Healthy Communities Act of 2005 - Requires the Secretary of Health and Human Services to establish the Advisory Committee on Environmental Health to review environmental health data and studies to: (1) assess the impact of federal laws, policies, and practices on environmental health and justice; and (2) identify and recommend ways to change or ensure compliance with federal laws, address gaps in federal environmental health research, and prevent or mitigate harm from federal policies, programs, and practices that may adversely affect environmental health or justice.
Requires the Director of the Centers for Disease Control and Prevention (CDC) and the Administrator of the Environmental Protection Agency (EPA) to prepare a biennial Environmental Health Report Card for the nation and for each state.
Requires the Secretary to: (1) establish the Health Action Zone Program to award grants to at-risk communities for comprehensive environmental health improvement activities; and (2) expand and intensify environmental health research.
Requires the Secretary, acting through the Director, to provide grants and technical assistance to enable states to develop or expand activities related to biomonitoring of exposure to environmental toxicants and pollutants. Requires the Secretary to: (1) promote translation and dissemination of findings; and (2) incorporate the data collected under this Act with existing data collection efforts.
Requires the Director to expand training and educational activities relating to environmental health and justice for health professionals and public health practitioners.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 2047 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 2047
To promote healthy communities.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 17, 2005
Mr. Obama (for himself and Mrs. Clinton) introduced the following bill;
which was read twice and referred to the Committee on Health,
Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To promote healthy communities.
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 ``Healthy Communities Act of 2005''.
SEC. 2. FINDINGS.
Congress finds as follows:
(1) Environmental quality is a leading health indicator. An
estimated 25 percent of preventable illnesses worldwide can be
attributed to poor environmental quality.
(2) Many diseases are caused or exacerbated by
environmental hazards, including cancer, heart disease, asthma,
birth defects, behavioral disorders, infertility, and obesity.
(3) Of the chemicals produced in the United States annually
in quantities greater than 10,000 pounds, only 43 percent have
been tested for their potential human toxicity and only 7
percent have been studied to assess effects on development.
(4) Approximately 126,000,000 people in the United States
live in areas of non-attainment for pollutants that have
health-based standards. In 1997, approximately 43 percent of
the population of the United States lived in areas designated
as non-attainment areas for established health-based standards
for ozone.
(5) In the United States, air pollution alone is estimated
to be associated with 50,000 premature deaths and an estimated
$50,000,000,000 in health-related costs annually.
(6) In children, environmental toxins are estimated to
cause up to 35 percent of asthma cases, up to 10 percent of
cancer cases, and up to 20 percent of neurobehavioral
disorders.
(7) Almost 400,000 children have elevated blood lead
levels. In 2002, researchers reported that 100 percent of
childhood lead poisoning resulted from environmental lead
exposure. If not detected early, lead poisoning in children is
associated with behavioral and learning problems, slowed
growth, impaired hearing, and damage to the kidneys, brain, and
bone marrow.
(8) Studies have found that the reduction of blood lead
levels in children from 1976 to 1999 led to an economic benefit
of approximately $319,000,000,000.
(9) Elevated lead levels can also harm adults by causing
difficulties during pregnancy, high blood pressure, digestive
problems, nerve disorders, memory and concentration problems,
and muscle and joint pain.
(10) Minority Americans are at greater risk of exposure to
environmental toxins. Research has shown that 3 of every 5
individuals of African-American or Latino background live in
communities with 1 or more toxic waste sites. More than
15,000,000 African-Americans, more than 8,000,000 Hispanics,
and about 50 percent of Asian and Pacific Islanders and Native
Americans are living in communities with 1 or more abandoned or
uncontrolled toxic waste sites.
(11) Communities with existing incinerators are
significantly more likely to have a large percentage of
minorities. Communities where incinerators are proposed to be
located have minority populations that are 60 percent higher
and property values 35 percent lower than other communities.
