I
106TH CONGRESS
1ST SESSION
H. R. 199
To protect children and other vulnerable subpopulations from exposure to
certain environmental pollutants, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 6, 1999
Mr. MORAN of Virginia introduced the following bill; which was referred to
the Committee on Commerce
A BILL
To protect children and other vulnerable subpopulations from
exposure to certain environmental pollutants, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Children’s Environ-
mental Protection Act’’.
SEC. 2. ENVIRONMENTAL PROTECTION FOR CHILDREN.
(a) IN GENERAL.—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
‘‘SEC. 501. FINDINGS AND POLICY.
‘‘(a) FINDINGS.—Congress finds that—
‘‘(1) public health and safety depends on citi-
zens and local officials knowing the toxic dangers
that exist in their homes, communities, and neigh-
borhoods;
‘‘(2) children eat more food, drink more fluids,
and breathe more air in proportion to their body
weight than adults;
‘‘(3) these factors put children at greater risk
from environmental pollutants than adults, and as a
result children face unique health threats that need
special attention;
‘‘(4) risk assessments of pesticides and other
environmental pollutants conducted by the Environ-
mental Protection Agency do not clearly differentiate
between the risks to children and the risks to adults;
‘‘(5) a study conducted by the National Acad-
emy of Sciences on the effects of pesticides in the
diets of infants and children concluded that ap-
proaches to risk assessment typically do not consider
risks to children and, as a result, current standards
and tolerances often fail to adequately protect in-
fants and children;
‘‘(6) data are lacking that would allow adequate
quantification and evaluation of child-specific and
other vulnerable subpopulation-specific susceptibility
and exposure to environmental pollutants;
‘‘(7) data are lacking that would allow adequate
quantification and evaluation of child-specific and
other vulnerable subpopulation-specific bioaccumula-
tion of environmental pollutants;
‘‘(8) the absence of data precludes effective gov-
ernment regulation of environmental pollutants, and
denies individuals the ability to exercise a right to
know and make informed decisions to protect their
families; and
‘‘(9) research must be coordinated within the
Environmental Protection Agency and other Federal
agencies to identify key data needs to ensure the
best science and to enhance the Nation’s under-
standing of environmental health and safety threats
to children.
‘‘(b) POLICY.—It is the policy of the United States
that—
‘‘(1) policies, programs, activities, and stand-
ards of the Environmental Protection Agency must
address disproportionate risks to children that result
from environmental health risks;
‘‘(2) information, including a safer-for-children
product list, should be made readily available by the
Environmental Protection Agency to the general
public and relevant Federal and State agencies to
advance the public’s right-to-know, and allow the
public to avoid unnecessary and involuntary expo-
sure; and
‘‘(3) scientific research opportunities should be
identified by the Environmental Protection Agency,
the Department of Health and Human Services (in-
cluding the National Institute of Environmental
Health Sciences and the Agency for Toxic Sub-
stances and Disease Registry), the National Insti-
tutes of Health, and other Federal agencies, to study
the short-term and long-term health effects of cumu-
lative, simultaneous, and synergistic exposures of
children and other vulnerable subpopulations to envi-
ronmental pollutants.
‘‘SEC. 502. DEFINITIONS.
‘‘In this title:
‘‘(1) AREAS
THAT
ARE
REASONABLY
ACCES-
SIBLE TO CHILDREN.—The term ‘areas that are rea-
sonably accessible to children’ means homes, schools,
day care centers, shopping malls, movie theaters,
and parks.
‘‘(2) CHILDREN.—The term ‘children’ means
individuals who are 18 years of age or younger.
‘‘(3) ENVIRONMENTAL POLLUTANT.—The term
‘environmental pollutant’ means a hazardous sub-
stance, as defined in section 101 of the Comprehen-
sive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601), or a pes-
ticide, as defined in section 2 of the Federal Insecti-
cide, Fungicide, and Rodenticide Act (7 U.S.C.
136).
‘‘(4) FEDERAL PROPERTIES AND AREAS.—The
term ‘Federal properties and areas’ means areas
owned or controlled by the United States.
‘‘(5) 
VULNERABLE
SUBPOPULATIONS.—The
term ‘vulnerable subpopulations’ means children,
pregnant women, the elderly, individuals with a his-
tory of serious illness, and other subpopulations
identified by the Administrator as likely to experi-
ence elevated health risks from environmental pollut-
ants.
