Children’s Protection Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 8565 To require agencies to analyze how certain rules impact children, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 9, 2020 Mrs. CAROLYN B. MALONEY of New York (for herself and Ms. PRESSLEY) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Oversight and Reform, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To require agencies to analyze how certain rules impact children, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Children’s Protection Act of 2020’’. 5 (b) TABLE OF CONTENTS.—The table of contents for 6 this Act is as follows: 7 Sec. 1. Short title; table of contents. Sec. 2. Initial regulatory children’s analysis. Sec. 3. Final regulatory children’s analysis. VerDate Sep 11 2014 23:04 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H8565.IH H8565 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8565 IH 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. 1 (a) PUBLICATION AND PUBLIC COMMENT RE- 2 QUIRED.—Except as provided for in subsections (a) and 3 (b) of section 4, with respect to any proposed applicable 4 rule, the head of an agency shall include an initial regu- 5 latory children’s analysis, or a summary of the analysis, 6 in the general notice of proposed rulemaking published in 7 the Federal Register under section 553 of title 5, United 8 States Code, or other applicable law, and make such anal- 9 ysis or summary available for public comment. 10 (b) CONTENTS OF INITIAL ANALYSIS.—Each initial 11 regulatory children’s analysis required under this section 12 shall describe the impact of the proposed applicable rule 13 on children and contain the following: 14 (1) An estimate of the number of children 15 whose health outcomes may be directly or indirectly 16 negatively affected and how children’s health may be 17 negatively affected by the proposed applicable rule, 18 including the following: 19 (A) The unique vulnerabilities of children 20 including unique behaviors, how children may 21 VerDate Sep 11 2014 23:04 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8565.IH H8565 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8565 IH be exposed to chemicals, developing bodies, and 1 dependence on adults for their care. 2 (B) Data sources and a description of any 3 uncertainties. 4 (C) A description of the demographic 5 groups of children negatively affected. 6 (2) Any reasonably foreseeable projected in- 7 crease in negative health or educational outcomes for 8 children, including reduced access to health insur- 9 ance, health care, and behavioral health care serv- 10 ices. 11 (3) Any significant alternatives to the proposed 12 applicable rule that could accomplish the stated ob- 13 jectives of the proposed applicable rule and that 14 minimize any negative health impacts to children or 15 that provide greater benefits to children. 16 (c) REQUIREMENTS BEFORE PUBLICATION OF INI- 17 TIAL ANALYSIS.—Before the publication of an initial regu- 18 latory children’s analysis by an agency: 19 (1) The head of the agency shall convene a re- 20 view panel for the proposed applicable rule con- 21 sisting of full-time Federal employees of the office 22 within the agency responsible for carrying out the 23 proposed applicable rule, 3 children’s representa- 24 tives, a board certified pediatrician, a member of the 25 VerDate Sep 11 2014 23:04 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8565.IH H8565 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8565 IH National Academy of Sciences with expertise in chil- 1 dren’s health, a licensed early childhood educator, 2 and 1 career employee from the Office of Informa- 3 tion and Regulatory Affairs. 4 (2) The review panel convened pursuant to 5 paragraph (1) shall review any material related to 6 the applicable rule that the agency has prepared in 7 connection with the requirements of this Act, includ- 8 ing any draft proposed applicable rule, and collect 9 advice and recommendations of each individual rep- 10 resentative identified by the agency on issues de- 11 scribed in subsection (b). 12 (3) Not later than 60 days after the date on 13 which an agency convenes a review panel pursuant 14 to paragraph (1), the review panel shall submit to 15 the head of the agency a report on the comments of 16 the children’s representatives and any findings on 17 issues described in subsection (b). Such report shall 18 be made public as part of the rulemaking record. 19 (4) Where appropriate, the agency shall publish 20 any modification of the proposed applicable rule, the 21 initial regulatory children’s analysis, or the decision 22 on whether an initial regulatory children’s analysis is 23 required. 