[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1648 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1648

 To require Executive Order 12898 to remain in force until changed by 
law, to expand the definition of environmental justice, to direct each 
 Federal agency to establish an Environmental Justice Office, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 14, 2005

Mr. Hastings of Florida (for himself, Mr. Owens, Mrs. Christensen, Mr. 
Serrano, Ms. Jackson-Lee of Texas, Mr. McDermott, Mr. Nadler, Ms. Lee, 
Mr. Grijalva, Ms. Corrine Brown of Florida, Mr. Sanders, Mr. Honda, Mr. 
 Menendez, Mr. Wexler, Mr. Rangel, Mr. Payne, Mr. Markey, Ms. DeGette, 
   Mr. Doggett, Mr. Stark, Mr. Jackson of Illinois, Ms. Norton, Mr. 
 Hinchey, Mr. Pallone, Mr. Kucinich, Mr. McGovern, Mrs. Jones of Ohio, 
Mr. Conyers, Ms. Solis, Ms. Wasserman Schultz, and Mr. Meek of Florida) 
 introduced the following bill; which was referred to the Committee on 
Energy and Commerce, and in addition to the Committee on Resources, 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 require Executive Order 12898 to remain in force until changed by 
law, to expand the definition of environmental justice, to direct each 
 Federal agency to establish an Environmental Justice Office, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. EXECUTIVE ORDER 12898.

    The provisions of Executive Order 12898, dated February 11, 1994, 
pertaining to Federal actions to address environmental justice in 
minority populations and low-income populations, shall remain in force 
until changed by law. In carrying out such executive order, the 
provisions of this Act shall apply.

SEC. 2. ADDITIONAL PROVISIONS RELATING TO ENVIRONMENTAL JUSTICE.

