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Executive Order 13045--Protection of Children From Environmental Health Risks and Safety Risks


[Federal Register: April 23, 1997 (Volume 62, Number 78)]
[Presidential Documents]
[Page 19883-19888]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23ap97-130]

[[Page 19883]]

_______________________________________________________________________

Part V

The President

_______________________________________________________________________

Executive Order 13045--Protection of Children From Environmental Health
Risks and Safety Risks

                        Presidential Documents

___________________________________________________________________

Title 3--
The President

[[Page 19885]]

                Executive Order 13045 of April 21, 1997


                Protection of Children From Environmental Health
                Risks and Safety Risks

                By the authority vested in me as President by the
                Constitution and the laws of the United States of
                America, it is hereby ordered as follows:

                Section 1. Policy.

                1-101. A growing body of scientific knowledge
                demonstrates that children may suffer
                disproportionately from environmental health risks and
                safety risks. These risks arise because: children's
                neurological, immunological, digestive, and other
                bodily systems are still developing; children eat more
                food, drink more fluids, and breathe more air in
                proportion to their body weight than adults; children's
                size and weight may diminish their protection from
                standard safety features; and children's behavior
                patterns may make them more susceptible to accidents
                because they are less able to protect themselves.
                Therefore, to the extent permitted by law and
                appropriate, and consistent with the agency's mission,
                each Federal agency:

                    (a) shall make it a high priority to identify and
                assess environmental health risks and safety risks that
                may disproportionately affect children; and
                    (b) shall ensure that its policies, programs,
                activities, and standards address disproportionate
                risks to children that result from environmental health
                risks or safety risks.

                1-102. Each independent regulatory agency is encouraged
                to participate in the implementation of this order and
                comply with its provisions.

                Sec. 2. Definitions. The following definitions shall
                apply to this order.

                2-201. ``Federal agency'' means any authority of the
                United States that is an agency under 44 U.S.C. 3502(1)
                other than those considered to be independent
                regulatory agencies under 44 U.S.C. 3502(5). For
                purposes of this order, ``military departments,'' as
                defined in 5 U.S.C. 102, are covered under the auspices
                of the Department of Defense.

                2-202. ``Covered regulatory action'' means any
                substantive action in a rulemaking, initiated after the
                date of this order or for which a Notice of Proposed
                Rulemaking is published 1 year after the date of this
                order, that is likely to result in a rule that may:

                    (a) be ``economically significant'' under Executive
                Order 12866 (a rulemaking that has an annual effect on
                the economy of $100 million or more or would adversely
                affect in a material way the economy, a sector of the
                economy, productivity, competition, jobs, the
                environment, public health or safety, or State, local,
                or tribal governments or communities); and
                    (b) concern an environmental health risk or safety
                risk that an agency has reason to believe may
                disproportionately affect children.

                2-203. ``Environmental health risks and safety risks''
                mean risks to health or to safety that are attributable
                to products or substances that the child is likely to
                come in contact with or ingest (such as the air we
                breath, the food we eat, the water we drink or use for
                recreation, the soil we live on, and the products we
                use or are exposed to).

                 Sec. 3. Task Force on Environmental Health Risks and
                Safety Risks to Children.

[[Page 19886]]

                3-301. There is hereby established the Task Force on
                Environmental Health Risks and Safety Risks to Children
                (``Task Force'').

                 3-302. The Task Force will report to the President in
                consultation with the Domestic Policy Council, the
                National Science and Technology Council, the Council on
                Environmental Quality, and the Office of Management and
                Budget (OMB).

                 3-303. Membership. The Task Force shall be composed of
                the:

                     (a) Secretary of Health and Human Services, who
                shall serve as a Co-Chair of the Council;
                     (b) Administrator of the Environmental Protection
                Agency, who shall serve as a Co-Chair of the Council;
                     (c) Secretary of Education;
                     (d) Secretary of Labor;
                     (e) Attorney General;
                     (f) Secretary of Energy;
                     (g) Secretary of Housing and Urban Development;
                     (h) Secretary of Agriculture;
                     (i) Secretary of Transportation;
                     (j) Director of the Office of Management and
                Budget;
                     (k) Chair of the Council on Environmental Quality;
                     (l) Chair of the Consumer Product Safety
                Commission;
                     (m) Assistant to the President for Economic
                Policy;
                     (n) Assistant to the President for Domestic
                Policy;
                     (o) Assistant to the President and Director of the
                Office of Science and Technology Policy;
                    (p) Chair of the Council of Economic Advisers; and
                     (q) Such other officials of executive departments
                and agencies as the President may, from time to time,
                designate.

                Members of the Task Force may delegate their
                responsibilities under this order to subordinates.

