[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[S. 1317 Introduced in Senate (IS)]







105th CONGRESS
  1st Session
                                S. 1317

 To amend the Comprehensive Environmental Response, Compensation, and 
 Liability Act of 1980 to expand the opportunity for health protection 
            for citizens affected by hazardous waste sites.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 24, 1997

 Mr. Lautenberg (for himself and Mr. Baucus) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
 To amend the Comprehensive Environmental Response, Compensation, and 
 Liability Act of 1980 to expand the opportunity for health protection 
            for citizens affected by hazardous waste sites.

    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 ``Environmental Health Protection Act 
of 1997''.

SEC. 2. DEFINITIONS.

    (a) General Definitions.--Section 101 of the Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9601) is amended by adding at the end the following:
            ``(39) ATSDR.--The term `ATSDR' means the Agency for Toxic 
        Substances and Disease Registry.''.
    (b) Definitions in the Public Participation Section.--
            (1) In general.--Section 117 of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9617) is amended--
                    (A) by redesignating subsections (a) through (e) as 
                subsections (b) through (f), respectively; and
                    (B) by inserting after the section heading the 
                following:
    ``(a) Definitions.--In this section:
            ``(1) Affected community.--The term `affected community' 
        means a group of 2 or more individuals who may be affected by 
        the release or threatened release of a hazardous substance, 
        pollutant, or contaminant from a covered facility.
            ``(2) Covered facility.--The term `covered facility' means 
        a facility--
                    ``(A) that has been listed or proposed for listing 
                on the National Priorities List;
                    ``(B) at which the Administrator is undertaking a 
                removal action that it is anticipated will exceed--
                            ``(i) in duration, 1 year; or
                            ``(ii) in cost, the funding limit under 
                        section 104; or
                    ``(C) with respect to which the Administrator of 
                ATSDR has approved a petition requesting a health 
                assessment or other related health activity under 
                section 104(i)(6)(B).
            ``(3) Waste site information office.--The term `waste site 
        information office' means a waste site information office 
        established under subsection (j).''.
            (2) Conforming amendments.--
                    (A) Title I of the Comprehensive Environmental 
                Response, Compensation, and Liability Act of 1980 is 
                amended--
                            (i) in section 111(a)(5) (42 U.S.C. 9611), 
                        by striking ``117(e)'' and inserting 
                        ``117(f)'';
                            (ii) in section 113(k)(2)(B) (42 U.S.C. 
                        9613)--
                                    (I) in clause (iii), by striking 
                                ``117(a)(2)'' and inserting 
                                ``117(b)(2)''; and
                                    (II) in the third sentence, by 
                                striking ``117(d)'' and inserting 
                                ``117(e)''.
                    (B) Section 2705(e) of title 10, United States 
                Code, is amended--
                            (i) by striking ``117(e)'' and inserting 
                        ``117(f)''; and
                            (ii) by striking ``(42 U.S.C. 9617(e))'' 
                        and inserting ``(42 U.S.C. 9617(f))''.

SEC. 3. AGENCY FOR TOXIC SUBSTANCES AND DISEASE REGISTRY.

