of the Commonwealth of
Puerto Rico, the United States Virgin Islands,
Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands, 0.5
percent of such amount.
‘‘(3) PRO RATA REDUCTIONS.—The Secretary
shall make such pro rata reductions to the allot-
ments determined under paragraph (1) as are nec-
essary to comply with the requirements of paragraph
(2).
‘‘(h) AUTHORIZATION OF APPROPRIATIONS.—There
is authorized to be appropriated $25,000,000 for each of
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fiscal years 2002 through 2006 for purposes of making
allotments to States under this section.’’.
(b) EVALUATION.—
(1) IN GENERAL.—The Secretary of Health and
Human Services shall conduct an evaluation of the
impact of the media campaigns funded under section
469C of the Social Security Act, as added by sub-
section (a).
(2) REPORT.—Not later than December 31,
2004, the Secretary of Health and Human Services
shall report to Congress the results of the evaluation
under paragraph (1).
(3) AUTHORIZATION
OF
APPROPRIATIONS.—
There is authorized to be appropriated $1,000,000
for fiscal year 2002 for purposes of conducting the
evaluation required under this subsection, to remain
available until expended.
SEC. 2502. RESPONSIBLE FATHERHOOD BLOCK GRANT.
(a) IN GENERAL.—Part D of title IV of the Social
Security Act (42 U.S.C. 651 et seq.), as amended by sec-
tion 2501, is amended by adding at the end the following:
‘‘SEC. 469D. RESPONSIBLE FATHERHOOD BLOCK GRANT.
‘‘(a) DEFINITIONS.—In this section:
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‘‘(1) CHILD AT RISK.—The term ‘child at risk’
has the meaning given such term in section
469C(a)(2).
‘‘(2) POVERTY LINE.—The term ‘poverty line’
has the meaning given such term in section
469C(a)(3).
‘‘(3) STATE.—The term ‘State’ has the mean-
ing given such term in section 469C(a)(5).
‘‘(4) YOUNG CHILD.—The term ‘young child’
has the meaning given such term in section
469C(a)(6).
‘‘(b) STATE CERTIFICATIONS.—Not later than Octo-
ber 1 of each fiscal year for which a State desires to re-
ceive an allotment under this section, the chief executive
officer of the State shall submit to the Secretary a certifi-
cation that the State will—
‘‘(1) comply with the matching requirements
under subsection (c)(2);
‘‘(2) use such funds to promote responsible fa-
therhood in accordance with the requirements of
subsection (d);
‘‘(3) use such funds to promote or sustain mar-
riage in accordance with subparagraph (A) or (B) of
subsection (d)(2);
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‘‘(4) return any unused funds to the Secretary
in accordance with the reconciliation process under
subsection (e); and
‘‘(5) comply with the reporting requirements
under subsection (f).
‘‘(c) PAYMENTS TO STATES.—
‘‘(1) IN GENERAL.—Subject to paragraph (2),
for each of fiscal years 2002 through 2006, the Sec-
retary shall pay to each State that submits a certifi-
cation described in subsection (b), from any funds
appropriated under subsection (h), for the fiscal year
an amount equal to the amount of the allotment de-
termined under subsection (g).
‘‘(2) MATCHING
REQUIREMENT.—The Sec-
retary may not make a payment to a State under
paragraph (1) unless the State agrees that, with re-
spect to the costs to be incurred by the State in sup-
porting the programs described in subsection (d),
the State will make available non-Federal contribu-
tions in an amount equal to 25 percent of the
amount of Federal funds paid to the State under
such clause.
‘‘(3) NON-FEDERAL CONTRIBUTIONS.—In this
subsection, the term ‘non-Federal contributions’ in-
cludes contributions by the State and by public and
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private entities. Such contributions may be in cash
or in kind. Such term does not include any amounts
provided by the Federal Government, or services as-
sisted or subsidized to any significant extent by the
Federal Government or any amount expended by a
State before October 1, 2002.
‘‘(d) RESPONSIBLE FATHERHOOD PROGRAMS.—
‘‘(1) SUPPORT OF PROGRAMS.—A State shall
use the allotments received under this section to
support programs described in paragraph (2) di-
rectly or through a grant, contract, or cooperative
agreement with any public agency, local government,
or private entity (including any charitable or reli-
gious organization) with experience in administering
such a program.