                3-304. Functions. The Task Force shall recommend to the
                President Federal strategies for children's
                environmental health and safety, within the limits of
                the Administration's budget, to include the following
                elements:

                    (a) statements of principles, general policy, and
                targeted annual priorities to guide the Federal
                approach to achieving the goals of this order;
                    (b) a coordinated research agenda for the Federal
                Government, including steps to implement the review of
                research databases described in section 4 of this
                order;
                    (c) recommendations for appropriate partnerships
                among Federal, State, local, and tribal governments and
                the private, academic, and nonprofit sectors;
                    (d) proposals to enhance public outreach and
                communication to assist families in evaluating risks to
                children and in making informed consumer choices;
                    (e) an identification of high-priority initiatives
                that the Federal Government has undertaken or will
                undertake in advancing protection of children's
                environmental health and safety; and
                    (f) a statement regarding the desirability of new
                legislation to fulfill or promote the purposes of this
                order.

                3-305. The Task Force shall prepare a biennial report
                on research, data, or other information that would
                enhance our ability to understand, analyze,

[[Page 19887]]

                and respond to environmental health risks and safety
                risks to children. For purposes of this report, cabinet
                agencies and other agencies identified by the Task
                Force shall identify and specifically describe for the
                Task Force key data needs related to environmental
                health risks and safety risks to children that have
                arisen in the course of the agency's programs and
                activities. The Task Force shall incorporate agency
                submissions into its report and ensure that this report
                is publicly available and widely disseminated. The
                Office of Science and Technology Policy and the
                National Science and Technology Council shall ensure
                that this report is fully considered in establishing
                research priorities.

                3-306. The Task Force shall exist for a period of 4
                years from the first meeting. At least 6 months prior
                to the expiration of that period, the member agencies
                shall assess the need for continuation of the Task
                Force or its functions, and make appropriate
                recommendations to the President.

                Sec. 4. Research Coordination and Integration.

                4-401. Within 6 months of the date of this order, the
                Task Force shall develop or direct to be developed a
                review of existing and planned data resources and a
                proposed plan for ensuring that researchers and Federal
                research agencies have access to information on all
                research conducted or funded by the Federal Government
                that is related to adverse health risks in children
                resulting from exposure to environmental health risks
                or safety risks. The National Science and Technology
                Council shall review the plan.

                4-402. The plan shall promote the sharing of
                information on academic and private research. It shall
                include recommendations to encourage that such data, to
                the extent permitted by law, is available to the
                public, the scientific and academic communities, and
                all Federal agencies.

                Sec. 5. Agency Environmental Health Risk or Safety Risk
                Regulations.

                5-501. For each covered regulatory action submitted to
                OMB's Office of Information and Regulatory Affairs
                (OIRA) for review pursuant to Executive Order 12866,
                the issuing agency shall provide to OIRA the following
                information developed as part of the agency's
                decisionmaking process, unless prohibited by law:

                    (a) an evaluation of the environmental health or
                safety effects of the planned regulation on children;
                and
                    (b) an explanation of why the planned regulation is
                preferable to other potentially effective and
                reasonably feasible alternatives considered by the
                agency.

                5-502. In emergency situations, or when an agency is
                obligated by law to act more quickly than normal review
                procedures allow, the agency shall comply with the
                provisions of this section to the extent practicable.
                For those covered regulatory actions that are governed
                by a court-imposed or statutory deadline, the agency
                shall, to the extent practicable, schedule any
                rulemaking proceedings so as to permit sufficient time
                for completing the analysis required by this section.

                5-503. The analysis required by this section may be
                included as part of any other required analysis, and
                shall be made part of the administrative record for the
                covered regulatory action or otherwise made available
                to the public, to the extent permitted by law.

                Sec. 6. Interagency Forum on Child and Family
                Statistics.

                6-601. The Director of the OMB (``Director'') shall
                convene an Interagency Forum on Child and Family
                Statistics (``Forum''), which will include
                representatives from the appropriate Federal statistics
                and research agencies. The Forum shall produce an
                annual compendium (``Report'') of the most important
                indicators of the well-being of the Nation's children.

                6-602. The Forum shall determine the indicators to be
                included in each Report and identify the sources of
                data to be used for each indicator. The

[[Page 19888]]

                Forum shall provide an ongoing review of Federal
                collection and dissemination of data on children and
                families, and shall make recommendations to improve the
                coverage and coordination of data collection and to
                reduce duplication and overlap.

                6-603. The Report shall be published by the Forum in
                collaboration with the National Institute of Child
                Health and Human Development. The Forum shall present
                the first annual Report to the President, through the
                Director, by July 31, 1997. The Report shall be
                submitted annually thereafter, using the most recently
                available data.

                Sec. 7. General Provisions.

                7-701. This order is intended only for internal
                management of the executive branch. This order is not
                intended, and should not be construed to create, any
                right, benefit, or trust responsibility, substantive or
                procedural, enforceable at law or equity by a party
                against the United States, its agencies, its officers,
                or its employees. This order shall not be construed to
                create any right to judicial review involving the
                compliance or noncompliance with this order by the
                United States, its agencies, its officers, or any other
                person.

                7-702. Executive Order 12606 of September 2, 1987 is
                revoked.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    April 21, 1997.

[FR Doc. 97-10695
Filed 4-22-97; 8:49 am]
Billing code 3195-01-P

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