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.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3716 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 3716
To require agencies to analyze how certain rules impact children, and
for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2021
Mrs. Carolyn B. Maloney of New York (for herself, Ms. Pressley, Ms.
Norton, Mr. Raskin, Mr. Cooper, and Mr. Khanna) 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 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.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Antitrust, Commercial, and Administrative Law.
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