Children’s Protection Act of 2021
Bill: H.R.3716 | Sponsor: Rep. Maloney, Carolyn B. (D-NY)
Policy area: Government Operations and Politics

Summary:
Children's Protection Act of 2021
This bill requires federal agencies to analyze the impact of any proposed and final rule that may negatively affect the health outcomes of a substantial number of children, including the impact of the rule on access to health insurance, health care, and behavioral health care services.

To require agencies to analyze how certain rules impact children, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Children's 
Protection Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Initial regulatory children's analysis.
Sec. 3. Final regulatory children's analysis.
Sec. 4. Exception, delay, and preparation of analyses.
Sec. 5. Procedures for gathering comments.
Sec. 6. Avoidance of duplicative or unnecessary analyses.
Sec. 7. Reports.
Sec. 8. Applicability.
Sec. 9. Judicial review.
Sec. 10. Definitions.

SEC. 2. INITIAL REGULATORY CHILDREN'S ANALYSIS.

    (a) Publication and Public Comment Required.--Except as provided 
for in subsections (a) and (b) of section 4, with respect to any 
proposed applicable rule, the head of an agency shall include an 
initial regulatory children's analysis, or a summary of the analysis, 
in the general notice of proposed rulemaking published in the Federal 
Register under section 553 of title 5, United States Code, or other 
applicable law, and make such analysis or summary available for public 
comment.
    (b) Contents of Initial Analysis.--Each initial regulatory 
children's analysis required under this section shall describe the 
impact of the proposed applicable rule on children and contain the 
following:
            (1) An estimate of the number of children who may be 
        directly or indirectly negatively affected by the proposed 
        rule.
            (2) An analysis of how children may be directly or 
        indirectly negatively affected by the proposed applicable rule, 
        including with respect to the following:
                    (A) Physical safety.
                    (B) Mental, emotional, and physical health, 
                including the unique vulnerabilities of children's 
                specific stages of development.
                    (C) Relationship with and attachment to a parent, 
                legal guardian, sibling, or other extended family, 
                Tribe, or community member.
                    (D) Well-being and security, including economic 
                security, education, and healthy development.
                    (E) Identity, including race, ethnicity, religion, 
                gender, gender identity, sexual orientation, and 
                immigration status.
            (3) Data sources and a description of any uncertainties.
            (4) A description of the demographic groups of children 
        negatively affected.
            (5) Any reasonably foreseeable projected increase in 
        negative health or educational outcomes for children, including 
        reduced access to health insurance, health care, and behavioral 
        health care services.
            (6) Any significant alternatives to the proposed applicable 
        rule that could accomplish the stated objectives of the 
        proposed applicable rule and that minimize any negative impacts 
        to children or that provide greater benefits to children.
    (c) Requirements Before Publication of Initial Analysis.--Before 
the publication of an initial regulatory children's analysis by an 
agency:
            (1) The head of the agency shall convene a review panel for 
        the proposed applicable rule consisting of full-time Federal 
        employees of the office within the agency responsible for 
        carrying out the proposed applicable rule, 3 children's 
        representatives, a board certified pediatrician, a member of 
        the National Academy of Sciences with expertise in children's 
        health, a licensed early childhood educator, and 1 career 
        employee from the Office of Information and Regulatory Affairs.
            (2) The review panel convened pursuant to paragraph (1) 
        shall review any material related to the applicable rule that 
        the agency has prepared in connection with the requirements of 
        this Act, including any draft proposed applicable rule, and 
        collect advice and recommendations of each individual 
        representative identified by the agency on issues described in 
        subsection (b).
            (3) Not later than 60 days after the date on which an 
        agency convenes a review panel pursuant to paragraph (1), the 
        review panel shall submit to the head of the agency a report on 
        the comments of the children's representatives and any findings 
        on issues described in subsection (b). Such report shall be 
        made public as part of the rulemaking record.
            (4) Where appropriate, the agency shall publish any 
        modification of the proposed applicable rule, the initial 
        regulatory children's analysis, or the decision on whether an 
        initial regulatory children's analysis is required.
    (d) Waiver of Requirements.--In consultation with the individuals 
identified in subsection (c)(1), the Administrator may waive the 
requirements of paragraph (2), (3), or (4) of subsection (c) by 
including in the rulemaking record a written finding with reasons 
therefor that those requirements would not advance the effective 
participation of children's representatives in the rulemaking process. 
For purposes of this subsection, the factors to be considered in making 
such a finding are as follows:
            (1) In developing a proposed applicable rule, the extent to 
        which the agency consulted with individuals representing and 
        advocating for affected children with respect to the potential 
        impacts of the applicable rule and took such concerns into 
        consideration.
            (2) Special circumstances requiring prompt issuance of the 
        applicable rule.

