1.This Act may be cited as
the Healthy Communities Act of
2005
.
2.Congress finds as follows:
(1)Environmental
quality is a leading health indicator. An estimated 25 percent of preventable
illnesses worldwide can be attributed to poor environmental quality.
(2)Many diseases are
caused or exacerbated by environmental hazards, including cancer, heart
disease, asthma, birth defects, behavioral disorders, infertility, and
obesity.
(3)Of the chemicals
produced in the United States annually in quantities greater than 10,000
pounds, only 43 percent have been tested for their potential human toxicity and
only 7 percent have been studied to assess effects on development.
(4)Approximately
126,000,000 people in the United States live in areas of non-attainment for
pollutants that have health-based standards. In 1997, approximately 43 percent
of the population of the United States lived in areas designated as
non-attainment areas for established health-based standards for ozone.
(5)In the United
States, air pollution alone is estimated to be associated with 50,000 premature
deaths and an estimated $50,000,000,000 in health-related costs
annually.
(6)In children,
environmental toxins are estimated to cause up to 35 percent of asthma cases,
up to 10 percent of cancer cases, and up to 20 percent of neurobehavioral
disorders.
(7)Almost 400,000
children have elevated blood lead levels. In 2002, researchers reported that
100 percent of childhood lead poisoning resulted from environmental lead
exposure. If not detected early, lead poisoning in children is associated with
behavioral and learning problems, slowed growth, impaired hearing, and damage
to the kidneys, brain, and bone marrow.
(8)Studies have
found that the reduction of blood lead levels in children from 1976 to 1999 led
to an economic benefit of approximately $319,000,000,000.
(9)Elevated lead
levels can also harm adults by causing difficulties during pregnancy, high
blood pressure, digestive problems, nerve disorders, memory and concentration
problems, and muscle and joint pain.
(10)Minority
Americans are at greater risk of exposure to environmental toxins. Research has
shown that 3 of every 5 individuals of African-American or Latino background
live in communities with 1 or more toxic waste sites. More than 15,000,000
African-Americans, more than 8,000,000 Hispanics, and about 50 percent of Asian
and Pacific Islanders and Native Americans are living in communities with 1 or
more abandoned or uncontrolled toxic waste sites.
(11)Communities with
existing incinerators are significantly more likely to have a large percentage
of minorities. Communities where incinerators are proposed to be located have
minority populations that are 60 percent higher and property values 35 percent
lower than other communities.
3.Advisory
committee on environmental health
(a)The Secretary of Health and Human Services (referred to
in this section as the Secretary
), in collaboration with the
Administrator of the Environmental Protection Agency (referred to in this
section as the Administrator
), shall establish an independent,
5-year Advisory Committee on Environmental Health (referred to in this section
as the Committee
).
(b)
(1)The Committee shall be composed of members with academic
training and practical experience in—
(A)the areas
of—
(i)environmental
health and public health;
(ii)environmental
justice;
(iii)community-based
participatory research;
(iv)adult and child
health and development;
(v)data collection,
analysis, and reporting;
(vi)health and
health care disparities;
(vii)community
engagement and mobilization, including grassroots organizing and
community-level activism in communities with health disparity populations;
and
(viii)urban,
suburban, rural, and regional planning; and
(B)other areas
determined appropriate by the Secretary.
(2)Members
of the Committee shall serve on the Committee for the life of the
Committee.
(3)The
Secretary shall appoint members of the Committee from health disparity
populations. No candidate for appointment on the Committee shall be asked to
provide non-relevant information, such as voting record, political party
affiliation, or position on particular policies.
(4)Prohibition
against federal employeesNo member of the Committee may be a
Federal employee.
(c)Members
of the Committee shall select a chairperson from among the members of the
Committee, who shall serve a 1-year term.
(d)The
Committee shall meet not less frequently than 3 times per year.