24 VerDate Sep 11 2014 23:04 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8565.IH H8565 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8565 IH (d) WAIVER OF REQUIREMENTS.—In consultation 1 with the individuals identified in subsection (c)(1), the Ad- 2 ministrator may waive the requirements of paragraph (2), 3 (3), or (4) of subsection (c) by including in the rulemaking 4 record a written finding with reasons therefor that those 5 requirements would not advance the effective participation 6 of children’s representatives in the rulemaking process. 7 For purposes of this subsection, the factors to be consid- 8 ered in making such a finding are as follows: 9 (1) In developing a proposed applicable rule, 10 the extent to which the agency consulted with indi- 11 viduals representing and advocating for affected chil- 12 dren with respect to the potential impacts of the ap- 13 plicable rule and took such concerns into consider- 14 ation. 15 (2) Special circumstances requiring prompt 16 issuance of the applicable rule. 17 SEC. 3. FINAL REGULATORY CHILDREN’S ANALYSIS. 18 (a) PUBLICATION REQUIRED.—Except as provided 19 for in subsections (a) and (b) of section 4, simultaneously 20 with the promulgation of a final applicable rule under sec- 21 tion 553 of title 5, United States Code, or any other appli- 22 cable statue, the head of the agency shall publish a final 23 regulatory children’s analysis, or a summary of the anal- 24 ysis, in the Federal Register. In a case in which only the 25 VerDate Sep 11 2014 23:04 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8565.IH H8565 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8565 IH summary is published, the head of the agency shall make 1 the final regulatory children’s analysis available on a pub- 2 lic website of the agency and include a link to that website 3 in the summary. 4 (b) CONTENTS OF FINAL ANALYSIS.—Each final reg- 5 ulatory children’s analysis required under this section 6 shall contain the following: 7 (1) A statement of the significant issues raised 8 by the public comments in response to the initial 9 regulatory children’s analysis including the impacts 10 on children and the regulatory analysis, a statement 11 of the assessment by the agency of such issues, and 12 a statement of any changes made to the proposed 13 applicable rule as a result of such comments. 14 (2) An estimate of the number of children 15 whose health the final applicable rule may directly or 16 indirectly negatively impact and the basis of such es- 17 timate or a substantiated explanation of why such 18 estimate is unavailable. 19 (3) A description of the demographic groups of 20 children impacted by the final applicable rule. 21 (4) A description of the steps the agency has 22 taken to minimize the negative impact on children’s 23 health, and to maximize the benefits to children, in- 24 cluding a statement of the factual, policy, and legal 25 VerDate Sep 11 2014 23:04 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8565.IH H8565 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8565 IH reasons for selecting any alternative adopted in the 1 final applicable rule and why any other alternative 2 that had less negative impact on children’s health 3 was not adopted. 4 (5) An appendix containing the following: 5 (A) Any draft of the proposed applicable 6 rule submitted by the agency to the Office of 7 Management and Budget for any interagency 8 review process prior to proposal of any such 9 rule and each document accompanying any such 10 draft. 11 (B) Each written comment to any draft 12 described in subparagraph (A) by any other 13 agency and each written response to such writ- 14 ten comment by the Administrator. 15 (C) Each draft of the final applicable rule 16 submitted for such review process prior to pro- 17 mulgation and each written comment thereon 18 and any document accompanying each such 19 draft and any written response thereto. 20 SEC. 4. EXCEPTION, DELAY, AND PREPARATION OF ANAL- 21 YSES. 22 (a) EXCEPTION.—The requirements of sections 2 and 23 3 do not apply if the head of an agency— 24 VerDate Sep 11 2014 23:04 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8565.IH H8565 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8565 IH (1) certifies that an applicable rule will not 1 have a negative impact on the health of a substantial 2 number of children; and 3 (2) publishes such certification in the Federal 4 Register at the time of publication of general notice 5 of proposed rulemaking for the applicable rule along 6 with a statement providing details for the factual 7 basis for such certification. 8 (b) DELAYS.— 9 (1) EMERGENCY.