I 
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. VELA´ZQUEZ (for herself, Mr. GUTIERREZ, Ms. LEE, Mr. OWENS, and Mr. 
CROWLEY) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce 
A BILL 
To amend the Public Health Service Act to prohibit discrimi-
nation regarding exposure to hazardous substances, and 
for other purposes. 
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 ‘‘Community Environ-
mental Equity Act’’. 
SEC. 2. DISCRIMINATION REGARDING EXPOSURE TO HAZ-
ARDOUS 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 fol-
lowing: 
‘‘(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 Toxi-
cology Program of the Department of Health and 
Human Services as a known or probable human car-
cinogen. 
‘‘(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 regu-
lated 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, ma-
terials, wastes, and substances as the President, act-
ing through the head of the appropriate agency, de-
termines 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 sub-
stances. 
‘‘SEC. 2902. PROHIBITION AGAINST DISCRIMINATION. 
‘‘(a) IN GENERAL.—A covered entity under section 
2901 shall not, on the ground of race, color, national ori-
gin, or economic status, disproportionately expose any per-
son or community to any covered substance. 
‘‘(b) COMPLIANCE.—
‘‘(1) IDENTIFICATION.—Any entity under sub-
section (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
EXPO-
SURE.—Any entity under subsection (a) shall ad-
dress the actual or potential disproportionate expo-
sure to covered substances of individuals or commu-
nities, 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, dis-
charge, 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 imple-
ment section 2902 consistent with section 602 of the Civil 
Rights Act of 1964 that relate to compliance. 
‘‘(b) ENFORCEMENT.—Compliance with any require-
ment 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, dis-
charge, 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 recipi-
ent 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 pro-
posed rules shall be issued not later than 180 days after 
the date of the enactment of the Community Environ-
mental 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 Inter-
agency Environmental Justice Working Group (estab-
lished 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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