(e)The Committee shall review environmental health data
and studies, as well as Federal environmental health research and programmatic
initiatives, in order to—
(1)assess the impact
of Federal laws, policies, programs, and practices on environmental health and
environmental justice;
(2)identify and
recommend ways to—
(A)draft new or
modify existing Federal laws needed to improve environmental health;
(B)ensure compliance
with Federal laws related to environmental health;
(C)address gaps in
environmental health research or programs at the Federal level, particularly
research or programs that address the needs of health-disparity
populations;
(D)prevent or
mitigate harm from Federal policies and federally operated or supported
programs and practices, that may adversely affect environmental health and
environmental justice;
(E)increase
coordination and integration of interagency environmental health and
environmental justice initiatives; and
(F)promote efforts
to meet Healthy People 2010 goals and objectives relating to environmental
health;
(3)assist in the
development of the Environmental Health Report Card;
(4)assist in the
development of the Health Action Zone Program, including identification of
eligible communities; and
(5)conduct other
activities at the request of the Secretary.
(f)The Committee shall include specific focus on health
disparity populations in completion of all duties of the Committee.
(g)To
the extent possible, the Committee shall seek input from new or existing
Federal committees on environmental health and environmental justice issues,
including the Federal Interagency Working Group on Environmental Justice and
the National Environmental Justice Advisory Council.
(h)
(1)The Chairperson of the Committee shall provide public
notice of the availability of draft recommendations not less than 90 days prior
to the date of finalization of such recommendations.
(2)The
Committee shall solicit and take into consideration public review and comment
on draft recommendations pursuant to this section.
(i)
(1)Detail of
government employeesAny Federal Government employee may be
detailed to the Committee without reimbursement, and such detail shall be
without interruption or loss of civil service status or privilege.
(2)Staff,
information, or other assistanceThe Secretary and the
Administrator of the Environmental Protection Agency shall provide to the
Committee such staff, information, and other assistance as may be necessary to
carry out the duties of the Committee.
(j)On
an annual basis, the Committee shall compile and submit the Committee's
findings and recommendations to the public and Congress.
(k)Not later than 1 year after the date the Committee
submits a report under subsection (j), the Secretary and the Administrator
shall propose a plan to implement relevant recommendations of the Committee
included in such report.
(l)Authorization
of appropriationsThere is authorized to be appropriated to the
Committee such sums as may be necessary to carry out the objectives of this
section.
4.Environmental
health report card
(a)The Director of the Centers for Disease Control and
Prevention (referred to in this section as the Director
), in
collaboration with the Administrator of the Environmental Protection Agency
(referred to in this section as the Administrator
), shall assess
and report the environmental health of the Nation and, to the extent possible,
for each State.
(b)Environmental
health report cardThe Director and the Administrator shall
prepare an Environmental Health Report Card (referred to in this section as a
Report Card
) for the Nation and, to the extent possible, for
each State on a biennial basis, that includes the—
(1)potential risk of
high or cumulative exposure to environmental toxicants and pollutants—
(A)taking into
consideration the prevalence and health effect;
(B)including those
measured in the National Report on Human Exposure to Environmental
Chemicals;
(C)including those
that are man-made, natural, and biogenic; and
(D)that are present
in the air, water, or soil;
(2)burden of acute
and chronic disease empirically shown to be associated with or exacerbated by
exposure to environmental toxicants or pollutants;
(3)demographic
characteristics of populations that are most affected by overexposure to
environmental toxicants or pollutants; and
(4)environmental
health resources and initiatives, including national and State health tracking
and biomonitoring activities.
(c)The
Director, in collaboration with the Administrator, shall—
(1)submit each
Report Card to Congress; and
(2)make each Report
Card readily available in print and electronically to each State and to the
public.
(d)Each
Report Card shall be able to be adapted by local agencies in order to rate or
report local environmental quality.
(e)In
developing a Report Card, the Director, in collaboration with the
Administrator, shall consult with the Advisory Committee on Environmental
Health established under section 3 and incorporate the recommendations set
forth by the Committee.
(f)Each Report Card that is prepared after the initial Report
Card shall include trend analysis for the Nation, and, to the extent possible,
for each State, in order to track progress in meeting established national
goals and objectives for improving environmental health (including Healthy
People 2010), and to inform policy and program development.
5.
(a)The
Secretary of Health and Human Services (referred to in this section as the
Secretary
), in collaboration with the Administrator of the
Environmental Protection Agency, shall establish the Health Action Zone Program
for comprehensive environmental health improvement activities.
