I

107TH CONGRESS

1ST SESSION H. R. 1540

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 24, 2001

Ms. VELA ́ZQUEZ (for herself, Mr. PALLONE, Mr. GUTIERREZ, and Ms.

MCKINNEY) 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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Community Environ5 mental Equity Act’’.

6 SEC. 2. DISCRIMINATION REGARDING EXPOSURE TO HAZ7 ARDOUS SUBSTANCES.

8 The Public Health Service Act (42 U.S.C. 201 et

9 seq.) is amended by adding at the end the following title:
2

•HR 1540 IH

1 ‘‘TITLE XXVIII—DISCRIMINATION REGARDING

2 EXPOSURE TO COVERED SUBSTANCES

3 ‘‘SEC. 2801. DEFINITIONS.

4 ‘‘(a) COVERED SUBSTANCES.—For purposes of this

5 title, the term ‘covered substance’ means each of the fol6 lowing:

7 ‘‘(1) Any contaminant identified under the Safe

8 Drinking Water Act (title XIV of this Act).

9 ‘‘(2) Any substance described in section 201(q)

10 of the Federal Food, Drug, and Cosmetic Act, and

11 any material registered pursuant to the Act referred

12 to in paragraph (1) of such section.

13 ‘‘(3) Any chemical listed by the National Toxi14 cology Program of the Department of Health and

15 Human Services as a known or probable human car16 cinogen.

17 ‘‘(4) Any substance defined in section 101(14)

18 of the Comprehensive Environmental Response,

19 Compensation, and Liability Act of 1980 and any

20 chemical subject to section 313 of the Emergency

21 Planning and Community Right-To-Know Act of

22 1986.

23 ‘‘(5) Any material subject to the requirements

24 concerning material safety data sheets for chemicals
3

•HR 1540 IH

1 under the Occupational and Safety and Health Act

2 of 1970.

3 ‘‘(6) Any chemical substance or mixture regu4 lated under the Toxic Substance Control Act.

5 ‘‘(7) Any hazardous waste identified under the

6 Solid Waste Disposal Act.

7 ‘‘(8) Such other contaminants, chemicals, mate8 rials, wastes, and substances as the President, act9 ing through the head of the appropriate agency, de10 termines to be appropriate for purposes of this title.

11 ‘‘(b) COVERED ENTITIES.—For purposes of this title,

12 the term ‘covered entity’ means any entity which handles,

13 manages, treats, releases, discharges, disposes, stores,

14 transports, removes, moves, or delivers covered sub15 stances.

16 ‘‘SEC. 2802. PROHIBITION AGAINST DISCRIMINATION.

17 ‘‘(a) IN GENERAL.—A covered entity under section

18 2801 shall not, on the ground of race, color, national ori19 gin, or economic status, disproportionately expose any per20 son or community to any covered substance.

21 ‘‘(b) COMPLIANCE.—

22 ‘‘(1) IDENTIFICATION.—Any entity under sub23 section (a) shall consult and work in partnership

24 with the States and local government officials and
4

•HR 1540 IH

1 the Federal Government to comply with subsection

2 (a).

3 ‘‘(2) ADDRESSING DISPROPORTIONATE EXPO4 SURE.—Any entity under subsection (a) shall ad5 dress the actual or potential disproportionate expo6 sure to covered substances of individuals or commu7 nities, on the ground of race, color, or national ori8 gin, when pursuing State and local administrative

9 proceedings for the authorized handling, manage10 ment, treatment, release, discharge, disposal, stor11 age, transport, removal, movement, or delivery of

12 covered substances.

13 ‘‘SEC. 2803. REGULATIONS.

14 ‘‘(a) IN GENERAL.—The President shall require the

15 appropriate Federal officials to issue regulations to imple16 ment section 2802 consistent with section 602 of the Civil

17 Rights Act of 1964 that relate to compliance.

18 ‘‘(b) ENFORCEMENT.—Compliance with any require19 ment adopted pursuant to this section may be effected (1)

20 by the termination of or refusal to grant authorization to

21 any covered entity to handle, manage, treat, release, dis22 charge, dispose, store, transport, remove, move, or deliver

23 covered substances, or (2) by any other means authorized

24 by law. With respect to any covered entity that is a recipi25 ent of Federal financial assistance, compliance may also
5

•HR 1540 IH

1 be effectuated pursuant to section 602 of the Civil Rights

2 Act of 1964.

3 ‘‘(c) DATES CERTAIN REGARDING REGULATIONS.—

4 For purposes of regulations under this section, all pro5 posed rules shall be issued not later than 180 days after

6 the date of the enactment of the Community Environ7 mental Equity Act, all final rules shall be issued not later

8 than 18 months after such date, and all the final rules

9 shall take effect not later than one year after such date.

10 ‘‘(d) BIENNIAL REPORT.—Not later than 2 years

11 after the date on which final rules are issued under this

12 section, and every 2 years thereafter, the Federal Inter13 agency Environmental Justice Working Group (estab14 lished under Executive Order 12898 (February 11, 1994))

15 shall submit to the Congress a report on activities carried

16 out under this title.’’.

Æ