HR 1972 IHCommentsClose CommentsPermalink

To amend the Public Health Service Act to prohibit discrimination regarding exposure to hazardous substances, and for other purposes.CommentsClose CommentsPermalink

April 19, 2007

Ms. VELAZQUEZ (for herself, Mr. HASTINGS of Florida, Ms. JACKSON-LEE of Texas, Mr. SERRANO, and Mrs. CHRISTENSEN) introduced the following bill; which was referred to the Committee on Energy and CommerceCommentsClose CommentsPermalink

To amend the Public Health Service Act to prohibit discrimination regarding exposure to hazardous substances, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Community Environmental Equity Act'.CommentsClose CommentsPermalink

SEC. 2. FINDINGS; PURPOSES.

(a) Findings- The Congress finds the following:CommentsClose CommentsPermalink





(1) There is a growing recognition that urban, low-income, and minority communities tend to be overburdened with polluting facilities such as waste transfer stations, power plants, superfund sites, brownfields, and toxic release inventory sites.CommentsClose CommentsPermalink





(2) Poor and urban neighborhoods are forced to suffer the effects associated with increased waste processing because they often lack the resources to defend their rights and cannot quantify unhealthy environmental factors.CommentsClose CommentsPermalink





(3) Addressing the problem of contaminated surroundings impacting low-income or minority communities must be a priority of this Nation.CommentsClose CommentsPermalink





(4) Health respiratory conditions such as asthma can be traced to environmental conditions impacting a community such as air pollution and biological contaminants.CommentsClose CommentsPermalink





(5) Asthma is one of the leading chronic health conditions in the United States (affecting over 15 million people) and the leading chronic youth illness (affecting 6.5 million children).CommentsClose CommentsPermalink





(6) At risk communities need resources to gather information useful in planning preventive health and environmental strategies to protect residents from polluting conditions.CommentsClose CommentsPermalink





(7) Alliances of community-based organizations and community health centers are often in the best position to develop neighborhood health profiles to assist heath policy makers in assessing the health impact of future growth or redevelopment.CommentsClose CommentsPermalink





(8) Federal resources can help communities protect themselves from being disproportionately exposed to contaminants which can cause respiratory health complications such as asthma.CommentsClose CommentsPermalink





(b) Purposes- The purposes of this Act are--CommentsClose CommentsPermalink





(1) to prevent any individual or community from being disproportionately exposed to hazardous materials;CommentsClose CommentsPermalink





(2) to enable government agencies to protect individuals and communities from such exposure;CommentsClose CommentsPermalink





(3) to give community-based organizations and community health centers the tools necessary to measure neighborhood impacts of environmental hazards; andCommentsClose CommentsPermalink





(4) to enable such organizations and centers to maintain a health profile for their communities and in this manner prevent discriminatory exposure to hazardous substances.CommentsClose CommentsPermalink

SEC. 3. DISCRIMINATION REGARDING EXPOSURE TO HAZARDOUS SUBSTANCES.

The Public Health Service Act (42 U.S.C. 201 et seq.) is amended by adding at the end the following title:CommentsClose CommentsPermalink

`TITLE XXX--DISCRIMINATION REGARDING EXPOSURE TO COVERED SUBSTANCES

`SEC. 3001. DEFINITIONS.

`In this title:CommentsClose CommentsPermalink





`(1) COVERED ENTITY- The term `covered entity' means any entity which handles, manages, treats, releases, discharges, disposes of, stores, transports, removes, moves, or delivers covered substances.CommentsClose CommentsPermalink





`(2) COVERED SUBSTANCE- The term `covered substance' means any of the following:CommentsClose CommentsPermalink





`(A) Any contaminant identified under the Safe Drinking Water Act (title XIV of this Act).CommentsClose CommentsPermalink





`(B) Any substance described in section 201(q) of the Federal Food, Drug, and Cosmetic Act, and any material registered pursuant to the Act referred to in paragraph (1) of such section.CommentsClose CommentsPermalink





`(C) Any chemical listed by the National Toxicology Program of the Department of Health and Human Services as a known or probable human carcinogen.CommentsClose CommentsPermalink





`(D) Any substance defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 and any chemical subject to section 313 of the Emergency Planning and Community Right-To-Know Act of 1986.CommentsClose CommentsPermalink





`(E) Any material subject to the requirements concerning material safety data sheets for chemicals under the Occupational Safety and Health Act of 1970.CommentsClose CommentsPermalink





`(F) Any chemical substance or mixture regulated under the Toxic Substance Control Act.CommentsClose CommentsPermalink





`(G) Any hazardous waste identified under the Solid Waste Disposal Act.CommentsClose CommentsPermalink





`(H) Any pesticide registered under the Federal Insecticide, Fungicide, and Rodenticide Act.CommentsClose CommentsPermalink





`(I) Any air pollutant regulated under the Clean Air Act.CommentsClose CommentsPermalink





`(J) Such other contaminants, chemicals, materials, wastes, and substances as the President, acting through the head of the appropriate agency, determines to be appropriate for purposes of this title.CommentsClose CommentsPermalink

`SEC. 3002. PROHIBITION AGAINST DISCRIMINATION.