    (a) Definition of Environmental Justice.--For purposes of Executive 
Order 12898, environmental justice is the fair treatment and meaningful 
involvement of all people regardless of race, color, national origin, 
educational level, or income with respect to the development, 
implementation, and enforcement of environmental laws, regulations, and 
policies. Environmental justice seeks to ensure that minority and low-
income communities have adequate access to public information relating 
to human health and environmental planning, regulations, and 
enforcement. Environmental justice ensures that no population, 
especially the elderly and children, are forced to shoulder a 
disproportionate burden of the negative human health and environmental 
impacts of pollution or other environmental hazard.
    (b) Identification and Prioritization of Environmental Justice 
Communities.--For purposes of Executive Order 12898, criteria for 
defining an environmental justice community shall include demographic 
characteristics, such as percentages of minority and low-income 
residents within an area, as well as--
            (1) health vulnerabilities, such as cancer mortality and 
        incidence rate, infant mortality, low birth weight, asthma, and 
        childhood lead poisoning; and
            (2) environmental conditions, such as facility density and 
        proximity to Corrective Action/Superfund Sites, Enforcement 
        Data (percent and number of uninspected facilities, percent and 
        number of unaddressed violations, average and total penalty and 
        air nonattainment status), emissions, attainment status, indoor 
        air issues, 305b stream data, fish advisories, beach closings, 
        and truck traffic.
    (c) Establishment of Offices of Environmental Justice.--For 
purposes of Executive Order 12898, each of the following shall 
establish an Office of Environmental Justice:
            (1) Department of Defense.
            (2) Department of Justice.
            (3) Department of the Interior.
            (4) Department of Agriculture.
            (5) Department of Commerce.
            (6) Department of Labor.
            (7) Department of Health and Human Services.
            (8) Department of Housing and Urban Development.
            (9) Department of Transportation.
            (10) Department of Energy.
            (11) Department of Homeland Security
            (12) Environmental Protection Agency.
            (13) Office of Management and Budget.
            (14) Office of Science and Technology Policy.
            (15) Office of the Deputy Assistant to the President for 
        Environmental Policy.
            (16) Office of the Assistant to the President for Domestic 
        Policy.
            (17) National Economic Council.
            (18) Council of Economic Advisers.
            (19) Such other Government officials as the President may 
        designate.
    (d) Integration of Environmental Justice Policies in Agency 
Actions.--For purposes of the environmental justice strategies 
developed by agencies under Executive Order 12898, each agency shall 
integrate the strategy into the operation and mission of the agency and 
explicitly address compliance with this Act, including in the following 
activities:
            (1) Future rulemaking activities.
            (2) The development of any future guidance, environmental 
        reviews (including NEPA, CAA, Federal Land Policy Act), 
        regulation, or procedures for Federal agency programs, 
        policies, or activities that affect human health or the 
        environment.
    (e) Interagency Federal Working Group Coordination and Guidance.--
The interagency Federal Working Group on Environmental Justice (in this 
section referred to as the ``Working Group'') shall--
            (1) coordinate an integrated environmental justice training 
        plan for the Federal agencies and offices listed in subsection 
        (c);
            (2) formalize public participation efforts;
            (3) survey the Federal agencies and offices to determine 
        what is effective and how to best facilitate outreach without 
        duplicating efforts;
            (4) develop a strategy for allocating responsibilities and 
        ensuring participation, even when faced with competing agency 
        priorities; and
            (5) coordinate plans to communicate research results so 
        reporting and outreach activities produce more useful and 
        timely information.
    (f) Agency Public Participation Efforts.--
            (1) Outreach efforts.--Each Federal agency listed in 
        subsection (c) shall carry out and report outreach activities 
        to the Working Group, including the following:
                    (A) Respond directly to inquiries from the public 
                and other stakeholders.
                    (B) Maintain websites and listservers.
                    (C) Produce and distribute hardcopy documents and 
                multimedia products.
                    (D) Conduct or sponsor briefings, lectures, and 
                press conferences.
                    (E) Testify before Congress or other government 
                bodies.
                    (F) Finance scholarships, fellowships, and 
                internships.
                    (G) Support museum exhibits and other public 
                displays.
                    (H) Sponsor, participate, or otherwise contribute 
                to meetings attended by stakeholders.
                    (I) Provide scientifically-sound content for K-12 
                education activities; and
                    (J) fund outreach efforts managed outside the 
                Federal Government.
            (2) Stakeholders.--To ensure their active public 
        participation and to provide input early in environmental 
        decision-making, Federal agencies along with the Working Group 
        shall develop ways to enhance partnerships and coordination 
        with stakeholders, including affected communities, Federal, 
        Tribal, State, and local governments, environmental 
        organizations, nonprofit organizations, academic institutions 
        (including Historically Black Colleges and Universities 
        (HBCUs), Hispanic Serving Institutions (HSIs), and Tribal 
        Colleges), and business and industry.
    (g) Community Technology Centers.--
            (1) In general.--Federal agencies shall fund community 
        technology centers to assist with technical assistance issues 
        in the environmental justice area.
            (2) Description.--In this subsection, the term ``community 
        technology center'' (CTC) refers to programs with the goal of 
        providing at least 10 hours of open access a week for anyone in 
        a community, especially youth and adults in low-income urban 
        and rural communities, for purposes of providing technical 
        assistance to communities experiencing issues of environmental 
        hazards.
            (3) Location.--A community technology center may be located 
        in places such as libraries, community centers, schools, 
        churches, social service agencies, low-income residential 
        housing complexes, and Minority Academic Institutions (such as 
        Historically Black Colleges and Universities, Hispanic Serving 
        Institutions, and Tribal Colleges).
            (4) Activities of community technology center.--A community 
        technology center funded under this section shall--
                    (A) assist community members in becoming active 
                participants in cleanup and environmental development 
                activities;
                    (B) provide independent and credible technical 
                assistance to communities affected by hazardous waste 
                contamination;
                    (C) review and interpret technical documents and 
                other materials;
                    (D) sponsor workshops, short courses, and other 
                learning experiences to explain basic science and 
                environmental policy;
                    (E) inform community members about existing 
                technical assistance materials, such as publications, 
                videos, and web sites;
                    (F) offer training to community leaders in 
                facilitation and conflict resolution among 
                stakeholders; and
                    (G) create technical assistance materials tailored 
                to the identified needs of a community.
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