,i  #aafth ,,congress  #b;d ,session    
,h4 ,r4 #hefe  ,,in ,,the ,,house ,,of  
,,representatives  ,october #i1         
#bjbj,mrs4 ,carolyn ,b4 ,maloney of ,new
 ,york 7for herself and ,ms4 ,pressley7 
introduced the following bill2 which was
 referred to the ,committee on the      
,judiciary1 and in addition to the      
,committee on ,oversight and ,reform1   
for a period to be subsequently         
determined by the ,speaker1 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 children1 and for other    
purposes4  #a4 ,short title2 table of   
contents  7a7 ,short title ,this ,act   
may be cited as the ,children's         
,protection ,act of #bjbj4  7b7 ,table  
of contents ,the table of contents for  
this ,act is as follows3 ,sec4 #a4      
,short title2 table of contents4,sec4   
#b4 ,initial regulatory children's      
analysis4,sec4 #c4 ,final regulatory    

children's analysis4,sec4 #d4           
,exception1 delay1 and preparation of   
analyses4,sec4 #e4 ,procedures for      
gathering comments4,sec4 #f4 ,avoidance 
of duplicative or unnecessary           
analyses4,sec4 #g4 ,reports4,sec4 #h4   
,applicability4,sec4 #i4 ,judicial      
review4,sec4 #aj4 ,definitions4  #b4    
,initial regulatory children's analysis 
7a7 ,publication and public comment     
required ,except as provided for in     
subsections 7a7 and 7b7 of section #d1  
with respect to any proposed applicable 
rule1 the head of an agency shall       
include an initial regulatory children's
 analysis1 or a summary of the analysis1
 in the general notice of proposed      
rulemaking published in the ,federal    
,register under section #eec of title   
#e1 ,united ,states ,code1 or other     
applicable law1 and make such analysis  
or summary available for public comment4
  7b7 ,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 following3 7#a7 ,an        
estimate of the number of children whose
 health outcomes may be directly or     
indirectly negatively affected and how  
children's health may be negatively     
affected by the proposed applicable     
rule1 including the following3 7,a7 ,the
 unique vulnerabilities of children     
including unique behaviors1 how children
 may be exposed to chemicals1 developing
 bodies1 and dependence on adults for   
their care4  7,b7 ,data sources and a   
description of any uncertainties4  7,c7 
,a description of the demographic groups
 of children negatively affected4  7#b7 
,any reasonably foreseeable projected   
increase in negative health or          
educational outcomes for children1      
including reduced access to health      
insurance1 health care1 and behavioral  
health care services4  7#c7 ,any        
significant alternatives to the proposed
 applicable rule that could accomplish  

the stated objectives of the proposed   
applicable rule and that minimize any   
negative health impacts to children or  
that provide greater benefits to        
children4  7c7 ,requirements before     
publication of initial analysis ,before 
the publication of an initial regulatory
 children's analysis by an agency3 7#a7 
,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 rule1 #c children's 
representatives1 a board certified      
pediatrician1 a member of the ,national 
,academy of ,sciences with expertise in 
children's health1 a licensed early     
childhood educator1 and #a career       
employee from the ,office of            
,information and ,regulatory ,affairs4  
7#b7 ,the review panel convened pursuant
 to paragraph 7#a7 shall review any     
material related to the applicable rule 
that the agency has prepared in         

connection with the requirements of this
 ,act1 including any draft proposed     
applicable rule1 and collect advice and 
recommendations of each individual      
representative identified by the agency 
on issues described in subsection 7b74  
7#c7 ,not later than #fj days after the 
date on which an agency convenes a      
review panel pursuant to paragraph 7#a71
 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 7b74     
,such report shall be made public as    
part of the rulemaking record4  7#d7    
,where appropriate1 the agency shall    
publish any modification of the proposed
 applicable rule1 the initial regulatory
 children's analysis1 or the decision on
 whether an initial regulatory          
children's analysis is required4  7d7   
,waiver of requirements ,in consultation
 with the individuals identified in     
subsection 7c77#a71 the ,administrator  

may waive the requirements of paragraph 
7#b71 7#c71 or 7#d7 of subsection 7c7 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 process4 ,for purposes of    
this subsection1 the factors to be      
considered in making such a finding are 
as follows3 7#a7 ,in developing a       
proposed applicable rule1 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        
consideration4  7#b7 ,special           
circumstances requiring prompt issuance 
of the applicable rule4  #c4 ,final     
regulatory children's analysis  7a7     
,publication required ,except as        
provided for in subsections 7a7 and 7b7 
of section #d1 simultaneously with the  
promulgation of a final applicable rule 