SEC. 3. ADVISORY COMMITTEE ON ENVIRONMENTAL HEALTH.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in collaboration
with the Administrator of the Environmental Protection Agency (referred
to in this section as the ``Administrator''), shall establish an
independent, 5-year Advisory Committee on Environmental Health
(referred to in this section as the ``Committee'').
(b) Membership.--
(1) In general.--The Committee shall be composed of members
with academic training and practical experience in--
(A) the areas of--
(i) environmental health and public health;
(ii) environmental justice;
(iii) community-based participatory
research;
(iv) adult and child health and
development;
(v) data collection, analysis, and
reporting;
(vi) health and health care disparities;
(vii) community engagement and
mobilization, including grassroots organizing
and community-level activism in communities
with health disparity populations; and
(viii) urban, suburban, rural, and regional
planning; and
(B) other areas determined appropriate by the
Secretary.
(2) Term.--Members of the Committee shall serve on the
Committee for the life of the Committee.
(3) Selection.--The Secretary shall appoint members of the
Committee from health disparity populations. No candidate for
appointment on the Committee shall be asked to provide non-
relevant information, such as voting record, political party
affiliation, or position on particular policies.
(4) Prohibition against federal employees.--No member of
the Committee may be a Federal employee.
(c) Chairperson.--Members of the Committee shall select a
chairperson from among the members of the Committee, who shall serve a
1-year term.
(d) Meetings.--The Committee shall meet not less frequently than 3
times per year.
(e) Duties of the Committee.--The Committee shall review
environmental health data and studies, as well as Federal environmental
health research and programmatic initiatives, in order to--
(1) assess the impact of Federal laws, policies, programs,
and practices on environmental health and environmental
justice;
(2) identify and recommend ways to--
(A) draft new or modify existing Federal laws
needed to improve environmental health;
(B) ensure compliance with Federal laws related to
environmental health;
(C) address gaps in environmental health research
or programs at the Federal level, particularly research
or programs that address the needs of health-disparity
populations;
(D) prevent or mitigate harm from Federal policies
and federally operated or supported programs and
practices, that may adversely affect environmental
health and environmental justice;
(E) increase coordination and integration of
interagency environmental health and environmental
justice initiatives; and
(F) promote efforts to meet Healthy People 2010
goals and objectives relating to environmental health;
(3) assist in the development of the Environmental Health
Report Card;
(4) assist in the development of the Health Action Zone
Program, including identification of eligible communities; and
(5) conduct other activities at the request of the
Secretary.
(f) Vulnerable Populations.--The Committee shall include specific
focus on health disparity populations in completion of all duties of
the Committee.
(g) Collaboration.--To the extent possible, the Committee shall
seek input from new or existing Federal committees on environmental
health and environmental justice issues, including the Federal
Interagency Working Group on Environmental Justice and the National
Environmental Justice Advisory Council.
(h) Public Input.--
(1) Public notice.--The Chairperson of the Committee shall
provide public notice of the availability of draft
recommendations not less than 90 days prior to the date of
finalization of such recommendations.
(2) Consideration.--The Committee shall solicit and take
into consideration public review and comment on draft
recommendations pursuant to this section.
(i) Personnel.--
(1) Detail of government employees.--Any Federal Government
employee may be detailed to the Committee without
reimbursement, and such detail shall be without interruption or
loss of civil service status or privilege.
(2) Staff, information, or other assistance.--The Secretary
and the Administrator of the Environmental Protection Agency
shall provide to the Committee such staff, information, and
other assistance as may be necessary to carry out the duties of
the Committee.
(j) Reports.--On an annual basis, the Committee shall compile and
submit the Committee's findings and recommendations to the public and
Congress.
(k) Federal Response.--Not later than 1 year after the date the
Committee submits a report under subsection (j), the Secretary and the
Administrator shall propose a plan to implement relevant
recommendations of the Committee included in such report.
(l) Authorization of Appropriations.--There is authorized to be
appropriated to the Committee such sums as may be necessary to carry
out the objectives of this section.