(b)Health action
zone program
(1)The Secretary shall award not less than 10 Health Action
Zone Program grants to eligible communities each year. The duration of each
grant shall be 5 years.
(2)
(A)The
Advisory Committee on Environmental Health, established under section 3, shall
identify eligible communities under this section, pursuant to subparagraph (B),
and report such identifications to the Secretary and the public.
(B)Eligible communities under this section shall be
communities that are most at risk, or at greatest disproportionate risk, for
adverse health outcomes from environmental toxicants and pollutants, as
measured by—
(i)proximity to
sites with high levels of environmental toxicants or pollutants, or high levels
of exposure to environmental toxicants or pollutants, including those that
are—
(I)measured in the
National Report on Human Exposure to Environmental Chemicals;
(II)man-made,
natural, or biogenic; or
(III)in air, water,
or soil;
(ii)burden of
disease and health conditions that may be caused or exacerbated by
environmental toxicants or pollutants;
(iii)level of
community health and economic resources available; and
(iv)other factors
determined appropriate by the Advisory Committee on Environmental
Health.
(3)The
Secretary shall solicit applications for Health Action Zone Program grants from
communities identified by the Advisory Committee on Environmental Health
pursuant to paragraph (2).
(4)
(A)An eligible community that desires to receive a Health
Action Zone Program grant shall submit an application to the Secretary at such
time, in such manner, and accompanied by such information as the Secretary may
require, including a strategic plan described in subparagraph (B) and a
description of the community advisory board under subparagraph (C).
(B)
(i)An eligible community shall include in an application
under subparagraph (A) a strategic plan that shall—
(I)describe the
proposed activities pursuant to subsection (c);
(II)report the
extent to which local institutions and organizations and community residents
have participated in the strategic plan development;
(III)identify State,
local, and private resources that will be available;
(IV)describe the
private and public partnerships to be used, which may include partnerships with
community-based organizations and advocacy groups, institutions of higher
education, federally qualified health centers, academic medical centers,
hospitals, health plans, public health departments, elected officials, and
other public and private entities;
(V)identify Federal
funding needed to support the proposed activities; and
(VI)report the
baselines, methods, and benchmarks for measuring the success of activities
proposed in the strategic plan, including health and environmental health
outcomes and community engagement and participation.
(ii)The Secretary shall provide technical assistance, as
needed, for the development and implementation of strategic plans in—
(I)the areas
of—
- (aa)public
health;
- (bb)environmental
health;
- (cc)environmental
justice;
- (dd)community-based
participatory research;
- (ee)health tracking,
biomonitoring, and other relevant exposure technologies;
- (ff)health and
health care disparities; and
- (gg)human disease
genetics; and
(II)other areas
determined appropriate by the Secretary.
(C)
(i)In order to receive a Health Action Zone Program grant
under this section, a community shall have a community advisory board.
(ii)
(I)The majority of the members of a community advisory
board under clause (i) shall be individuals that will benefit from the
activities or services provided by the grants under this section.
(II)A
community advisory board shall include representatives from the respective
State health department and county or local health department, community-based
organizations, environmental and public health experts, health care
professionals and providers, nonprofit leaders, community organizers, and
elected officials.
(iii)A
community advisory board shall—
(I)oversee the
functions and operations of Health Action Zone Program grant activities;
(II)assist in the
evaluation of such activities; and
(III)prepare an
annual report that—
- (aa)describes the
progress towards achieving stated goals; and
- (bb)recommends
future courses of action.