    (a) Notice to Health Authorities.--Section 104(b) of Comprehensive 
Environmental Response, Compensation, and Liability Act of 1980 (42 
U.S.C. 9604(b)) is amended by adding at the end the following:
            ``(3) Notice to health authorities.--The President shall 
        notify State, local, and tribal public health authorities 
        whenever a release or a hazardous substance, pollutant, or 
        contaminant has occurred, is occurring, or is about to occur, 
        or there is a threat of such a release, and the release or 
        threatened release is under investigation pursuant to this 
        section.''.
    (b) Amendments Relating to ATSDR.--Section 104(i) of the 
Comprehensive Environmental Response, Compensation, and Liability Act 
of 1980 (42 U.S.C. 9604(i)) is amended--
            (1) in paragraph (1)--
                    (A) in the second sentence, by striking ``and 
                appropriate State and local health officials'' and 
                inserting ``the Indian Health Service, and appropriate 
                State, tribal, and local health officials'';
                    (B) in subparagraphs (A) and (C), by inserting 
                ``and Indian tribes'' after ``States''; and
                    (C) by striking the last sentence and inserting the 
                following flush sentence: ``In a public health 
                emergency, exposed persons shall be eligible for 
                referral to licensed or accredited health care 
                providers.'';
            (2) in paragraph (3)--
                    (A) in the matter following subparagraph (C)--
                            (i) by striking the sentence beginning 
                        ``The profiles required'';
                            (ii) in the sentence beginning ``The 
                        profiles prepared'', by inserting before the 
                        period at the end the following: ``and of 
                        substances not on the list, but that have been 
                        detected at covered facilities (within the 
                        meaning of section 117) and are determined by 
                        the Administrator of ATSDR to pose a 
                        significant potential threat to human health 
                        due to their known or suspected toxicity to 
                        humans and the potential for human exposure to 
                        such substances at such facilities.'';
                            (iii) in the sentence beginning ``Profiles 
                        required under'', by striking ``, but no less 
                        often'' and all that follows through the period 
                        at the end and inserting ``if the Administrator 
                        of ATSDR determines that there is significant 
                        new information.''; and
                            (iv) in the last sentence, by inserting 
                        ``and Indian tribes'' after ``States''; and
                    (B) by inserting after subparagraph (C) the 
                following:
                    ``(D) Evaluations of the cumulative effects 
                (including synergistic effects) of other chemicals.'';
            (3) in paragraph (4)--
                    (A) in the first sentence, by striking ``State 
                officials'' and inserting ``State, tribal,''; and
                    (B) in the second sentence, by inserting ``or 
                Indian tribes'' after ``States'';
            (4) in paragraph (5)(A)--
                    (A) in the first sentence, by inserting ``and the 
                Indian Health Service'' after ``Public Health 
                Service'';
                    (B) in the second sentence, by inserting after 
                ``program of research'' the following: ``conducted 
                directly or by such means as cooperative agreements and 
                grants with appropriate public and nonprofit 
                institutions. The program shall be''; and
                    (C) in the last sentence--
                            (i) in clause (iii), by striking ``and'' at 
                        the end;
                            (ii) by redesignating clause (iv) as clause 
                        (vi); and
                            (iii) by inserting after clause (iii) the 
                        following:
            ``(iv) laboratory and other studies that can lead to the 
        development of innovative techniques for predicting organ-
        specific, tissue-specific, and system-specific acute and 
        chronic toxicity associated with a covered facility; and
            ``(v) laboratory and other studies to determine the health 
        effects of substances commonly found in combination with other 
        substances, and the short, intermediate, and long-term 
        cumulative health effects (including from synergistic 
        impacts).'';
            (5) in paragraph (6)--
                    (A) by striking ``(6)(A) The Administrator'' and 
                all that follows through the end of subparagraph (A) 
                and inserting the following:
            ``(6) Health assessments and related health activities.--
                    ``(A) Requirements.--The Administrator of ATSDR 
                shall perform a health assessment or related health 
                activity (including, as appropriate, biomedical 
                testing, clinical evaluations, medical monitoring, and 
                referral to accredited health care providers or any 
                other health activity authorized in this subsection) 
                for each covered facility (as defined in section 
                117(a)).'';
                    (B) in subparagraph (B)--
                            (i) in the first sentence, by inserting 
                        ``or other health related activity'' after 
                        ``health assessments'';
                            (ii) in the second sentence, by inserting 
                        ``or other health related activity'' after 
                        ``health assessment''; and
                            (iii) in the third sentence--
                                    (I) by inserting ``or other health 
                                related activity'' after ``health 