SEC. 4. ENVIRONMENTAL HEALTH REPORT CARD.
(a) In General.--The Director of the Centers for Disease Control
and Prevention (referred to in this section as the ``Director''), in
collaboration with the Administrator of the Environmental Protection
Agency (referred to in this section as the ``Administrator''), shall
assess and report the environmental health of the Nation and, to the
extent possible, for each State.
(b) Environmental Health Report Card.--The Director and the
Administrator shall prepare an Environmental Health Report Card
(referred to in this section as a ``Report Card'') for the Nation and,
to the extent possible, for each State on a biennial basis, that
includes the--
(1) potential risk of high or cumulative exposure to
environmental toxicants and pollutants--
(A) taking into consideration the prevalence and
health effect;
(B) including those measured in the National Report
on Human Exposure to Environmental Chemicals;
(C) including those that are man-made, natural, and
biogenic; and
(D) that are present in the air, water, or soil;
(2) burden of acute and chronic disease empirically shown
to be associated with or exacerbated by exposure to
environmental toxicants or pollutants;
(3) demographic characteristics of populations that are
most affected by overexposure to environmental toxicants or
pollutants; and
(4) environmental health resources and initiatives,
including national and State health tracking and biomonitoring
activities.
(c) Report.--The Director, in collaboration with the Administrator,
shall--
(1) submit each Report Card to Congress; and
(2) make each Report Card readily available in print and
electronically to each State and to the public.
(d) Adaptable.--Each Report Card shall be able to be adapted by
local agencies in order to rate or report local environmental quality.
(e) Consultation.--In developing a Report Card, the Director, in
collaboration with the Administrator, shall consult with the Advisory
Committee on Environmental Health established under section 3 and
incorporate the recommendations set forth by the Committee.
(f) Updated Report.--Each Report Card that is prepared after the
initial Report Card shall include trend analysis for the Nation, and,
to the extent possible, for each State, in order to track progress in
meeting established national goals and objectives for improving
environmental health (including Healthy People 2010), and to inform
policy and program development.
SEC. 5. HEALTH ACTION ZONES.
(a) Purpose.--The Secretary of Health and Human Services (referred
to in this section as the ``Secretary''), in collaboration with the
Administrator of the Environmental Protection Agency, shall establish
the Health Action Zone Program for comprehensive environmental health
improvement activities.
(b) Health Action Zone Program.--
(1) In general.--The Secretary shall award not less than 10
Health Action Zone Program grants to eligible communities each
year. The duration of each grant shall be 5 years.
(2) Eligible communities.--
(A) Identification.--The Advisory Committee on
Environmental Health, established under section 3,
shall identify eligible communities under this section,
pursuant to subparagraph (B), and report such
identifications to the Secretary and the public.
(B) Types of communities.--Eligible communities
under this section shall be communities that are most
at risk, or at greatest disproportionate risk, for
adverse health outcomes from environmental toxicants
and pollutants, as measured by--
(i) proximity to sites with high levels of
environmental toxicants or pollutants, or high
levels of exposure to environmental toxicants
or pollutants, including those that are--
(I) measured in the National Report
on Human Exposure to Environmental
Chemicals;
(II) man-made, natural, or
biogenic; or
(III) in air, water, or soil;
(ii) burden of disease and health
conditions that may be caused or exacerbated by
environmental toxicants or pollutants;
(iii) level of community health and
economic resources available; and
(iv) other factors determined appropriate
by the Advisory Committee on Environmental
Health.
(3) Notification.--The Secretary shall solicit applications
for Health Action Zone Program grants from communities
identified by the Advisory Committee on Environmental Health
pursuant to paragraph (2).
(4) Applications.--
(A) In general.--An eligible community that desires
to receive a Health Action Zone Program grant shall
submit an application to the Secretary at such time, in
such manner, and accompanied by such information as the
Secretary may require, including a strategic plan
described in subparagraph (B) and a description of the
community advisory board under subparagraph (C).