(c)An eligible community that receives a grant under this
section may use the grant funding to—
(1)promote disease
prevention and health promotion, particularly for health disparity
populations;
(2)facilitate
partnerships between health care providers, public and environmental health
agencies, academic institutions, community based or advocacy organizations,
elected officials, professional societies, and other stakeholder groups;
(3)enhance the local
capacity for environmental health data collection and reporting, which may
include using information from health tracking and biomonitoring;
(4)coordinate and
integrate economic development, healthcare and social services, transportation,
education, community, and physical development plans, as well as policymaking
and other related activities at the local level to comprehensively address
environmental health concerns;
(5)mobilize
financial and other resources from the public and private sector to increase
local capacity to address environmental health issues;
(6)build upon
existing environmental and economic efforts to address contaminated sites
through the Department of Health and Human Services, the Environmental
Protection Agency, and other Federal and State programs that address public
health and the environment;
(7)identify and
assess factors relating to the historical contamination of the community, in
order to mitigate ongoing or prevent future occurrences, including
examining—
(A)the historical
use of planning mechanisms such as zoning practices;
(B)noncompliance
with environmental laws and public health codes; and
(C)abuse of
extraterritorial jurisdiction or redlining;
(8)support the
training of staff in communication and outreach to the general public,
particularly those at disproportionate risk from environmental health
hazards;
(9)assist eligible
communities in meeting Healthy People 2010 objectives relating to environmental
health; and
(10)aid eligible
communities in developing environmental management systems to improve the
processes and actions that an organization undertakes to meet its business and
environmental goals.
(d)
(1)At the discretion of the Secretary, an eligible community
may receive a 1-time planning grant to—
(A)establish or
strengthen State or local partnerships;
(B)identify Federal,
State, or local resources;
(C)research
promising health practices and models;
(D)develop a
strategic plan for community intervention;
(E)create necessary
data collection systems or linkages to facilitate baseline and follow-up data
assessment and evaluation;
(F)engage target
communities in all planning activities, including formation of a community
advisory board; and
(G)prepare a Health
Action Zone Program grant application.
(2)The
duration of each planning grant shall be 1 year.
(3)Eligible
communities not receiving planning grantsAn eligible community
that does not receive a planning grant under this subsection shall still be
eligible to receive a Health Action Zone Program grant under this
section.
(e)
(1)The Secretary, directly or through contract, shall
conduct an evaluation of the Health Action Zone Program in order to determine
success in achieving the purpose of such program.
(2)Findings
from the evaluation under paragraph (1) shall be reported to Congress and the
public annually.
(f)Grant funds received under this section shall be used to
supplement, and not supplant, funding that would otherwise be used for
activities described under this section.
(g)In
awarding grants under this section, the Secretary—
(1)shall give
priority to communities that do not have sites already listed on the National
Priorities List for which remediation activities are actively ongoing, as
determined by the Environmental Protection Agency; and
(2)may give priority
to empowerment zones and enterprise communities designated pursuant to section
1391 of the Internal Revenue Code of 1986.
(h)Authorization
of appropriationsThere are authorized to be appropriated to
carry out this section $50,000,000 for fiscal year 2006 and $50,000,000 for
each of the fiscal years 2007 through 2010.
6.Environmental
health research
(a)The Secretary of Health and Human Services (referred to
in this section as the Secretary
), in collaboration with the
Administrator of the Environmental Protection Agency, the Director of the
Centers for Disease Control and Prevention, and the Director of the National
Institutes of Health, shall expand and intensify environmental health
research.
(b)The Secretary shall expand research on the
following:
(1)The health
effects of environmental toxins, which shall include expansion and
intensification of biomonitoring, in order to—
(A)monitor the
presence and concentration of designated chemicals;
(B)measure toxic
chemical exposure levels by testing blood, tissue, saliva, exhaled breath, and
urine samples from nationwide volunteers;
(C)identify the role
of genetic and nongenetic susceptibility factors such as underlying disease
rates, social demographics, psychosocial factors, community access to
nutritional food and opportunities for recreational exercise, and other factors
in modifying health outcomes from environmental pollutants; and
(D)determine the
availability of and compliance with ethical guidelines when collecting samples
and conducting research.
(2)The contribution
of differential exposure to environmental toxicants and pollutants to racial,
ethnic, age, gender, and socioeconomic position disparities in health.
(3)The methods to
assess the cumulative risk of exposure or cumulative exposure to multiple
pollutants from a variety of sources over time.
(4)The methods and
tools to assess overall environmental community health, including—
(A)the presence,
level, and type of environmental contaminants;
(B)the burden of
disease and other health conditions;
(C)predisposing
factors such as race, ethnicity, socioeconomic position, access to healthcare,
geography, and cultural practices;
(D)available local
health care resources; and
(E)other factors
determined appropriate by the Secretary.