SEC. 3. FINAL REGULATORY CHILDREN'S ANALYSIS.

    (a) Publication Required.--Except as provided for in subsections 
(a) and (b) of section 4, simultaneously with the promulgation of a 
final applicable rule under section 553 of title 5, United States Code, 
or any other applicable statue, the head of the agency shall publish a 
final regulatory children's analysis, or a summary of the analysis, in 
the Federal Register. In a case in which only the summary is published, 
the head of the agency shall make the final regulatory children's 
analysis available on a public website of the agency and include a link 
to that website in the summary.
    (b) Contents of Final Analysis.--Each final regulatory children's 
analysis required under this section shall contain the following:
            (1) A statement of the significant issues raised by the 
        public comments in response to the initial regulatory 
        children's analysis including the impacts on children and the 
        regulatory analysis, a statement of the assessment by the 
        agency of such issues, and a statement of any changes made to 
        the proposed applicable rule as a result of such comments.
            (2) An estimate of the number of children who may be 
        directly or indirectly negatively impacted by the final 
        applicable rule and the basis of such estimate or a 
        substantiated explanation of why such estimate is unavailable.
            (3) A description of the demographic groups of children 
        impacted by the final applicable rule.
            (4) A description of the steps the agency has taken to 
        minimize the negative impact on children, and to maximize the 
        benefits to children, including a statement of the factual, 
        policy, and legal reasons for selecting any alternative adopted 
        in the final applicable rule and why any other alternative that 
        had less negative impact on children's health was not adopted.
            (5) An appendix containing the following:
                    (A) Any draft of the proposed applicable rule 
                submitted by the agency to the Office of Management and 
                Budget for any interagency review process prior to 
                proposal of any such rule and each document 
                accompanying any such draft.
                    (B) Each written comment to any draft described in 
                subparagraph (A) by any other agency and each written 
                response to such written comment by the Administrator.
                    (C) Each draft of the final applicable rule 
                submitted for such review process prior to promulgation 
                and each written comment thereon and any document 
                accompanying each such draft and any written response 
                thereto.

SEC. 4. EXCEPTION, DELAY, AND PREPARATION OF ANALYSES.