(B) Strategic plan.--
(i) In general.--An eligible community
shall include in an application under
subparagraph (A) a strategic plan that shall--
(I) describe the proposed
activities pursuant to subsection (c);
(II) report the extent to which
local institutions and organizations
and community residents have
participated in the strategic plan
development;
(III) identify State, local, and
private resources that will be
available;
(IV) describe the private and
public partnerships to be used, which
may include partnerships with
community-based organizations and
advocacy groups, institutions of higher
education, federally qualified health
centers, academic medical centers,
hospitals, health plans, public health
departments, elected officials, and
other public and private entities;
(V) identify Federal funding needed
to support the proposed activities; and
(VI) report the baselines, methods,
and benchmarks for measuring the
success of activities proposed in the
strategic plan, including health and
environmental health outcomes and
community engagement and participation.
(ii) Technical assistance.--The Secretary
shall provide technical assistance, as needed,
for the development and implementation of
strategic plans in--
(I) the areas of--
(aa) public health;
(bb) environmental health;
(cc) environmental justice;
(dd) community-based
participatory research;
(ee) health tracking,
biomonitoring, and other
relevant exposure technologies;
(ff) health and health care
disparities; and
(gg) human disease
genetics; and
(II) other areas determined
appropriate by the Secretary.
(C) Community advisory board.--
(i) In general.--In order to receive a
Health Action Zone Program grant under this
section, a community shall have a community
advisory board.
(ii) Members.--
(I) From community.--The majority
of the members of a community advisory
board under clause (i) shall be
individuals that will benefit from the
activities or services provided by the
grants under this section.
(II) Representatives.--A community
advisory board shall include
representatives from the respective
State health department and county or
local health department, community-
based organizations, environmental and
public health experts, health care
professionals and providers, nonprofit
leaders, community organizers, and
elected officials.
(iii) Duties.--A community advisory board
shall--
(I) oversee the functions and
operations of Health Action Zone
Program grant activities;
(II) assist in the evaluation of
such activities; and
(III) prepare an annual report
that--
(aa) describes the progress
towards achieving stated goals;
and
(bb) recommends future
courses of action.
(c) Use of Funds.--An eligible community that receives a grant
under this section may use the grant funding to--
(1) promote disease prevention and health promotion,
particularly for health disparity populations;
(2) facilitate partnerships between health care providers,
public and environmental health agencies, academic
institutions, community based or advocacy organizations,
elected officials, professional societies, and other
stakeholder groups;
(3) enhance the local capacity for environmental health
data collection and reporting, which may include using
information from health tracking and biomonitoring;
(4) coordinate and integrate economic development,
healthcare and social services, transportation, education,
community, and physical development plans, as well as
policymaking and other related activities at the local level to
comprehensively address environmental health concerns;
(5) mobilize financial and other resources from the public
and private sector to increase local capacity to address
environmental health issues;
(6) build upon existing environmental and economic efforts
to address contaminated sites through the Department of Health
and Human Services, the Environmental Protection Agency, and
other Federal and State programs that address public health and
the environment;
(7) identify and assess factors relating to the historical
contamination of the community, in order to mitigate ongoing or
prevent future occurrences, including examining--
(A) the historical use of planning mechanisms such
as zoning practices;
(B) noncompliance with environmental laws and
public health codes; and
(C) abuse of extraterritorial jurisdiction or
redlining;
(8) support the training of staff in communication and
outreach to the general public, particularly those at
disproportionate risk from environmental health hazards;
(9) assist eligible communities in meeting Healthy People
2010 objectives relating to environmental health; and
(10) aid eligible communities in developing environmental
management systems to improve the processes and actions that an
organization undertakes to meet its business and environmental
goals.