‘‘(2) PROGRAMS DESCRIBED.—Responsible Fa-
therhood programs include programs that—
‘‘(A) promote marriage through such ac-
tivities as counseling, mentoring, disseminating
information about the benefits of marriage and
2-parent involvement for children, enhancing re-
lationship skills, teaching on how to control ag-
gressive behavior, and disseminating informa-
tion on the causes of domestic violence and
child abuse;
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‘‘(B) sustain marriages through marriage
preparation programs, premarital counseling,
marital inventories, skills-based marriage edu-
cation, financial planning seminars, programs
to help parents improve their economic status,
and divorce education and reduction programs,
including mediation and counseling;
‘‘(C) 
promote 
responsible 
parenting
through such activities as counseling, men-
toring, disseminating information about good
parenting practices, skills-based parenting edu-
cation, encouraging child support payments,
and other methods; and
‘‘(D) help fathers and their families avoid
or leave cash welfare and improve their eco-
nomic status by providing such activities as
work first services, job search, job training,
subsidized employment, job retention, job en-
hancement, and encouraging education, includ-
ing career-advancing education, dissemination
of employment materials, coordination with ex-
isting employment services such as Welfare to
Work and referrals to local employment train-
ing initiatives, and other methods.
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‘‘SEC. 469E. MEDIA CAMPAIGN NATIONAL CLEARINGHOUSE
FOR RESPONSIBLE FATHERHOOD.
‘‘(a) MEDIA CAMPAIGN AND NATIONAL CLEARING-
HOUSE.—
‘‘(1) IN
GENERAL.—From any funds appro-
priated under subsection (c), the Secretary shall con-
tract with a nationally recognized, nonprofit father-
hood promotion organization described in subsection
(b) to—
‘‘(A) develop, promote, and distribute to
interested States, local governments, public
agencies, and private entities a media campaign
that encourages the appropriate involvement of
both parents in the life of any child of the par-
ents, with a priority for programs that specifi-
cally address the issue of responsible father-
hood; and
‘‘(B) develop a national clearinghouse to
assist States and communities in efforts to pro-
mote and support marriage and responsible fa-
therhood by collecting, evaluating, and making
available (through the Internet and by other
means) to other States information regarding
the media campaigns established under section
469C.
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(7) To offer compensation that would be suffi-
cient to attract and retain qualified child care pro-
viders, child care programs would have to charge
parents fees that many parents could not afford. For
programs that serve low-income children whose fami-
lies qualify for Federal and State child care sub-
sidies, the reimbursement rates set by the State
strongly influence the level of compensation that
staff receive. Current reimbursement rates for cen-
ter-based child care services and family child care
services are insufficient to recruit and retain quali-
fied child care providers and to ensure high-quality
services for children.
(8) Teachers leaving the profession are being
replaced by staff with less education and formal
training in early child development.
(9) As a result of low wages and limited bene-
fits, many child care providers do not work for long
periods in the child care field. Approximately 30 per-
cent of all teaching staff employed at child care cen-
ters leaves employment with a child care center each
year.
(10) Child care providers, as well as the chil-
dren, families, and businesses that depend upon the
providers, suffer the consequences of inadequate
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(D) a description of the performance goals
to be achieved by funds received under this
chapter and the measure to be used to evaluate
progress toward such goals; and
(E) a statement describing how the State
will provide technical assistance to ensure that
Local Councils receiving funds under this chap-
ter comply with the requirements of this chap-
ter.
SEC. 3259. STATE ADMINISTRATION.
(a) IN GENERAL.—For a State to be eligible to re-
ceive a grant under this chapter, the State shall appoint
a Lead State Agency to carry out the functions described
in subsection (b).
(b) LEAD STATE AGENCY.—
(1) IN GENERAL.—The Lead State Agency as
described in subsection (a) shall allocate funds in ac-
cordance with section 3258 to localities.
(2) LIMITATION.—The Lead State Agency shall
allocate not less than 93 percent of such funds that
have been provided to the State for a fiscal year
more than 1 locality.
(3) FUNCTIONS OF AGENCY.—In addition to al-
locating funds under paragraph (1), the Lead State
Agency shall—