—The head of an agency may 10 delay the completion of the requirements of section 11 2 by publishing in the Federal Register, not later 12 than the date of publication of the final applicable 13 rule, a written finding that the final applicable rule 14 is being promulgated in response to an emergency 15 that makes timely compliance impracticable. 16 (2) IMPRACTICABILITY.—The head of an agen- 17 cy may delay the completion of the requirements of 18 section 3 for a period of not more than 180 days 19 after the date of publication in the Federal Register 20 of a final applicable rule by publishing in the Fed- 21 eral Register with the final applicable rule, a written 22 finding that the final applicable rule is being pro- 23 mulgated in response to an emergency that makes 24 timely compliance with the provisions of section 3 25 VerDate Sep 11 2014 23:04 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8565.IH H8565 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 8565 IH impracticable. If the agency has not prepared and 1 published the final regulatory analysis as described 2 in section 3 within 180 days after the date of publi- 3 cation of the final applicable rule, such applicable 4 rule shall lapse and have no effect. 5 (c) PREPARATION.— 6 (1) IN GENERAL.—In complying with sections 2 7 and 3, an agency shall include in any analysis— 8 (A) a quantifiable or numerical description 9 of the effects of a proposed and final applicable 10 rule or alternatives to the proposed and final 11 applicable rule; and 12 (B) a qualitative analysis and description 13 of the effects of a proposed and final applicable 14 rule or alternatives to the proposed and final 15 applicable rule. 16 (2) SPECIAL ATTENTION TO UNIQUE 17 VULNERABILITIES.—An agency shall consider the 18 unique vulnerabilities of children, including the 19 unique behaviors, exposure routes, developing bodies, 20 and dependence on adults for their care, in pre- 21 paring the analysis and description described in 22 paragraph (1). 23 VerDate Sep 11 2014 23:04 Oct 31, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8565.IH H8565 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 8565 IH SEC. 5. PROCEDURES FOR GATHERING COMMENTS. 1 For any applicable rule, the head of the agency pro- 2 mulgating the applicable rule shall assure that children’s 3 representatives have been given an opportunity to partici- 4 pate in the rulemaking for the applicable rule through rea- 5 sonable use of techniques, including the following: 6 (1) The inclusion in an advanced notice of pro- 7 posed rulemaking, if issued, of a statement that the 8 proposed applicable rule may have a negative effect 9 on the health of a substantial number of children. 10 (2) The issuance of the notice through an easily 11 accessible publicly available press release or official 12 statement. 13 (3) The conduct of an open conference or a 14 public hearing concerning the applicable rule for 15 children’s representatives, including soliciting and 16 receiving comments through the internet. 17 SEC. 6. AVOIDANCE OF DUPLICATIVE OR UNNECESSARY 18 ANALYSES. 19 (a) IN GENERAL.—An agency may perform the anal- 20 yses required by sections 2 and 3 in conjunction with any 21 other required analysis, such as subchapter I of chapter 22 35 of title 44, United States Code (commonly referred to 23 as the Paperwork Reduction Act), or Executive Order 24 12866 (relating to regulatory planning and review). 25 VerDate Sep 11 2014 22:31 Nov 02, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8565.IH H8565 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 8565 IH (b) CONSOLIDATION OF RULES.—In order to avoid 1 duplicative action, an agency may consider a series of 2 closely related applicable rules as one rule for the purposes 3 of sections 2, 3, 4, and 5. 4 SEC. 7. REPORTS. 5 (a) OIRA REPORT ON COMPLIANCE.—The Adminis- 6 trator shall monitor agency compliance with this Act and 7 not less frequently than annually submit to the President, 8 the Committee on Homeland Security and Governmental 9 Affairs of the Senate, and the Committee on Oversight 10 and Reform of the House of Representatives a report on 11 such compliance. 12 (b) AGENCY BIANNUAL SUBMISSION TO OFFICE OF 13 INFORMATION AND REGULATORY AFFAIRS.— 14 (1) IN GENERAL.—On a biannual basis, the 15 head of each agency shall submit to the Adminis- 16 trator, in such a manner as the Administrator may 17 reasonably require, a report on the following infor- 18 mation: 19 (A) For each rule that the agency expects 20 to propose or finalize during the following 6- 21 month period: 22 (i) A summary of the nature of the 23 rule and justification for whethe [Text truncated for display. Full text available on Congress.gov.]