‘‘SEC. 503. SAFEGUARDING CHILDREN AND OTHER VULNER-
ABLE SUBPOPULATIONS.
‘‘(a) IN GENERAL.—The Administrator shall—
‘‘(1) consistently and explicitly evaluate and
consider environmental health risks to vulnerable
subpopulations in all of the risk assessments, risk
characterizations, environmental and public health
standards, and regulatory decisions carried out by
the Administrator;
‘‘(2) ensure that all Environmental Protection
Agency standards protect children and other vulner-
able subpopulations with an adequate margin of
safety; and
‘‘(3) develop and use a separate assessment or
finding of risks to vulnerable subpopulations or pub-
lish in the Federal Register an explanation of why
the separate assessment or finding is not used.
‘‘(b) REEVALUATION OF CURRENT PUBLIC HEALTH
AND ENVIRONMENTAL STANDARDS.—
‘‘(1) IN GENERAL.—As part of any risk assess-
ment, risk characterization, environmental or public
health standard or regulation, or general regulatory
decision carried out by the Administrator, the Ad-
ministrator shall evaluate and consider the environ-
mental health risks to children and other vulnerable
subpopulations.
‘‘(2) IMPLEMENTATION.—In carrying out para-
graph (1), not later than 1 year after the date of en-
actment of this title, the Administrator shall—
‘‘(A) develop an administrative strategy
and an administrative process for reviewing
standards;
‘‘(B) publish in the Federal Register a list
of standards that may need revision to ensure
the protection of children and vulnerable sub-
populations;
‘‘(C) prioritize the list according to the
standards that are most important for expe-
dited review to protect children and vulnerable
subpopulations;
‘‘(D) identify which standards on the list
will require additional research in order to be
reevaluated and outline the time and resources
required to carry out the research; and
‘‘(E) identify, through public input and
peer review, not fewer than 20 public health
and environmental standards of the Environ-
mental Protection Agency to be repromulgated
on an expedited basis to meet the criteria of
this subsection.
‘‘(3) REVISED STANDARDS.—Not later than 6
years after the date of enactment of this title, the
Administrator shall propose not fewer than 20 re-
vised standards that meet the criteria of this sub-
section.
‘‘(4) COMPLETED REVISION OF STANDARDS.—
Not later than 15 years after the date of enactment
of this title, the Administrator shall complete the re-
vision of all standards in accordance with this sub-
section.
‘‘(5) REPORT.—The Administrator shall report
to Congress on an annual basis on progress made by
the Administrator in carrying out the objectives and
policy of 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) create 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-
lutants in areas reasonably accessible to children, in-
cluding advice on how to establish an integrated pest
management program;
‘‘(5) create a family right-to-know information
kit that includes a summary of helpful information
and guidance to families, such as the information
created under paragraph (3), the guidelines estab-
lished under paragraph (4), information on the po-
tential health effects of environmental pollutants,
practical suggestions on how parents may reduce
their children’s exposure to environmental pollut-
ants, and other relevant information, as determined
by the Administrator in cooperation with the Centers
for Disease Control;
‘‘(6) make all information created pursuant to
this subsection available to Federal and State agen-
cies, the public, and on the Internet; and
‘‘(7) review and update the lists created under
paragraphs (2) and (3) at least once each year.
‘‘SEC. 505. RESEARCH TO IMPROVE INFORMATION ON EF-
FECTS ON CHILDREN.
‘‘(a) TOXICITY DATA.—The Administrator, the Sec-
retary of Agriculture, and the Secretary of Health and
Human Services shall coordinate and support the develop-
ment and implementation of basic and applied research
initiatives to examine the health effects and toxicity of pes-
ticides (including active and inert ingredients) and other
environmental pollutants on children and other vulnerable
subpopulations.
‘‘(b) BIENNIAL REPORTS.—The Administrator, the
Secretary of Agriculture, and the Secretary of Health and
Human Services shall submit biennial reports to Congress
on actions taken to carry out this section.
‘‘SEC. 506. AUTHORIZATION OF APPROPRIATIONS.
‘‘There are authorized to be appropriated such sums
as are necessary to carry out this title.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
of the Toxic Substances Control Act (contained in section
1 of such Act) is amended by adding at the end the follow-
ing:
‘‘TITLE V—ENVIRONMENTAL PROTECTION FOR CHILDREN
‘‘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 effects on children.
‘‘Sec. 506. Authorization of appropriations.’’.
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