under section #eec of title #e1 ,united 
,states ,code1 or any other applicable  
statue1 the head of the agency shall    
publish a final regulatory children's   
analysis1 or a summary of the analysis1 
in the ,federal ,register4 ,in a case in
 which only the summary is published1   
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 summary4  7b7 ,contents  
of final analysis ,each final regulatory
 children's analysis required under this
 section shall contain the following3   
7#a7 ,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  
analysis1 a statement of the assessment 
by the agency of such issues1 and a     
statement of any changes made to the    
proposed applicable rule as a result of 
such comments4  7#b7 ,an estimate of the

 number of children whose health the    
final applicable rule may directly or   
indirectly negatively impact and the    
basis of such estimate or a             
substantiated explanation of why such   
estimate is unavailable4  7#c7 ,a       
description of the demographic groups of
 children impacted by the final         
applicable rule4  7#d7 ,a description of
 the steps the agency has taken to      
minimize the negative impact on         
children's health1 and to maximize the  
benefits to children1 including a       
statement of the factual1 policy1 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     
adopted4  7#e7 ,an appendix containing  
the following3 7,a7 ,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 draft4  7,b7 ,each written comment 
to any draft described in subparagraph  
7,a7 by any other agency and each       
written response to such written comment
 by the ,administrator4  7,c7 ,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
 thereto4  #d4 ,exception1 delay1 and   
preparation of analyses  7a7 ,exception 
,the requirements of sections #b and #c 
do not apply if the head of an agency-- 
7#a7 certifies that an applicable rule  
will not have a negative impact on the  
health of a substantial number of       
children2 and  7#b7 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 certification4  7b7 ,delays    

7#a7 ,emergency ,the head of an agency  
may delay the completion of the         
requirements of section #b by publishing
 in the ,federal ,register1 not later   
than the date of publication of the     
final applicable rule1 a written finding
 that the final applicable rule is being
 promulgated in response to an emergency
 that makes timely compliance           
impracticable4  7#b7 ,impracticability  
,the head of an agency may delay the    
completion of the requirements of       
section #c for a period of not more than
 #ahj 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 rule1 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 #c impracticable4 
,if the agency has not prepared and     
published the final regulatory analysis 
as described in section #c within #ahj  

days after the date of publication of   
the final applicable rule1 such         
applicable rule shall lapse and have no 
effect4  7c7 ,preparation  7#a7 ,in     
general ,in complying with sections #b  
and #c1 an agency shall include in any  
analysis-- 7,a7 a quantifiable or       
numerical description of the effects of 
a proposed and final applicable rule or 
alternatives to the proposed and final  
applicable rule2 and  7,b7 a qualitative
 analysis and description of the effects
 of a proposed and final applicable rule
 or alternatives to the proposed and    
final applicable rule4  7#b7 ,special   
attention to unique vulnerabilities ,an 
agency shall consider the unique        
vulnerabilities of children1 including  
the unique behaviors1 exposure routes1  
developing bodies1 and dependence on    
adults for their care1 in preparing the 
analysis and description described in   
paragraph 7#a74  #e4 ,procedures for    
gathering comments ,for any applicable  
rule1 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 techniques1 including the following3 
7#a7 ,the inclusion in an advanced      
notice of proposed rulemaking1 if       
issued1 of a statement that the proposed
 applicable rule may have a negative    
effect on the health of a substantial   
number of children4  7#b7 ,the issuance 
of the notice through an easily         
accessible publicly available press     
release or official statement4  7#c7    
,the conduct of an open conference or a 
public hearing concerning the applicable
 rule for children's representatives1   
including soliciting and receiving      
comments through the internet4  #f4     
,avoidance of duplicative or unnecessary
 analyses  7a7 ,in general ,an agency   
may perform the analyses required by    
sections #b and #c in conjunction with  
any other required analysis1 such as    

subchapter ,i of chapter #ce of title   
#dd1 ,united ,states ,code 7commonly    
referred to as the ,paperwork ,reduction
 ,act71 or ,executive ,order #abhff     
7relating to regulatory planning and    
review74  7b7 ,consolidation of rules   
,in order to avoid duplicative action1  
an agency may consider a series of      
closely related applicable rules as one 
rule for the purposes of sections #b1   
#c1 #d1 and #e4  #g4 ,reports  7a7      
,,oira report on compliance ,the        
,administrator shall monitor agency     
compliance with this ,act and not less  
frequently than annually submit to the  
,president1 the ,committee on ,homeland 
,security and ,governmental ,affairs of 
the ,senate1 and the ,committee on      
,oversight and ,reform of the ,house of 
,representatives a report on such       
compliance4  7b7 ,agency biannual       
submission to office of information and 
regulatory affairs  7#a7 ,in general ,on
 a biannual basis1 the head of each     
agency shall submit to the              