                                assessment'' the first place it 
                                appears; and
                                    (II) by striking ``a health 
                                assessment'' the second place it 
                                appears and inserting ``the requested 
                                activity'';
                    (C) in subparagraph (C)--
                            (i) in the first sentence--
                                    (I) by inserting ``or other health 
                                related activity'' after ``health 
                                assessments''; and
                                    (II) by striking ``existing health 
                                assessment data'' and inserting ``data 
                                from existing health assessments or 
                                related activity''; and
                            (ii) in the second sentence, by inserting 
                        ``or other health related activity'' after 
                        ``health assessments'';
                    (D) in subparagraph (D), by adding at the end the 
                following: ``The President and the Administrator of 
                ATSDR shall obtain and exchange facility 
                characterization data and other information necessary 
                to make a public health determination sufficiently 
                before the completion of a remedial investigation and 
                feasibility study to allow full consideration of the 
                public health implications of a release, but in no 
                circumstance shall the President delay the progress of 
                a remedial action pending completion of a health 
                assessment or other health related activity. When 
                appropriate, the Administrator of ATSDR shall, in 
                cooperation with State and local health officials, 
                provide to the President recommendations for sampling 
                environmental media. To the extent practicable, the 
                President shall incorporate the recommendations into 
                facility characterization activities.'';
                    (E) in the first sentence of subparagraph (E), by 
                striking ``or political subdivision carrying out a 
                health assessment'' and inserting ``Indian tribe, or 
                political subdivision of a State carrying out a health 
                assessment or related health activity'';
                    (F) in subparagraph (F)--
                            (i) by striking ``(F) For the purpose of 
                        health assessments'' and inserting the 
                        following:
                    ``(F) Definition of health assessments.--
                            ``(i) In general.--For the purpose of 
                        health assessments or related activity'';
                            (ii) in the first sentence--
                                    (I) by inserting ``(including 
                                children and other highly susceptible 
                                or highly exposed populations)'' after 
                                ``human health'';
                                    (II) by striking ``existence of 
                                potential'' and inserting ``past, 
                                present, or future potential'';
                                    (III) by striking ``and the 
                                comparison'' and inserting ``the 
                                comparison''; and
                                    (IV) by striking the period at the 
                                end and inserting ``and the cumulative 
                                effects (including synergistic effects) 
                                of chemicals.''; and
                            (iii) by striking the second sentence and 
                        inserting the following:
                            ``(ii) Provision of data.--The 
                        Administrator shall consider information 
                        provided by State, Indian tribe, and local 
                        health officials and the affected community 
                        (including a community advisory group, if 1 has 
                        been established under subsection (g)) as is 
                        necessary to perform a health assessment or 
                        other related health activity.'';
                    (G) in the last sentence of subparagraph (G)--
                            (i) by striking ``In using'' and all that 
                        follows through ``to be taken'' and inserting 
                        ``In performing health assessments''; and
                            (ii) by inserting before the period at the 
                        end the following: ``and shall give special 
                        consideration, where appropriate, to any 
                        practices of the affected community that may 
                        result in increased exposure to hazardous 
                        substances, pollutants, or contaminants, such 
                        as subsistence hunting, fishing, and 
                        gathering''; and
                    (H) in subparagraph (H)--
                            (i) in the first sentence--
                                    (I) by inserting ``or other health 
                                related activity'' after ``health 
                                assessment''; and
                                    (II) by striking ``each affected 
                                State'' and inserting ``appropriate 
                                State, Indian tribe, and local health 
                                officials and community advisory groups 
                                and waste site information offices; and
                            (ii) in the second sentence, by inserting 
                        ``or other health related activity'' after 
                        ``health assessment'';
            (7) in paragraph (7)--
                    (A) by striking ``pilot'' each place it appears;
                    (B) by inserting ``or other related health 
