[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 427 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 427

   To require Federal agencies to develop and implement policies and 
 practices that promote environmental justice, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 26, 2005

    Mr. Udall of Colorado (for himself, Ms. Solis, and Mr. Andrews) 
 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 Federal agencies to develop and implement policies and 
 practices that promote environmental justice, 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. SHORT TITLE; PURPOSES.

    (a) Short Title.--This Act may be cited as the ``Environmental 
Justice Act of 2005''.
    (b) Purposes.--The purposes of this Act are--
            (1) to focus Federal agency attention on the environmental 
        and human health conditions in minority, low-income, and Native 
        American communities;
            (2) to ensure that all Federal agencies develop practices 
        that promote environmental justice;
            (3) to increase cooperation and coordination among Federal 
        agencies as they seek to achieve environmental justice;
            (4) to provide minority, low-income, and Native American 
        communities greater access to public information and 
        opportunity for participation in decisionmaking affecting human 
        health and the environment;
            (5) to mitigate the inequitable distribution of the burdens 
        and benefits of Federal programs having significant impact on 
        human health and the environment; and
            (6) to hold Federal agencies accountable for the effects of 
        their projects and programs on all communities.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Environmental justice.--(A) The term ``environmental 
        justice'' means the fair treatment of people of all races, 
        cultures, and socioeconomic groups with respect to the 
        development, adoption, implementation, and enforcement of laws, 
        regulations, and policies affecting the environment.
            (B) The term ``fair treatment'' means policies and 
        practices that will minimize the likelihood that a minority, 
        low-income, or Native American community will bear a 
        disproportionate share of the adverse environmental 
        consequences, or be denied reasonable access to the 
        environmental benefits, resulting from implementation of a 
        Federal program or policy.
            (2) Federal agency.--The term ``Federal agency'' means--
                    (A) each Federal entity represented on the Working 
                Group;
                    (B) any other entity that conducts any Federal 
                program or activity that substantially affects human 
                health or the environment; and
                    (C) each Federal agency that implements any 
                program, policy, or activity applicable to Native 
                Americans.
            (3) Working group.--The term ``Working Group'' means the 
        interagency working group established by section 4.
            (4) Advisory committee.--The term ``the Advisory 
        Committee'' means the advisory committee established by section 
        6.

SEC. 3. ENVIRONMENTAL JUSTICE RESPONSIBILITIES OF FEDERAL AGENCIES.

    (a) Environmental Justice Mission.--To the greatest extent 
practicable, the head of each Federal agency shall make achieving 
environmental justice part of its mission by identifying and 
addressing, as appropriate, disproportionately high and adverse human 
health or environmental effects of its programs, policies, and 
activities on minority, low-income, and Native American populations in 
the United States and its territories and possessions, including the 
District of Columbia, the Commonwealth of Puerto Rico, and the 
Commonwealth of the Mariana Islands.
    (b) Nondiscrimination.--Each Federal agency shall conduct its 
programs, policies, and activities in a manner that ensures that such 
programs, policies, and activities do not have the effect of excluding 
any person or group from participation in, denying any person or group 
the benefits of, or subjecting any person or group to discrimination 
under, such programs, policies, and activities, because of race, color, 
national origin, or income.
    (c) Environmental Analyses.--(1) Each analysis of environmental 
effects of Federal actions required by the National Environmental 
Policy Act of 1969 (42 U.S.C. 321 et seq.) shall include analysis of 
the effects of such action on human health and any economic and social 
effects on minority, low-income, and Native American communities.
    (2) So far as feasible, any environmental assessment, environmental 
impact statement, or record of decision prepared pursuant to the 
National Environmental Policy Act of 1969 (42 U.S.C. 321 et seq.) shall 
include measures to mitigate any significant and adverse environmental 
effects of proposed Federal actions on minority, low-income, and Native 
American communities.
    (3) Each Federal agency shall provide opportunities for community 
input in processes under the National Environmental Policy Act of 1969 
(42 U.S.C. 321 et seq.), including identifying potential effects and 
mitigation measures in consultation with affected communities and 
improving the accessibility of meetings, crucial documents, and 
notices.

SEC. 4. INTERAGENCY ENVIRONMENTAL JUSTICE WORKING GROUP.

