I
107TH CONGRESS
1ST SESSION
H. R. 1585
To provide for a study regarding the proximity of federally assisted housing
to hazardous waste sites.
IN THE HOUSE OF REPRESENTATIVES
APRIL 25, 2001
Ms. EDDIE BERNICE JOHNSON of Texas introduced the following bill; which
was referred to the Committee on Financial Services, and in addition to
the Committee on Energy and Commerce, for a period to be subsequently
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned
A BILL
To provide for a study regarding the proximity of federally
assisted housing to hazardous waste sites.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Environmental Justice
in Federally Assisted Housing Act’’.
SEC. 2. STUDY OF PROXIMITY OF FEDERALLY ASSISTED
HOUSING TO HAZARDOUS WASTE SITES.
(a) IN GENERAL.—The advisory commission estab-
lished pursuant to section 3 shall conduct a study of feder-
ally assisted housing to determine—
(1) which such housing has a hazardous waste
site located within the covered area (as such term is
defined in section 4) for the housing;
(2) which such housing has located within the
covered area for the housing any hazardous waste
site having any history of failure to contain the haz-
ardous substances on site and the circumstances re-
garding such failure;
(3) the extent to which federally assisted hous-
ing that has a hazardous waste site located within
the covered area for the housing is occupied by per-
sons who are members of racial and ethnic minori-
ties and the extent to which this proportion differs
from the proportion of residents of all federally as-
sisted housing that are members of racial and ethnic
minorities;
(4) what types of hazardous substances and
health risks are or could be associated with the haz-
ardous waste sites that are located within the cov-
ered areas for federally assisted housing; and
(5) whether there is any history of disease, ill-
ness, or other health problems among the popu-
lations residing within the covered areas for haz-
ardous waste sites (including residents of federally
assisted housing) that have been determined to be
associated, or could be associated, with such sites.
(b) REPORTS.—The advisory commission shall sub-
mit to the Secretary of Housing and Urban Development
and the Congress the following reports:
(1) INTERIM.—Not later than 1 year after the
date of the enactment of this Act, an interim report
describing the method by which the study under sub-
section (a) is being conducted and setting forth the
results of the study available at such time.
(2) FINAL.—Not later than 2 years after the
date of the enactment of this Act, a final report con-
taining the final results and conclusions of the study
under subsection (a).
SEC. 3. ADVISORY COMMISSION.
(a) ESTABLISHMENT.—There is established an Advi-
sory Commission on the Proximity of Hazardous Waste
Sites to Federally Assisted Housing (in this section re-
ferred to as the ‘‘advisory commission’’).
(b) DUTIES.—The duties of the advisory commission
shall be—
(1) to conduct the study and issue the reports
required under section 2;
(2) to advise the Secretary on issues relating to
the proximity of hazardous waste sites to federally
assisted housing and respond to any requests from
the Secretary regarding such issues;
(3) to make recommendations regarding the
programs for federally assisted housing to address
health and safety issues arising from the proximity
of hazardous waste sites to federally assisted hous-
ing;
(4) to survey Federal, State, and local agencies,
programs, and activities relating to health and safe-
ty risks arising from hazardous waste sites, and to
advise the Secretary on means to obtain, compile,
publish, and use credible data related to the location,
frequency, and severity of such risks; and
(5) to recommend to the Secretary research re-
garding the health and safety risks associated with
the proximity of hazardous waste sites to federally
assisted housing which should be conducted to en-
sure decent, safe, and sanitary federally assisted
housing.
(c) MEMBERSHIP.—
(1) NUMBER
AND
APPOINTMENT.—The advi-
sory commission shall be composed of 7 members,
appointed not later than 180 days after the date of
the enactment of this Act, as follows:
(A) 1 member appointed by the President.
(B) 1 member appointed by the Speaker of
the House of Representatives.
(C) 1 member appointed by the Minority
Leader of the House of Representatives.
(D) 1 member appointed by the Majority
Leader of the Senate.
(E) 1 member appointed by the Minority
Leader of the Senate.