,administrator1 in such a manner as the 
,administrator may reasonably require1 a
 report on the following information3   
7,a7 ,for each rule that the agency     
expects to propose or finalize during   
the following #f-month period3 7i7 ,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 analysis1         
including-- 7,i7 the regulation         
identifier number and the docket number 
for the rule2 and  7,,ii7 the objectives
 of and legal basis for the issuance of 
the rule1 including any statutory or    
judicial deadline and whether the agency
 plans to conduct an initial regulatory 
children's analysis during the          
rulemaking4  7ii7 ,the stage of the     
rulemaking as of the date on which the  
report is submitted4  7iii7 ,whether the
 rule is subject to review under section
 #c4  7#b7 ,public availability ,not    
later than #cj days after the date on   
which the report is submitted pursuant  

to paragraph 7#a71 the ,administrator   
shall make such report publicly         
available on the internet4  7c7 ,office 
of ,information and ,regulatory ,affairs
 publications  7#a7 ,cumulative         
assessment of agency rulemaking         
published annually  7,a7 ,publication in
 the ,federal ,register ,not later than 
,october #a of each year1 the           
,administrator shall publish in the     
,federal ,register1 for the previous    
year a report on the following3 7i7     
,each report the ,administrator received
 from the head of each agency under     
subsection 7b77#a74  7ii7 ,the number of
 rules and a list of each such rule--   
7,i7 that was proposed by each agency1  
including1 for each such rule1 an       
indication of whether the issuing agency
 conducted an initial regulatory        
children's analysis of the rule2 and    
7,,ii7 that was finalized by each       
agency1 including for each such rule an 
indication of whether-- 7aa7 the issuing
 agency conducted a final regulatory    

children's analysis of the rule2  7bb7  
the agency claimed an exception from the
 procedures under section #d7;a72 or    
7cc7 the rule was issued pursuant to a  
statutory mandate or the rulemaking is  
committed to agency discretion by law4  
7,b7 ,publication on the internet ,not  
later than ,october #a of each year1 the
 ,administrator shall make publicly     
available on the internet the following3
 7i7 ,the initial and final regulatory  
children's analysis1 if conducted1 for  
each proposed rule or final rule issued 
by an agency for the previous year4     
7ii7 ,the docket number and regulation  
identifier number for each proposed or  
final rule issued by an agency for the  
previous year4  7iii7 ,the number of    
rules and a list of each rule reviewed  
by the ,director of the ,office of      
,management and ,budget for the previous
 year1 and the authority under which    
each such review was conducted4  #h4    
,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 ,act4  #i4        
,judicial review ,in the case of an     
action brought under chapter #g of title
 #e1 ,united ,states ,code1 alleging    
that the head of an agency did not      
comply with the requirement under       
section #b7;a7 or that the head of an   
agency's determination that a rule was  
not an applicable rule was arbitrary1   
capricious1 an abuse of discretion1 or  
otherwise not in accordance with law1   
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 determination1 as applicable4
  #aj4 ,definitions ,in this ,act3 7#a7 
,administrator ,the term ,administrator 
means the ,administrator of the ,office 
of ,information and ,regulatory         
,affairs4  7#b7 ,agency ,the term agency

 has the meaning given that term in     
section #eea of title #e1 ,united       
,states ,code4  7#c7 ,applicable rule   
,the term applicable rule means a rule  
that may negatively affect1 directly or 
indirectly1 the health of a substantial 
number of children4  7#d7 ,child ,the   
term child means a human from the moment
 immediately after birth up to an age of
 #ah years4  7#e7 ,children's           
representative ,the term children's     
representative-- 7,a7 means a nonprofit 
organization or a municipal1 ,state1 or 
,federal agency1 or ,federal advisory   
committee that has the mission of       
protecting all children's health and    
welfare or providing healthcare services
 to all children despite race1          
ethnicity1 socioeconomic class1 sexual  
orientation1 or other identification    
markers2 and  7,b7 does not include any 
trade association or for-profit         
entities4  7#f7 ,nonprofit organization 
,the term nonprofit organization means  
an organization that is described in    

section #eja7;c77#c7 of the ,internal   
,revenue ,code of #aihf and is exempt   
from taxation under section #eja7;a7 of 
such ,code4  7#g7 ,rule ,the term rule  
has the meaning given that term in      
section #eea of title #e1 ,united       
,states ,code1 to which section #eec of 
title #e1 ,united ,states ,code1        
applies4  7#h7 ,state ,the term ,state  
means each ,state of the ,united        
,states1 the ,district of ,columbia1    
each commonwealth1 territory1 or        
possession of the ,united ,states1 and  
each federally recognized ,indian       
,tribe4  7#i7 ,substantial number of    
children ,the term substantial number of
 children means at least #ejj children4