                activity'' after ``health assessment'' each place it 
                appears; and
                    (C) in subparagraph (A), by inserting ``covered 
                facilities'' after the ``individuals'';
            (8) in paragraph (10)--
                    (A) by striking ``two years'' and all that follows 
                through ``thereafter'' and inserting ``Every 2 years'';
                    (B) by striking ``and'' at the end of subparagraph 
                (D);
                    (C) in subparagraph (E), by striking the period at 
                the end and inserting ``; and''; and
                    (D) by adding at the end the following:
                    ``(F) the health impacts on Indian tribes of 
                hazardous substances, pollutants, and contaminants from 
                covered facilities.'';
            (9) in paragraph (14)--
                    (A) by striking ``distribute to the States, and 
                upon request to medical colleges, physicians, and'' and 
                inserting the following: ``distribute--
            ``(A) to the States and local health officials, and upon 
        request to medical colleges, medical centers, physicians, 
        nursing institutions, nurses, and'';
                    (B) by striking ``methods of diagnosis and 
                treatment'' and inserting ``methods of prevention, 
                diagnosis, and treatment'';
                    (C) by striking the period at the end and inserting 
                ``; and''; and
                    (D) by adding at the end the following:
            ``(B) to the community potentially affected by a facility 
        appropriate educational materials, facility-specific 
        information, and other information on human health effects of 
        hazardous substances using available community information 
        networks, including, if appropriate, a community advisory group 
        or a waste site information office established under section 
        117.'';
            (10) in the last sentence of paragraph (15), by striking 
        ``through cooperative'' and all that follows through ``which 
        the Administrator'' and inserting the following: ``through 
        grants to, or cooperative agreements or contracts with, States 
        (or political subdivisions of States) or other appropriate 
        public authorities or private nonprofit entities, public or 
        private institutions, colleges or universities (including 
        historically black colleges and universities), or professional 
        associations that the Administrator''; and
            (11) by adding at the end the following:
            ``(19) Community health programs.--When appropriate, using 
        existing health clinics and health care delivery systems, the 
        Administrator of ATSDR shall facilitate the provision of 
        environmental health services (including testing, diagnosis, 
        counseling, and community health education) in communities 
        that--
                    ``(A) may have been, or may be, subject to exposure 
                to a hazardous substance, pollutant, or contaminant 
                from a covered facility; and
                    ``(B) have a medically underserved population (as 
                defined in section 330(b) of the Public Health Service 
                Act (42 U.S.C. 254b(b)) or lack sufficient expertise in 
                environmental health.
            ``(20) Public health education.--
                    ``(A) In general.--If the Administrator of ATSDR 
                considers it appropriate, the Administrator of ATSDR, 
                in cooperation with State, Indian tribe, and other 
                interested Federal and local officials, shall conduct 
                health education activities to make a community near a 
                covered facility aware of the steps the community may 
                take to mitigate or prevent exposure to hazardous 
                substances and the health effects of hazardous 
                substances.
                    ``(B) Environmental medical experts.--The health 
                education activities may include providing access and 
                referrals to environmental health experts.
                    ``(C) Dissemination.--In disseminating public 
                health information under this paragraph relating to a 
covered facility, the Administrator of ATSDR shall use community health 
centers, area health education centers, or other community information 
networks, including a community advisory group, a technical assistance 
grant recipient, or a waste site information office established under 
section 117.''.
    (b) Public Health Recommendations in Remedial Actions.--Section 
121(c) of the Comprehensive Environmental Response, Compensation, and 
Liability Act of 1980 (42 U.S.C. 9621(c)) is amended in the first 
sentence by inserting after ``such remedial action'' the second place 
it appears the following: ``, including public health recommendations 
and decisions resulting from activities under section 104(i),''.
    (c) Study of Multiple Sources of Risk.--
            (1) In general.--The Administrator of the Agency for Toxic 
        Substances and Disease Registry (referred to in this subsection 
        as ``ATSDR''), in consultation with the Administrator of the 
        Environmental Protection Agency, shall conduct a study relating 
        to the identification, assessment, and management of, and 
        response to, multiple sources of exposure affecting or 
        potentially affecting a community.
            (2) Components.--In conducting the study, the Administrator 
        of ATSDR may--
                    (A) examine various approaches to protect 
                communities affected or potentially affected by 
                multiple sources of exposure to hazardous substances; 
                and
                    (B) include recommendations that the President may 
                consider in developing an implementation plan to 
                address the effects or potential effects of exposure at 
                covered facilities (as defined in Section 117(a) of the 
                Comprehensive Environmental Response, Compensation, and 
                Liability Act of 1980 (42 U.S.C. 9617(a)).
                                 <all>