`(a) In General- A covered entity shall not, on the ground of race, color, national origin, or economic status, disproportionately expose any person or community to any covered substance.CommentsClose CommentsPermalink





`(b) Compliance-CommentsClose CommentsPermalink





`(1) IDENTIFICATION- A covered entity shall consult and work in partnership with the States, local government officials, and the Federal Government to comply with subsection (a).CommentsClose CommentsPermalink





`(2) ADDRESSING DISPROPORTIONATE EXPOSURE- A covered entity shall address the actual or potential disproportionate exposure to covered substances of individuals or communities, on the ground of race, color, national origin, or economic status, prior to pursuing State and local administrative proceedings to obtain authorization or approval to handle, manage, treat, release, discharge, dispose of, transport, remove, move, deliver or otherwise use covered substances.CommentsClose CommentsPermalink





`(c) Regulations-CommentsClose CommentsPermalink





`(1) IN GENERAL- The President shall require the appropriate Federal officials to issue regulations to implement this section consistent with the provisions of section 602 of the Civil Rights Act of 1964 relating to compliance.CommentsClose CommentsPermalink





`(2) ENFORCEMENT- Compliance with this section may be effectuated (1) by the termination of or refusal to grant authorization to any covered entity to handle, manage, treat, release, discharge, dispose of, store, transport, remove, move, or deliver covered substances; or (2) by any other means authorized by law. With respect to any covered entity that is a recipient of Federal financial assistance, compliance may also be effectuated pursuant to section 602 of the Civil Rights Act of 1964.CommentsClose CommentsPermalink





`(3) DATES CERTAIN REGARDING REGULATIONS- For purposes of carrying out this section--CommentsClose CommentsPermalink





`(A) proposed rules shall be issued not later than 6 months after the date of the enactment of the Community Environmental Equity Act;CommentsClose CommentsPermalink





`(B) final rules shall be issued not later than 18 months after such date of enactment; andCommentsClose CommentsPermalink





`(C) such final rules shall take effect not later than 30 months after such date of enactment.CommentsClose CommentsPermalink





`(d) Biennial Report- Not later than 2 years after the date on which final rules are issued pursuant to subsection (c)(3)(B), and every 2 years thereafter, the Federal Interagency Environmental Justice Working Group (established under Executive Order 12898 (February 11, 1994)) shall submit to the Congress a report on activities carried out under this section.CommentsClose CommentsPermalink

`SEC. 3003. COMMUNITY HEALTH IMPACT PROFILE PROGRAM GRANTS.

`(a) Establishment- The Secretary shall establish a Health Impact Profile Program for the purpose of making grants to community-based organizations and community health centers to assist in the planning and development of community health impact profiles.CommentsClose CommentsPermalink





`(b) Requirement- The Secretary may not make a grant to a community-based organization or a community health center under this section unless the organization or center--CommentsClose CommentsPermalink





`(1) is located in the community in which the grant will be used; orCommentsClose CommentsPermalink





`(2) enters into a partnership with an entity in such community for purposes of carrying out the activities described in subsection (c).CommentsClose CommentsPermalink





`(c) Use of Funds- The Secretary may not make a grant to a community-based organization or a community health center under this section unless the organization or center agrees to use the grant for the following:CommentsClose CommentsPermalink





`(1) Conducting an overall neighborhood health assessment to measure the prospective environmental health consequences of--CommentsClose CommentsPermalink





`(A) any significant proposed growth or redevelopment plan; andCommentsClose CommentsPermalink





`(B) any exposure in the community to covered substances.CommentsClose CommentsPermalink





`(2) Building community expertise to develop health impact profiles through community-based organizations and community health centers.CommentsClose CommentsPermalink





`(3) Improving community ability to identify harmful environmental exposure by covered entities.CommentsClose CommentsPermalink





`(4) Preserving a healthy and environmentally friendly community.CommentsClose CommentsPermalink





`(d) Administrative Costs- The Secretary may not make a grant to a community-based organization or a community health center under this section unless the organization or center agrees that, of the amount received through the grant, not more than 10 percent of such amount will be used to cover reasonable administrative costs necessary to carry out the activities described in subsection (c).CommentsClose CommentsPermalink





`(e) Authorization of Appropriations- To carry out this section, there is authorized to be appropriated $1,000,000 for each of fiscal years 2008 through 2010. Funds appropriated under this section shall remain available until expended.'.CommentsClose CommentsPermalink