article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Children's Environmental Protection Act of 1996''. SEC. 2. ENVIRONMENTAL PROTECTION FOR CHILDREN. 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 citizens and local officials knowing the toxic dangers that exist in their communities and neighborhoods; ``(2) children and other vulnerable subpopulations are more at risk from environmental pollutants than adults and therefore face unique health threats that need special attention; ``(3) a study conducted by the National Academy of Sciences on the effects of pesticides in the diets of infants and children concluded that current approaches to risk assessment typically do not consider risks to children and, as a result, current standards and tolerances often fail to adequately protect infants and children; ``(4) risk assessments of pesticides and other environmental pollutants conducted by the Environmental Protection Agency do not clearly differentiate between the risks to children and the risks to adults; ``(5) data are lacking that would allow adequate quantification and evaluation of child-specific and other- vulnerable-subpopulation-specific susceptibility and exposure to environmental pollutants; and ``(6) the absence of data precludes effective government regulation of environmental pollutants, and denies individuals the ability to exercise a right to know and make informed decisions to protect their families. ``(b) Policy.--It is the policy of the United States that-- ``(1) all environmental and public health standards set by the Environmental Protection Agency must be adequate to protect children and other vulnerable subpopulations that are at greater risk from exposure to environmental pollutants; ``(2) adequate hazard data should be developed with respect to the special vulnerability and exposure to environmental pollutants of children and other vulnerable subpopulations to better assess where, and at what levels, children and other vulnerable subpopulations are being exposed; ``(3) scientific research opportunities should be identified by the Environmental Protection Agency to study the health effects of cumulative and simultaneous exposures of children and other vulnerable subpopulations to environmental pollutants; ``(4) information should be made readily available by the Environmental Protection Agency to the general public to advance the public's right-to-know, and allow the public to avoid unnecessary and involuntary exposure; and ``(5) a family right-to-know initiative should be developed by the Environmental Protection Agency to provide parents with basic information so the parents can make informed choices to protect their children from environmental health threats in their homes, schools, and communities. ``SEC. 502. DEFINITIONS. ``In this title: ``(1) Children.--The term `children' includes adolescents and infants. ``(2) Environmental pollutant.--The term `environmental pollutant' means a hazardous substance, as defined in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601), or a pesticide, as defined in section 2 of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136). ``(3) User.--The term `user' means any commercial applicator of, or any person who applies, an environmental pollutant in a school, park, or public area that is reasonably accessible to children. ``(4) Vulnerable subpopulations.--The term `vulnerable subpopulations' means children, pregnant women, the elderly, individuals with a history of serious illness, and other subpopulations identified by the Administrator as likely to experience elevated health risks from environmental pollutants. ``SEC. 503. FAMILY RIGHT-TO-KNOW INITIATIVE. ``(a) In General.--The Administrator shall work with each State to develop a family right-to-know initiative in accordance with this section. ``(b) Grants.-- ``(1) In general.--The Administrator shall make grants to States to develop and carry out a family right-to-know initiative in accordance with this section. ``(2) Terms and conditions.--Grants made under this subsection shall be subject to such terms and conditions as the Administrator establishes to further the purposes of this title. ``(c) Requirements of Initiative.--A State carrying out a family right-to-know initiative shall-- ``(1) require that any user who applies an environmental pollutant in a public area that is reasonably accessible to children complete a simple, easy-to-understand form that provides the amount of environmental pollutant applied, where the environmental pollutant was applied, and when the environmental pollutant was applied; ``(2) work with the Administrator to-- ``(A) develop a uniform definition of the term `public area that is reasonably accessible to children' for purposes of this section, that shall include, at a minimum, schools, shopping malls, movie theaters, and parks; ``(B) develop a uniform form to be completed by users under paragraph (1); ``(C) determine the manner and length of time of keeping the forms completed by users; and ``(D) determine the format for reporting information collected under paragraph (1) to the public; ``(3) prepare annual State reports summarizing the information collected under paragraph (1) for distribution to the Administrator; ``(4) provide the public with copies of annual State reports and local recordkeeping for schools, parks, and public areas; ``(5) make State reports available to the public on the Internet; ``(6) provide the Administrator with such data as the Administrator requests to prepare a nationwide survey under subsection (d); and ``(7) satisfy such other requirements as the Administrator prescribes to carry out this section. ``(d) Nationwide Surveys.-- ``(1) In general.--The Administrator shall prepare a biennial nationwide survey of the information collected under this section. ``(2) Assessment.--The nationwide survey shall assess the extent to which environmental pollutants are present in private office and commercial buildings that are reasonably accessible to children. ``(3) Recommendation.--The nationwide survey shall recommend whether public recordkeeping and public reporting concerning application of environmental pollutants in areas that are reasonably accessible to children should be required. ``(e) Public Availability of Information.-- ``(1) In general.--On request by a member of the public, the Administrator shall provide a copy of any State report or nationwide survey prepared under this section. ``(2) Internet.--The Administrator shall make any State report or nationwide survey prepared under this section available to the public on the Internet. ``SEC. 504. SAFE SCHOOLS AND PARKS. ``(a) In General.--Not later than 1 year after the date of enactment of this title, the Administrator shall-- ``(1) identify hazardous substances and pesticides commonly used in schools and parks; ``(2) create, after peer review, a list of the substances identified in paragraph (1) with high hazard health risks to children and other vulnerable subpopulations; ``(3) make the list created under paragraph (2) available to the public; ``(4) review the list created under paragraph (2) on a biennial basis; and ``(5) develop and issue an Environmental Protection Agency approved sign and label for posting by a school or park to indicate that high hazard environmental pollutants were not used in the school or park. ``(b) Cooperation.