(d) Planning Grant.--
(1) In general.--At the discretion of the Secretary, an
eligible community may receive a 1-time planning grant to--
(A) establish or strengthen State or local
partnerships;
(B) identify Federal, State, or local resources;
(C) research promising health practices and models;
(D) develop a strategic plan for community
intervention;
(E) create necessary data collection systems or
linkages to facilitate baseline and follow-up data
assessment and evaluation;
(F) engage target communities in all planning
activities, including formation of a community advisory
board; and
(G) prepare a Health Action Zone Program grant
application.
(2) Duration.--The duration of each planning grant shall be
1 year.
(3) Eligible communities not receiving planning grants.--An
eligible community that does not receive a planning grant under
this subsection shall still be eligible to receive a Health
Action Zone Program grant under this section.
(e) Evaluation.--
(1) In general.--The Secretary, directly or through
contract, shall conduct an evaluation of the Health Action Zone
Program in order to determine success in achieving the purpose
of such program.
(2) Reports.--Findings from the evaluation under paragraph
(1) shall be reported to Congress and the public annually.
(f) Supplement, Not Supplant.--Grant funds received under this
section shall be used to supplement, and not supplant, funding that
would otherwise be used for activities described under this section.
(g) Priority.--In awarding grants under this section, the
Secretary--
(1) shall give priority to communities that do not have
sites already listed on the National Priorities List for which
remediation activities are actively ongoing, as determined by
the Environmental Protection Agency; and
(2) may give priority to empowerment zones and enterprise
communities designated pursuant to section 1391 of the Internal
Revenue Code of 1986.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $50,000,000 for fiscal year 2006
and $50,000,000 for each of the fiscal years 2007 through 2010.
SEC. 6. ENVIRONMENTAL HEALTH RESEARCH.
(a) In General.--The Secretary of Health and Human Services
(referred to in this section as the ``Secretary''), in collaboration
with the Administrator of the Environmental Protection Agency, the
Director of the Centers for Disease Control and Prevention, and the
Director of the National Institutes of Health, shall expand and
intensify environmental health research.
(b) Areas of Focus.--The Secretary shall expand research on the
following:
(1) The health effects of environmental toxins, which shall
include expansion and intensification of biomonitoring, in
order to--
(A) monitor the presence and concentration of
designated chemicals;
(B) measure toxic chemical exposure levels by
testing blood, tissue, saliva, exhaled breath, and
urine samples from nationwide volunteers;
(C) identify the role of genetic and nongenetic
susceptibility factors such as underlying disease
rates, social demographics, psychosocial factors,
community access to nutritional food and opportunities
for recreational exercise, and other factors in
modifying health outcomes from environmental
pollutants; and
(D) determine the availability of and compliance
with ethical guidelines when collecting samples and
conducting research.
(2) The contribution of differential exposure to
environmental toxicants and pollutants to racial, ethnic, age,
gender, and socioeconomic position disparities in health.
(3) The methods to assess the cumulative risk of exposure
or cumulative exposure to multiple pollutants from a variety of
sources over time.
(4) The methods and tools to assess overall environmental
community health, including--
(A) the presence, level, and type of environmental
contaminants;
(B) the burden of disease and other health
conditions;
(C) predisposing factors such as race, ethnicity,
socioeconomic position, access to healthcare,
geography, and cultural practices;
(D) available local health care resources; and
(E) other factors determined appropriate by the
Secretary.
(c) State Biomonitoring Capacity.--
(1) In general.--The Secretary, acting through the Director
of the Centers for Disease Control and Prevention (referred to
in this subsection as the ``Director''), shall provide grants
to States to enable the States to develop or expand the
capacity of such States to conduct biomonitoring in order to,
with respect to environmental toxicants and pollutants--
(A) detect and monitor exposure;
(B) assess or predict population and individual
health risk as a result of exposure;
(C) develop and implement interventions to reduce
exposure;
(D) evaluate the effectiveness of interventions to
reduce exposure;
(E) monitor trends in exposure over time; and
(F) conduct other biomonitoring-related activities,
as determined appropriate by the Director.