    (a) Creation and Composition.--There is hereby established the 
Interagency Working Group on Environmental Justice, comprising the 
heads of the following executive agencies and offices, or their 
designees:
            (1) The Department of Defense.
            (2) The Department of Health and Human Services.
            (3) The Department of Housing and Urban Development.
            (4) The Department of Labor.
            (5) The Department of Agriculture.
            (6) The Department of Transportation.
            (7) The Department of Justice;
            (8) The Department of the Interior.
            (9) The Department of Commerce.
            (10) The Department of Energy.
            (11) The Environmental Protection Agency.
            (12) The Office of Management and Budget.
            (13) The Office of Science and Technology Policy.
            (14) The Office of the Deputy Assistant to the President 
        for Environmental Policy.
            (15) The Office of the Assistant to the President for 
        Domestic Policy.
            (16) The National Economic Council.
            (17) The Council of Economic Advisers.
            (18) Any other official of the United States that the 
        President may designate.
    (b) Functions.--The Working Group shall--
            (1) provide guidance to Federal agencies on criteria for 
        identifying disproportionately high and adverse human health or 
        environmental effects on minority, low-income, and Native 
        American populations;
            (2) coordinate with, provide guidance to, and serve as a 
        clearinghouse for, each Federal agency as it develops or 
        revises an environmental justice strategy as required by this 
        Act, in order to ensure that the administration, interpretation 
        and enforcement of programs, activities, and policies are 
        undertaken in a consistent manner;
            (3) assist in coordinating research by, and stimulating 
        cooperation among, the Environmental Protection Agency, the 
        Department of Health and Human Services, the Department of 
        Housing and Urban Development, and other Federal agencies 
        conducting research or other activities in accordance with 
        section 7;
            (4) assist in coordinating data collection, maintenance, 
        and analysis required by this Act;
            (5) examine existing data and studies on environmental 
        justice;
            (6) hold public meetings and otherwise solicit public 
        participation and consider complaints as required under 
        subsection (c);
            (7) develop interagency model projects on environmental 
        justice that evidence cooperation among Federal agencies; and
            (8) in coordination with the Department of the Interior and 
        after consultation with tribal leaders, coordinate steps to be 
        taken pursuant to this Act that affect or involve federally-
        recognized Indian Tribes.
    (c) Public Participation.--The Working Group shall--
            (1) hold public meetings and otherwise solicit public 
        participation, as appropriate, for the purpose of fact-finding 
        with regard to implementation of this Act, and prepare for 
        public review a summary of the comments and recommendations 
        provided; and
            (2) receive, consider, and in appropriate instances conduct 
        inquiries concerning complaints regarding environmental justice 
        and the implementation of this Act by Federal agencies.
    (d) Annual Reports.--(1) Each fiscal year following enactment of 
this Act, the Working Group shall submit to the President, through the 
Office of the Deputy Assistant to the President for Environmental 
Policy and the Office of the Assistant to the President for Domestic 
Policy, a report that describes the implementation of this Act, 
including, but not limited to, a report of the final environmental 
justice strategies described in section 6 of this Act and annual 
progress made in implementing those strategies.
    (2) The President shall transmit to the Speaker of the House of 
Representatives and the President of the Senate a copy of each report 
submitted to the President pursuant to paragraph (1).
    (e) Conforming Change.--The Interagency Working Group on 
Environmental Justice established under Executive Order No. 12898, 
dated February 11, 1994, is abolished.

SEC. 5. FEDERAL AGENCY STRATEGIES.

    (a) Agency-Wide Strategies.--Each Federal agency shall develop an 
agency-wide environmental justice strategy that identifies and 
addresses disproportionally high and adverse human health or 
environmental effects or disproportionally low benefits of its 
programs, policies, and activities with respect to minority, low-
income, and Native American populations.
    (b) Revisions.--Each strategy developed pursuant to subsection (a) 
shall identify programs, policies, planning, and public participation 
processes, rulemaking, and enforcement activities related to human 
health or the environment that should be revised to--
            (1) promote enforcement of all health and environmental 
        statutes in areas with minority, low-income, or Native American 
        populations;
            (2) ensure greater public participation;
            (3) improve research and data collection relating to the 
        health of and environment of minority, low-income, and Native 
        American populations; and
            (4) identify differential patterns of use of natural 
        resources among minority, low-income, and Native American 
        populations.
    (c) Timetables.--Each strategy developed pursuant to subsection (a) 
shall include, where appropriate, a timetable for undertaking revisions 
identified pursuant to subsection (b).

SEC. 6. FEDERAL ENVIRONMENTAL JUSTICE ADVISORY COMMITTEE.

