I 

108TH CONGRESS 

2D SESSION H. R. 4215

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 22, 2004

Ms. VELA ́ZQUEZ (for herself, Mr. ACEVEDO-VILA ́, Mr. GUTIERREZ, and Ms. 

LEE) 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: 
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1 ‘‘TITLE XXIX—DISCRIMINATION 

2 REGARDING EXPOSURE TO 

3 COVERED SUBSTANCES 

4 ‘‘SEC. 2901. DEFINITIONS. 

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

6 title, the term ‘covered substance’ means each of the fol7 lowing: 

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

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

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

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

12 any material registered pursuant to the Act referred 

13 to in paragraph (1) of such section. 

14 ‘‘(3) Any chemical listed by the National Toxi15 cology Program of the Department of Health and 

16 Human Services as a known or probable human car17 cinogen. 

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

19 of the Comprehensive Environmental Response, 

20 Compensation, and Liability Act of 1980 and any 

21 chemical subject to section 313 of the Emergency 

22 Planning and Community Right-To-Know Act of 

23 1986. 

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

25 concerning material safety data sheets for chemicals 
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1 under the Occupational Safety and Health Act of 

2 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. 2902. PROHIBITION AGAINST DISCRIMINATION. 

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

18 2901 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 
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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. 2903. REGULATIONS. 

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

15 appropriate Federal officials to issue regulations to imple16 ment section 2902 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 
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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.’’.

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