(2) Report.--Each State that receives a grant under this
subsection shall report to the Director and to the public,
information on the biomonitoring findings and activities
pursuant to paragraph (1).
(3) Coordination.--The Director shall ensure, to the extent
possible, that each State that receives a grant under this
subsection demonstrates the--
(A) coordination and integration of biomonitoring
activities throughout the State; and
(B) interoperability of data collection and
reporting systems with neighboring States for the
formation of regional networks.
(4) Technical assistance.--The Secretary, acting through
the Director, shall directly or through grants or contracts, or
both, provide technical assistance to States in the
establishment and operation of the State biomonitoring system,
including providing--
(A) training for environmental health personnel and
for other appropriate personnel to develop
environmental health leadership capacity at the State
and local level, including investigative, diagnostic,
analytical, risk communication, and response and
prevention capabilities;
(B) assistance in improving relevant regional and
State laboratory capacity and other activities to
complement State and local investigative capabilities;
(C) assistance in establishing a computerized data
collection, reporting, and processing system; and
(D) any other technical assistance the Secretary or
Director determines to be necessary.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $50,000,000 for
fiscal year 2006 and such sums as may be necessary for the 4
succeeding fiscal years.
(d) Translation.--The Secretary shall promote translation and
dissemination of findings to--
(1) inform the public; and
(2) facilitate use by States and communities to address
environmental health concerns.
(e) Integration of Efforts.--The Secretary shall incorporate the
data collected pursuant to this section with existing data collection
efforts, including the following surveys and registries as appropriate:
(1) The National Electronic Disease Surveillance System.
(2) State birth defects surveillance systems.
(3) Surveillance Epidemiology and End Results and State
cancer registries.
(4) State asthma surveillance systems.
(5) The National Health and Nutrition Examination Survey.
(6) The Behavioral Risk Factor Surveillance System.
(7) The Substance Release/Health Effects Database.
(8) State blood lead surveillance systems.
(9) The Hazardous Substances Emergency Events Surveillance
System.
(10) The Health Alert Network.
(11) The National Hospital Discharge Survey.
(12) The National Ambulatory Medical Care Survey.
(13) The National Health Interview Survey.
(14) The Environmental Public Health Tracking Network.
(15) The National Report on Human Exposure to Environmental
Chemicals.
(16) Other data and surveillance systems, registries, and
surveys as considered appropriate by the Secretary and the
Administrator of the Environmental Protection Agency.
SEC. 7. ENVIRONMENTAL HEALTH WORKFORCE DEVELOPMENT.
(a) In General.--The Director of the Centers for Disease Control
and Prevention, in collaboration with the Director of the National
Institutes of Health and national and professional organizations, shall
expand training and educational activities relating to environmental
health and environmental justice for health professionals and public
health practitioners, including those from health disparity
populations.
(b) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section such sums as may be necessary.
SEC. 8. DEFINITIONS.
In this Act:
(1) Environmental health.--The term ``environmental
health'', as defined by the World Health Organization, includes
both the direct pathological effects of chemicals, radiation,
and some biological agents, and the effects (often indirect) on
health and well-being of the broad physical, psychological,
social, and aesthetic environment.
(2) Environmental justice.--The term ``environmental
justice'', as defined by the Environmental Protection Agency,
includes the fair treatment and meaningful involvement of all
people regardless of race, color, national origin, or income
with respect to the development, implementation, and
enforcement of environmental laws, regulations, and policies.
(3) Health disparity population.--The term ``health
disparity population'' means a health disparity population as
described in section 485E(d) of the Public Health Service Act
(42 U.S.C. 287c-31(d)).
(4) State.--The term ``State'' means each of the 50 States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, the
Commonwealth of the Northern Mariana Islands, the Republic of
the Marshall Islands, the Federated States of Micronesia, the
Republic of Palau, and any Indian country (as defined in
section 1151 of title 18, United States Code).
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S13174-13175, S13175)
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
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