(F) 1 member appointed by the Secretary.
(G) 1 member appointed by the Adminis-
trator of the Environmental Protection Agency.
(2) QUALIFICATIONS.—Appointees shall have
proven expertise in the field of environmental law,
public housing, or public health.
(d) TERM OF OFFICE.—
(1) IN GENERAL.—Each member of the advi-
sory commission shall be appointed for a term of of-
fice of 3 years, except as provided in paragraphs (2)
and (3).
(2) TERMS OF INITIAL APPOINTEES.—As des-
ignated at the time of appointment, of the members
first appointed—
(A) the members appointed under subpara-
graphs (B) and (E) of subsection (c)(1) shall
each be appointed for a term of 1 year; and
(B) the members appointed under subpara-
graphs (A), (C), and (D) of subsection (c)(1)
shall each be appointed for terms of 2 years.
(3) VACANCIES.—Any member appointed to fill
a vacancy occurring before the expiration of the
term for which the member’s predecessor was ap-
pointed shall be appointed only for the remainder of
that term. A member may serve after the expiration
of that member’s term until a successor has taken
office. A vacancy in the Commission shall be filled
in the manner in which the original appointment was
made.
(e) CHAIRPERSON.—The members of the advisory
commission shall select a chairperson from among the
members.
(f) MEETINGS.—The Commission shall first meet
within 60 days after all members of the advisory commis-
sion are appointed, and thereafter shall meet not less often
than 3 times per year and at the call of the chairperson.
A majority of the members of the advisory commission
shall constitute a quorum but a lesser number may hold
hearings.
(g) COMPENSATION.—Members of the advisory com-
mission who are officers or employees of the Federal Gov-
ernment shall serve as members of the advisory commis-
sion without compensation in addition to that received in
their regular public employment. Members of the advisory
commission who are not officers or employees of the Fed-
eral Government shall be compensated at a rate not to
exceed the daily equivalent of the rate in effect for grade
GS–18 of the General Schedule for each day (including
traveltime) they are engaged in the performance of their
duties as members of the advisory commission. Each mem-
ber of the advisory commission shall receive travel ex-
penses, including per diem in lieu of subsistence, in ac-
cordance with sections 5702 and 5703 of title 5, United
States Code.
(h) STAFF.—The Secretary shall provide the advisory
commission with such meeting space, professional and
clerical staff, such information, the services of such con-
sultants, and such other resources as may be necessary
to assist the advisory commission in effectively carrying
out its duties under this section.
(i) TERMINATION.—The advisory commission shall
terminate at the end of December 31, 2008.
SEC. 4. DEFINITIONS.
For purposes of this Act, the following definitions
shall apply:
(1) ADVISORY COMMISSION.—The term ‘‘advi-
sory commission’’ means the advisory commission
established pursuant to section 3.
(2) COVERED AREA.—The term ‘‘covered area’’
means, with respect to a federally assisted housing
project or a hazardous waste site, as applicable, the
square-shaped area that is 2 miles on each side, is
aligned on a north-south axis, and has the federally
assisted housing project or hazardous waste site, as
applicable, as its geographical center.
(3) 
FEDERALLY
ASSISTED
HOUSING.—The
term ‘‘federally assisted housing’’ has the meaning
given such term in section 683 of the Housing and
Community Development Act of 1992 (42 U.S.C.
13641).
(4) HAZARDOUS WASTE SITE.—The term ‘‘haz-
ardous waste site’’ means any site or facility—
(A) listed on the National Priorities List
under the Comprehensive Environmental Re-
sponse, Compensation, and Liability Act of
1980; or
(B) for which the Environmental Protec-
tion Agency has conducted a remedial prelimi-
nary assessment or a remedial site inspection
and has determined that the site or facility has
obtained a preliminary score sufficient for pos-
sible listing on such National Priorities List.
Such term includes sites and facilities that meet the
criteria under subparagraphs (A) and (B) after the
date of the enactment of this Act.
(5) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary of Housing and Urban Development.
Æ