[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2691 Introduced in House (IH)]

  1st Session
                                H. R. 2691

   To amend the Public Health Service Act to prohibit discrimination 
              regarding exposure to hazardous substances.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 29, 1995

Ms. Velazquez introduced the following bill; which was referred to the 
                         Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
   To amend the Public Health Service Act to prohibit discrimination 
              regarding exposure to hazardous substances.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Public Health Equity Act''.

SEC. 2. 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:

     ``TITLE XXVII--DISCRIMINATION REGARDING EXPOSURE TO HAZARDOUS 
                               SUBSTANCES

``SEC. 2701. COVERED SUBSTANCES.

    ``For purposes of this title, the term `covered substance' means 
each of the following:
            ``(1) Any contaminant identified in title XIV of this Act.
            ``(2) 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 such section.
            ``(3) Any chemical listed by the National Toxicology 
        Program of the Department of Health and Human Services as a 
        known or probable human carcinogen.
            ``(4) 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.
            ``(5) Any material subject to the requirements concerning 
        material safety data sheets for chemicals under the 
        Occupational and Safety and Health Act of 1970.

``SEC. 2702. PROHIBITION AGAINST DISCRIMINATION.

    ``(a) In General.--An entity receiving Federal financial assistance 
may not, on the ground of race, color, or national origin, subject an 
individual to a disproportionate level of exposure to any covered 
substance.
    ``(b) Enforcement.--With respect to the provisions of section 602 
of the Civil Rights Act of 1964 that relate to compliance, such 
provisions apply to subsection (a) to the same extent and in the same 
manner as the provisions apply to section 601 of such Act. The 
preceding sentence is subject to section 2703(b).

``SEC. 2703. REGULATIONS.

    ``(a) In General.--The President shall require the appropriate 
Federal officials to issue regulations to implement section 2702. Such 
regulations shall be issued in accordance with procedures established 
for the issuance of substantive rules under section 553 of title 5, 
United States Code.
    ``(b) Enforcement.--
            ``(1) In general.--With respect to section 602 of the Civil 
        Rights Act of 1964 as applied for purposes of section 2702(b), 
        the regulations under subsection (a) shall provide that the 
        means of providing for the compliance of an entity with section 
        2702(a) include the termination of all or part of the Federal 
        financial assistance that otherwise would be provided to the 
        entity, without regard to the limitation described in such 
        section 602 with respect to particular entities, particular 
        recipients, and particular programs.
            ``(2) Administrative orders; particular facilities.--In the 
        case of an entity that is in violation of section 2702(a), the 
        appropriate Federal official may, pursuant to paragraph (1), 
        issue administrative orders regarding the covered substance 
        involved, including as applicable orders regarding the facility 
        that produces the covered substance.
    ``(c) Dates Certain Regarding Regulations.--For purposes of 
regulations under subsection (a), all proposed rules shall be issued 
not later than 180 days after the date of the enactment of the Public 
Health Equity Act, all final rules shall be issued not later than 10 
months after such date, and all the final rules shall take effect not 
later than one year after such date.''.
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