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 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 XXVIII—DISCRIMINATION REGARDING
EXPOSURE TO COVERED SUBSTANCES
‘‘SEC. 2801. 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 and 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) Such other contaminants, chemicals, mate-
rials, 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. 2802. PROHIBITION AGAINST DISCRIMINATION.
‘‘(a) IN GENERAL.—A covered entity under section
2801 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, or national ori-
gin, when pursuing State and local administrative
proceedings for the authorized handling, manage-
ment, treatment, release, discharge, disposal, stor-
age, transport, removal, movement, or delivery of
covered substances.
‘‘SEC. 2803. REGULATIONS.
‘‘(a) IN GENERAL.—The President shall require the
appropriate Federal officials to issue regulations to imple-
ment section 2802 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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