    (a) Establishment.--There is established a committee to be known as 
the ``Federal Environmental Justice Advisory Committee''.
    (b) Duties.--The Advisory Committee shall provide independent 
advice and recommendations to the Environmental Protection Agency and 
the Working Group on areas relating to environmental justice, which may 
include any of the following:
            (1) Advice on Federal agencies' framework development for 
        integrating socioeconomic programs into strategic planning, 
        annual planning, and management accountability for achieving 
        environmental justice results agency-wide.
            (2) Advice on measuring and evaluating agencies' progress, 
        quality, and adequacy in planning, developing, and implementing 
        environmental justice strategies, projects, and programs.
            (3) Advice on agencies' existing and future information 
        management systems, technologies, and data collection, and the 
        conduct of analyses that support and strengthen environmental 
        justice programs in administrative and scientific areas.
            (4) Advice to help develop, facilitate, and conduct reviews 
        of the direction, criteria, scope, and adequacy of the Federal 
        agencies' scientific research and demonstration projects 
        relating to environmental justice.
            (5) Advice for improving how the environmental protection 
        agency and others participate, cooperate, and communicate 
        within that agency and between other Federal agencies, State or 
        local governments, federally recognized Tribes, environmental 
        justice leaders, interest groups, and the public.
            (6) Advice regarding the Environmental Protection Agency's 
        administration of grant programs relating to environmental 
        justice assistance (not to include the review or 
        recommendations of individual grant proposals or awards).
            (7) Advice regarding agencies' awareness, education, 
        training, and other outreach activities involving environmental 
        justice.
    (c) Advisory Committee.--The Advisory Committee shall be considered 
an advisory committee within the meaning of the Federal Advisory 
Committee Act (5 U.S.C. App.).
    (d) Membership.--The Advisory Committee shall be composed of at 
least 25 members appointed by the President. Members shall include 
representatives of--
            (1) community-based groups;
            (2) industry and business;
            (3) academic and educational institutions;
            (4) State and local governments, federally recognized 
        tribes, and indigenous groups; and
            (5) nongovernmental and environmental groups.
    (e) Meetings.--The Advisory Committee shall meet at least twice 
annually. Meetings shall occur as needed and approved by the Director 
of the Office of Environmental Justice of the Environmental Protection 
Agency, who shall serve as the officer required to be appointed under 
section 10(e) of the Federal Advisory Committee Act (5 U.S.C. App.) 
with respect to the Committee (in this subsection referred to as the 
``Designated Federal Officer''). The Administrator of the Environmental 
Protection Agency may pay travel and per diem expenses of members of 
the Advisory Committee when determined necessary and appropriate. The 
Designated Federal Officer or a designee of such Officer shall be 
present at all meetings, and each meeting will be conducted in 
accordance with an agenda approved in advance by such Officer. The 
Designated Federal Officer may adjourn any meeting when the Designated 
Federal Officer determines it is in the public interest to do so. As 
required by the Federal Advisory Committee Act, meetings of the 
Advisory Committee shall be open to the public unless the President 
determines that a meeting or a portion of a meeting may be closed to 
the public in accordance with subsection (c) of section 552b of title 
5, United States Code. Unless a meeting or portion thereof is closed to 
the public, the Designated Federal Officer shall provide an opportunity 
for interested persons to file comments before or after such meeting or 
to make statements to the extent that time permits.
    (f) Duration.--The Advisory Committee shall remain in existence 
until otherwise provided by law.

SEC. 7. HUMAN HEALTH AND ENVIRONMENTAL RESEARCH, DATA COLLECTION AND 
              ANALYSIS.

    (a) Disproportionate Impact.--To the extent permitted by other 
applicable law, including section 552a of title 5, United States Code, 
popularly known as the Privacy Act of 1974, the Administrator of the 
Environmental Protection Agency, or the head of such other Federal 
agency as the President may direct, shall collect, maintain, and 
analyze information assessing and comparing environmental and human 
health risks borne by populations identified by race, national origin, 
or income. To the extent practical and appropriate, Federal agencies 
shall use this information to determine whether their programs, 
policies, and activities have disproportionally high and adverse human 
health or environmental effects on, or disproportionally low benefits 
for, minority, low-income, and Native American populations.
    (b) Information Related to Non-Federal Facilities.--In connection 
with the development and implementation of agency strategies in section 
4, the Administrator of the Environmental Protection Agency, or the 
head of such other Federal agency as the President may direct, shall 
collect, maintain, and analyze information on the race, national 
origin, and income level, and other readily accessible and appropriate 
information, for areas surrounding facilities or sites expected to have 
a substantial environmental, human health, or economic effect on the 
surrounding populations, if such facilities or sites become the subject 
of a substantial Federal environmental administrative or judicial 
action.
    (c) Impact From Federal Facilities.--The Administrator of the 
Environmental Protection Agency, or the head of such other Federal 
agency as the President may direct, shall collect, maintain, and 
analyze information on the race, national origin, and income level, and 
other readily accessible and appropriate information, for areas 
surrounding Federal facilities that are--
            (1) subject to the reporting requirements under the 
        Emergency Planning and Community Right-to-Know Act (42 U.S.C. 
        11001 et seq.) as mandated in Executive Order No. 12856; and
            (2) expected to have a substantial environmental, human 
        health, or economic effect on surrounding populations.
    (d) Information Sharing.--(1) In carrying out the responsibilities 
in this section, each Federal agency, to the extent practicable and 
appropriate, shall share information and eliminate unnecessary 
duplication of efforts through the use of existing data systems and 
cooperative agreements among Federal agencies and with State, local, 
and tribal governments.
    (2) Except as prohibited by other applicable law, information 
collected or maintained pursuant to this section shall be made 
available to the public.
    (e) Public Comment.--Federal agencies shall provide minority, low-
income, and Native American populations the opportunity to participate 
in the development, design, and conduct of activities undertaken 
pursuant to this section.
                                 <all>