2000 
[DOCID: f:h1585ih.txt]






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 
 provisions 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 Representatives 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 established pursuant to 
section 3 shall conduct a study of federally 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 hazardous substances on site and the 
        circumstances regarding such failure;
            (3) the extent to which federally assisted housing that has 
        a hazardous waste site located within the covered area for the 
        housing is occupied by persons who are members of racial and 
        ethnic minorities and the extent to which this proportion 
        differs from the proportion of residents of all federally 
        assisted 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 hazardous waste sites that are 
        located within the covered areas for federally assisted 
        housing; and
            (5) whether there is any history of disease, illness, or 
        other health problems among the populations residing within the 
        covered areas for hazardous 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 submit 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 subsection (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 containing the final 
        results and conclusions of the study under subsection (a).

SEC. 3. ADVISORY COMMISSION.

    (a) Establishment.--There is established an Advisory Commission on 
the Proximity of Hazardous Waste Sites to Federally Assisted Housing 
(in this section referred 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 housing;
            (4) to survey Federal, State, and local agencies, programs, 
        and activities relating to health and safety 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 regarding the 
        health and safety risks associated with the proximity of 
        hazardous waste sites to federally assisted housing which 
        should be conducted to ensure decent, safe, and sanitary 
        federally assisted housing.
    (c) Membership.--
            (1) Number and appointment.--The advisory 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 Administrator 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 advisory commission 
        shall be appointed for a term of office of 3 years, except as 
        provided in paragraphs (2) and (3).
            (2) Terms of initial appointees.--As designated at the time 
        of appointment, of the members first appointed--
                    (A) the members appointed under subparagraphs (B) 
                and (E) of subsection (c)(1) shall each be appointed 
                for a term of 1 year; and
                    (B) the members appointed under subparagraphs (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 appointed 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 commission 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 commission who are 
officers or employees of the Federal Government shall serve as members 
of the advisory commission 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 Federal Government 
shall be compensated at a rate not to exceed the daily equivalent o
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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 member of the 
advisory commission shall receive travel expenses, including per diem 
in lieu of subsistence, in accordance 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 consultants, 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 ``advisory 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 ``hazardous waste 
        site'' means any site or facility--
                    (A) listed on the National Priorities List under 
                the Comprehensive Environmental Response, Compensation, 
                and Liability Act of 1980; or
                    (B) for which the Environmental Protection Agency 
                has conducted a remedial preliminary assessment or a 
                remedial site inspection and has determined that the 
                site or facility has obtained a preliminary score 
                sufficient for possible 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.
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