--The Administrator shall work with the Secretary of Health and Human Services, the Secretary of Education, the Secretary of the Interior, and the Secretary of Agriculture to ensure wide public distribution of the list created under subsection (a)(2). ``(c) Compliance by Schools and Parks.--Not later than 1 year after the list created under subsection (a)(2) is made available to the public, the Administrator shall prohibit a school or park from using any environmental pollutant on the list. ``SEC. 505. RESEARCH TO IMPROVE INFORMATION ON EFFECTS ON CHILDREN. ``(a) Toxicity Data.--The Administrator, the Secretary of Agriculture, and the Secretary of Health and Human Services shall coordinate the development and implementation of research studies to examine the physiological and pharmacokinetic differences in the effects and toxicity of pesticides (including active and inert ingredients) and other environmental pollutants on children and other vulnerable subpopulations, as identified in the study of the National Academy of Sciences entitled `Pesticides in the Diets of Infants and Children'. ``(b) Exposure Data.--The Administrator, the Secretary of Agriculture, and the Secretary of Health and Human Services shall conduct surveys and applied research to document differences between children and adults with respect to dietary, dermal, and inhalation exposure to pesticides and other environmental pollutants. ``(c) 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. SAFEGUARDING CHILDREN AND OTHER VULNERABLE SUBPOPULATIONS. ``(a) In General.--The Administrator shall-- ``(1) evaluate environmental health risks to vulnerable subpopulations in all of the risk assessments, risk characterizations, environmental and public health standards, and general regulatory decisions carried out by the Administrator; ``(2) carry out paragraph (1) in accordance with the policy of the Environmental Protection Agency on the assessment of risks to children in effect on November 1, 1995; and ``(3) develop and use a separate assessment or finding of risks to vulnerable subpopulations or publish 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 assessment, risk characterization, environmental or public health standard, or general regulatory decision carried out by the Administrator, the Administrator shall evaluate the environmental health risks to children and other vulnerable subpopulations. ``(2) Implementation.--In carrying out paragraph (1), not later than 1 year after the date of enactment of this title, the Administrator shall-- ``(A) develop an administrative strategy and an administrative process for reviewing standards; ``(B) identify a list of standards that may need revision to ensure the protection of children and vulnerable subpopulations; ``(C) prioritize the list according to the standards that are most important for expedited 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 5 public health and environmental standards of the Environmental 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 5 revised standards that meet the criteria of this subsection. ``(4) Completed revision of standards.--Not later than 15 years after the date of enactment of this title, the Administrator shall complete the revision of standards in accordance with this subsection. ``(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. 507. PUBLIC AVAILABILITY OF DATA. ``(a) Disclosure of Health Effects and Exposure Data.--Subject to subsection (b), any data or information known by a Federal agency concerning any test of a pesticide, residue of a pesticide, or other environmental pollutant to determine the potential levels of exposure or health effects shall be available for disclosure to the public, except to the extent the data or information relates to-- ``(1) a manufacturing or quality control process; ``(2) a method for detecting the quantity of any deliberately added inert ingredient of a chemical substance other than a method for detecting a residue of the inert ingredient in or on food; or ``(3) explicit information derived from a pesticide use form submitted under section 1491 of the Food, Agriculture, Conservation, and Trade Act of 1990 (7 U.S.C. 136i-1). ``(b) Data and Information Submitted Under FIFRA.--Any data or information described in subsection (a) that was submitted to the Administrator under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.) shall be made available for disclosure to the public in accordance with section 10 of the Act (7 U.S.C. 136h). ``(c) Disclosure.--This section shall not restrict the release of-- ``(1) information that is otherwise subject to disclosure under section 552 of title 5, United States Code; or ``(2) information available through-- ``(A) a material safety data sheet; ``(B) published scientific literature; or ``(C) a government document. ``SEC. 508. AUTHORIZATION OF APPROPRIATIONS. ``There are authorized to be appropriated such sums as are necessary to carry out this title.''.
summary: Children's Environmental Protection Act of 1996 - Amends the Toxic Substances Control Act to state U.S. policy regarding the adequacy of protection of children and other vulnerable subpopulations from exposure to environmental pollutants. Defines "vulnerable subpopulations" to include children, pregnant women, the elderly, individuals with a history of serious illness, and other subpopulations identified by the Administrator of the Environmental Protection Agency (EPA) as likely to experience elevated health risks from environmental pollutants. Directs the Administrator to: (1) work with each State, including by making grants, to develop a family right-to-know initiative requiring disclosure of the details of application of a pollutant in a public area accessible to children, State reports of such information, and provision of data for a nationwide survey; (2) identify and make publicly available a list of hazardous substances and pesticides commonly used in schools and parks; (3) create a list of substances with high hazard risks; (4) develop and issue an EPA-approved warning sign and label for posting in such areas; and (5) prohibit a school or park from using any pollutant on the high hazard risk list. Directs the Administrator and the Secretaries of Agriculture and of Health and Human Services to: (1) coordinate and implement research studies of the physiological and pharmacokinetic differences in the effects and toxicity of pesticides and other pollutants on children and other vulnerable subpopulations; (2) conduct surveys and research to document differences between children and adults with respect to exposure; and (3) report to the Congress. Directs the Administrator to evaluate environmental health risks to children and vulnerable subpopulations in all risk assessments and characterizations, environmental or public health standards, or general regulatory decisions and develop and use a separate assessment with respect to vulnerable subpopulations. Requires a report to the Congress. Requires public availability, subject to restrictions, of information concerning any test of a pesticide, pesticide residue, or other pollutant to determine potential levels of exposure or health effects. Authorizes appropriations.