    (a) Exception.--The requirements of sections 2 and 3 do not apply 
if the head of an agency--
            (1) certifies that an applicable rule will not have a 
        negative impact on a substantial number of children; and
            (2) publishes such certification in the Federal Register at 
        the time of publication of general notice of proposed 
        rulemaking for the applicable rule along with a statement 
        providing details for the factual basis for such certification.
    (b) Delays.--
            (1) Emergency.--The head of an agency may delay the 
        completion of the requirements of section 2 by publishing in 
        the Federal Register, not later than the date of publication of 
        the final applicable rule, a written finding that the final 
        applicable rule is being promulgated in response to an 
        emergency that makes timely compliance impracticable.
            (2) Impracticability.--The head of an agency may delay the 
        completion of the requirements of section 3 for a period of not 
        more than 180 days after the date of publication in the Federal 
        Register of a final applicable rule by publishing in the 
        Federal Register with the final applicable rule, a written 
        finding that the final applicable rule is being promulgated in 
        response to an emergency that makes timely compliance with the 
        provisions of section 3 impracticable. If the agency has not 
        prepared and published the final regulatory analysis as 
        described in section 3 within 180 days after the date of 
        publication of the final applicable rule, such applicable rule 
        shall lapse and have no effect.
    (c) Preparation.--
            (1) In general.--In complying with sections 2 and 3, an 
        agency shall include in any analysis--
                    (A) a quantifiable or numerical description of the 
                effects of a proposed and final applicable rule or 
                alternatives to the proposed and final applicable rule; 
                and
                    (B) a qualitative analysis and description of the 
                effects of a proposed and final applicable rule or 
                alternatives to the proposed and final applicable rule.
            (2) Special attention to unique vulnerabilities.--An agency 
        shall consider the unique vulnerabilities of children, 
        including the unique behaviors, exposure routes, developing 
        bodies, and dependence on adults for their care, in preparing 
        the analysis and description described in paragraph (1).

SEC. 5. PROCEDURES FOR GATHERING COMMENTS.

    For any applicable rule, the head of the agency promulgating the 
applicable rule shall assure that children's representatives have been 
given an opportunity to participate in the rulemaking for the 
applicable rule through reasonable use of techniques, including the 
following:
            (1) The inclusion in an advanced notice of proposed 
        rulemaking, if issued, of a statement that the proposed 
        applicable rule may have a negative effect on a substantial 
        number of children.
            (2) The issuance of the notice through an easily accessible 
        publicly available press release or official statement.
            (3) The conduct of an open conference or a public hearing 
        concerning the applicable rule for children's representatives, 
        including soliciting and receiving comments through the 
        internet.

SEC. 6. AVOIDANCE OF DUPLICATIVE OR UNNECESSARY ANALYSES.

    (a) In General.--An agency may perform the analyses required by 
sections 2 and 3 in conjunction with any other required analysis, such 
as subchapter I of chapter 35 of title 44, United States Code (commonly 
referred to as the Paperwork Reduction Act), or Executive Order 12866 
(relating to regulatory planning and review).
    (b) Consolidation of Rules.--In order to avoid duplicative action, 
an agency may consider a series of closely related applicable rules as 
one rule for the purposes of sections 2, 3, 4, and 5.

SEC. 7. REPORTS.