(c)State
biomonitoring capacity
(1)The Secretary, acting through the Director of the Centers
for Disease Control and Prevention (referred to in this subsection as the
Director
), shall provide grants to States to enable the States
to develop or expand the capacity of such States to conduct biomonitoring in
order to, with respect to environmental toxicants and pollutants—
(A)detect and
monitor exposure;
(B)assess or predict
population and individual health risk as a result of exposure;
(C)develop and
implement interventions to reduce exposure;
(D)evaluate the
effectiveness of interventions to reduce exposure;
(E)monitor trends in
exposure over time; and
(F)conduct other
biomonitoring-related activities, as determined appropriate by the
Director.
(2)Each
State that receives a grant under this subsection shall report to the Director
and to the public, information on the biomonitoring findings and activities
pursuant to paragraph (1).
(3)The
Director shall ensure, to the extent possible, that each State that receives a
grant under this subsection demonstrates the—
(A)coordination and
integration of biomonitoring activities throughout the State; and
(B)interoperability
of data collection and reporting systems with neighboring States for the
formation of regional networks.
(4)The Secretary, acting through the Director, shall
directly or through grants or contracts, or both, provide technical assistance
to States in the establishment and operation of the State biomonitoring system,
including providing—
(A)training for
environmental health personnel and for other appropriate personnel to develop
environmental health leadership capacity at the State and local level,
including investigative, diagnostic, analytical, risk communication, and
response and prevention capabilities;
(B)assistance in
improving relevant regional and State laboratory capacity and other activities
to complement State and local investigative capabilities;
(C)assistance in
establishing a computerized data collection, reporting, and processing system;
and
(D)any other
technical assistance the Secretary or Director determines to be
necessary.
(5)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this subsection $50,000,000 for fiscal year 2006 and such sums as may be
necessary for the 4 succeeding fiscal years.
(d)The
Secretary shall promote translation and dissemination of findings to—
(1)inform the
public; and
(2)facilitate use by
States and communities to address environmental health concerns.
(e)The Secretary shall incorporate the data collected
pursuant to this section with existing data collection efforts, including the
following surveys and registries as appropriate:
(1)The National
Electronic Disease Surveillance System.
(2)State birth
defects surveillance systems.
(3)Surveillance
Epidemiology and End Results and State cancer registries.
(4)State asthma
surveillance systems.
(5)The National
Health and Nutrition Examination Survey.
(6)The Behavioral
Risk Factor Surveillance System.
(7)The Substance
Release/Health Effects Database.
(8)State blood lead
surveillance systems.
(9)The Hazardous
Substances Emergency Events Surveillance System.
(10)The Health Alert
Network.
(11)The National
Hospital Discharge Survey.
(12)The National
Ambulatory Medical Care Survey.
(13)The National
Health Interview Survey.
(14)The
Environmental Public Health Tracking Network.
(15)The National
Report on Human Exposure to Environmental Chemicals.
(16)Other data and
surveillance systems, registries, and surveys as considered appropriate by the
Secretary and the Administrator of the Environmental Protection Agency.
7.Environmental
health workforce development
(a)The Director of the
Centers for Disease Control and Prevention, in collaboration with the Director
of the National Institutes of Health and national and professional
organizations, shall expand training and educational activities relating to
environmental health and environmental justice for health professionals and
public health practitioners, including those from health disparity
populations.
(b)Authorization
of appropriationsThere is authorized to be appropriated to carry
out this section such sums as may be necessary.
8.In this Act:
(1)The term
environmental health, as defined by the World Health Organization,
includes both the direct pathological effects of chemicals, radiation, and some
biological agents, and the effects (often indirect) on health and well-being of
the broad physical, psychological, social, and aesthetic environment.
(2)The term environmental justice, as defined
by the Environmental Protection Agency, includes the fair treatment and
meaningful involvement of all people regardless of race, color, national
origin, or income with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies.
(3)Health
disparity populationThe term health disparity
population means a health disparity population as described in section
485E(d) of the Public Health Service Act (42 U.S.C. 287c–31(d)).
(4)The
term State means each of the 50 States, the District of Columbia,
the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam,
American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic
of the Marshall Islands, the Federated States of Micronesia, the Republic of
Palau, and any Indian country (as defined in section 1151 of title 18, United
States Code).