[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1807 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1807

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 2005

Ms. Velazquez (for herself, Mr. Gutierrez, Ms. Lee, Mr. Owens, and Mr. 
   Crowley) introduced the following bill; which was referred to the 
                    Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL


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

    This Act may be cited as the ``Community Environmental 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 XXIX--DISCRIMINATION REGARDING EXPOSURE TO COVERED SUBSTANCES

``SEC. 2901. DEFINITIONS.

    ``(a) Covered Substances.--For purposes of this title, the term 
`covered substance' means each of the following:
            ``(1) Any contaminant identified under the Safe Drinking 
        Water Act (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 paragraph (1) of 
        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 Safety and Health Act of 1970.
            ``(6) Any chemical substance or mixture regulated under the 
        Toxic Substance Control Act.
            ``(7) Any hazardous waste identified under the Solid Waste 
        Disposal Act.
            ``(8) Any pesticide registered under the Federal 
        Insecticide, Fungicide, and Rodenticide Act.
            ``(9) Any air pollutant regulated under the Clean Air Act.
            ``(10) 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.
    ``(b) Covered Entities.--For purposes of this title, the term 
`covered entity' means any entity which handles, manages, treats, 
releases, discharges, disposes, stores, transports, removes, moves, or 
delivers covered substances.

``SEC. 2902. PROHIBITION AGAINST DISCRIMINATION.

    ``(a) In General.--A covered entity under section 2901 shall not, 
on the ground of race, color, national origin, or economic status, 
disproportionately expose any person or community to any covered 
substance.
    ``(b) Compliance.--
            ``(1) Identification.--Any entity under subsection (a) 
        shall consult and work in partnership with the States and local 
        government officials and the Federal Government to comply with 
        subsection (a).
            ``(2) Addressing disproportionate exposure.--Any entity 
        under subsection (a) 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, 
        transport, remove, move, deliver or otherwise use covered 
        substances.

``SEC. 2903. REGULATIONS.

    ``(a) In General.--The President shall require the appropriate 
Federal officials to issue regulations to implement section 2902 
consistent with section 602 of the Civil Rights Act of 1964 that relate 
to compliance.
    ``(b) Enforcement.--Compliance with any requirement adopted 
pursuant to this section may be effected (1) by the termination of or 
refusal to grant authorization to any covered entity to handle, manage, 
treat, release, discharge, dispose, 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.
    ``(c) Dates Certain Regarding Regulations.--For purposes of 
regulations under this section, all proposed rules shall be issued not 
later than 180 days after the date of the enactment of the Community 
Environmental Equity Act, all final rules shall be issued not later 
than 18 months after such date, and all the final rules shall take 
effect not later than one year after such date.
    ``(d) Biennial Report.--Not later than 2 years after the date on 
which final rules are issued under this section, 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 
title.''.
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