    (a) OIRA Report on Compliance.--The Administrator shall monitor 
agency compliance with this Act and not less frequently than annually 
submit to the President, the Committee on Homeland Security and 
Governmental Affairs of the Senate, and the Committee on Oversight and 
Reform of the House of Representatives a report on such compliance.
    (b) Agency Biannual Submission to Office of Information and 
Regulatory Affairs.--
            (1) In general.--On a biannual basis, the head of each 
        agency shall submit to the Administrator, in such a manner as 
        the Administrator may reasonably require, a report on the 
        following information:
                    (A) For each rule that the agency expects to 
                propose or finalize during the following 6-month 
                period:
                            (i) A summary of the nature of the rule and 
                        justification for whether or not the rule will 
                        require an initial or final regulatory 
                        children's analysis, including--
                                    (I) the regulation identifier 
                                number and the docket number for the 
                                rule; and
                                    (II) the objectives of and legal 
                                basis for the issuance of the rule, 
                                including any statutory or judicial 
                                deadline and whether the agency plans 
                                to conduct an initial regulatory 
                                children's analysis during the 
                                rulemaking.
                            (ii) The stage of the rulemaking as of the 
                        date on which the report is submitted.
                            (iii) Whether the rule is subject to review 
                        under section 3.
            (2) Public availability.--Not later than 30 days after the 
        date on which the report is submitted pursuant to paragraph 
        (1), the Administrator shall make such report publicly 
        available on the internet.
    (c) Office of Information and Regulatory Affairs Publications.--
            (1) Cumulative assessment of agency rulemaking published 
        annually.--
                    (A) Publication in the federal register.--Not later 
                than October 1 of each year, the Administrator shall 
                publish in the Federal Register, for the previous year 
                a report on the following:
                            (i) Each report the Administrator received 
                        from the head of each agency under subsection 
                        (b)(1).
                            (ii) The number of rules and a list of each 
                        such rule--
                                    (I) that was proposed by each 
                                agency, including, for each such rule, 
                                an indication of whether the issuing 
                                agency conducted an initial regulatory 
                                children's analysis of the rule; and
                                    (II) that was finalized by each 
                                agency, including for each such rule an 
                                indication of whether--
                                            (aa) the issuing agency 
                                        conducted a final regulatory 
                                        children's analysis of the 
                                        rule;
                                            (bb) the agency claimed an 
                                        exception from the procedures 
                                        under section 4(a); or
                                            (cc) the rule was issued 
                                        pursuant to a statutory mandate 
                                        or the rulemaking is committed 
                                        to agency discretion by law.
                    (B) Publication on the internet.--Not later than 
                October 1 of each year, the Administrator shall make 
                publicly available on the internet the following:
                            (i) The initial and final regulatory 
                        children's analysis, if conducted, for each 
                        proposed rule or final rule issued by an agency 
                        for the previous year.
                            (ii) The docket number and regulation 
                        identifier number for each proposed or final 
                        rule issued by an agency for the previous year.
                            (iii) The number of rules and a list of 
                        each rule reviewed by the Director of the 
                        Office of Management and Budget for the 
                        previous year, and the authority under which 
                        each such review was conducted.

SEC. 8. APPLICABILITY.

    This Act shall apply with respect to any proposed applicable rule 
within the year before the date of enactment of this Act that has not 
been finalized as of the date of the enactment of this Act and any 
proposed applicable rule on or after the date of the enactment of this 
Act.

SEC. 9. JUDICIAL REVIEW.

    In the case of an action brought under chapter 7 of title 5, United 
States Code, alleging that the head of an agency did not comply with 
the requirement under section 2(a) or that the head of an agency's 
determination that a rule was not an applicable rule was arbitrary, 
capricious, an abuse of discretion, or otherwise not in accordance with 
law, the reviewing court may not vacate a rule but may only remand the 
rule to the agency to comply with such section or review the 
determination, as applicable.

SEC. 10. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Office of Information and Regulatory 
        Affairs.
            (2) Agency.--The term ``agency'' has the meaning given that 
        term in section 551 of title 5, United States Code.
            (3) Applicable rule.--The term ``applicable rule'' means a 
        rule that may negatively affect, directly or indirectly, a 
        substantial number of children.
            (4) Child.--The term ``child'' means a human from the 
        moment immediately after birth up to an age of 18 years.
            (5) Children's representative.--The term ``children's 
        representative''--
                    (A) means a nonprofit organization or a municipal, 
                State, or Federal agency, or Federal advisory committee 
                that has the mission of protecting all children's 
                health and welfare or providing healthcare services to 
                all children despite race, ethnicity, socioeconomic 
                class, sexual orientation, or other identification 
                markers; and
                    (B) does not include any trade association or for-
                profit entities.
            (6) Nonprofit organization.--The term ``nonprofit 
        organization'' means an organization that is described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 and is 
        exempt from taxation under section 501(a) of such Code.
            (7) Rule.--The term ``rule'' has the meaning given that 
        term in section 551 of title 5, United States Code, to which 
        section 553 of title 5, United States Code, applies.
            (8) State.--The term ``State'' means each State of the 
        United States, the District of Columbia, each commonwealth, 
        territory, or possession of the United States, and each 
        federally recognized Indian Tribe.
            (9) Substantial number of children.--The term ``substantial 
        number of children'' means at least 500 children.
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