[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6396 Introduced in House (IH)]








109th CONGRESS
  2d Session
                                H. R. 6396

  To ensure environmental justice in the areas affected by Hurricanes 
                           Katrina and Rita.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 6, 2006

Mr. Jefferson 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 ensure environmental justice in the areas affected by Hurricanes 
                           Katrina and Rita.

    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 ``Hurricanes Katrina and Rita 
Environmental Justice Act''.

SEC. 2. DEFINITIONS.

    For purposes of this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the advisory committee established by section 6.
            (2) Environmental justice.--
                    (A) In general.--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) Fair treatment.--The term ``fair treatment'' 
                means policies and practices that will minimize the 
                likelihood that a minority, low-income community that 
                is rural or urban 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 in the Hurricanes Katrina and Rita affected 
                area.
            (3) 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.
            (5) Hurricanes katrina and rita affected area.--The term 
        ``Hurricanes Katrina and Rita affected area'' means the area 
        for which the President has declared the existence of a major 
        disaster, in accordance with section 401 of the Robert T. 
        Stafford Disaster Relief and Emergency Assistance Act (42 
        U.S.C. 5170), as a consequence of Hurricanes Katrina and Rita
            (4) Working group.--The term ``Working Group'' means the 
        interagency working group established by section 4.

SEC. 3. HURRICANES KATRINA AND RITA ENVIRONMENTAL JUSTICE 
              RESPONSIBILITIES OF FEDERAL AGENCIES.

    (a) Hurricanes Katrina and Rita 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 populations that are rural or urban 
in the Hurricanes Katrina and Rita affected area.
    (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.

SEC. 4. HURRICANES KATRINA AND RITA INTERAGENCY ENVIRONMENTAL JUSTICE 
              WORKING GROUP.

    (a) Creation and Composition.--There is hereby established the 
Hurricanes Katrina and Rita Interagency Working Group on Environmental 
Justice, to be comprised the following:
            (1) The heads of the following executive agencies and 
        offices (or their designees):
                    (A) The Department of Defense.
                    (B) The Department of Health and Human Services.
                    (C) The Department of Housing and Urban 
                Development.
                    (D) The Department of Homeland Security.
                    (E) The Department of Labor.
                    (F) The Department of Agriculture.
                    (G) The Department of Transportation.
                    (H) The Department of Justice.
                    (I) The Department of the Interior.
                    (J) The Department of Commerce.
                    (K) The Department of Energy.
                    (L) The Environmental Protection Agency.
                    (M) The Office of Management and Budget.
            (2) Not more than 4 representatives of community-based and 
        local nonprofit organizations, designated by the Governors of 
        the States in the Hurricanes Katrina and Rita affected area 
        acting jointly.
            (3) Not more then 4 State and local civic leaders, 
        designated by the Governors of the States in the Hurricanes 
        Katrina and Rita affected area acting jointly.
            (4) Not more than 4 elected officials, designated by the 
        Governors of the States in the Hurricanes Katrina and Rita 
        affected area acting jointly.
    (b) Functions.--The Working Group shall--
            (1) provide guidance to Federal and State agencies on 
        criteria for identifying disproportionately high and adverse 
        human health or environmental effects on minority, low-income 
        populations that are rural or urban;
            (2) coordinate with, provide guidance to, and serve as a 
        clearinghouse for, Federal and State agencies as Federal 
        agencies develop or revise an environmental justice strategy 
        under section 5, in order to ensure that the administration, 
        interpretation, and enforcement of programs, policies, and 
        activities 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 
        strategies under section 5;
            (4) assist in coordinating data collection, maintenance, 
        and analysis required by this Act;
            (5) examine existing data and studies on environmental 
        justice within the Hurricanes Katrina and Rita affected area;
            (6) hold public meetings and otherwise solicit public 
        participation and consider complaints as required under 
        subsection (c); and
            (7) develop interagency model projects on environmental 
        justice that evidence cooperation among Federal and State 
        agencies.
    (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 and State 
        agencies.
    (d) Annual Reports.--
            (1) In general.--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 on the final environmental justice strategies described 
        in section 5 and annual progress made in implementing those 
        strategies.
            (2) Copy of report.--The President shall transmit a copy of 
        each report submitted to the President under paragraph (1) to 
        the Speaker of the House of Representatives, the President of 
        the Senate, and the Governor of each State in the Hurricanes 
        Katrina and Rita affected area.

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 
populations that are rural or urban.
    (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 populations that 
        are rural or urban;
            (2) ensure greater public participation;
            (3) improve research and data collection relating to the 
        health and environment of minority, low-income populations that 
        are rural or urban; and
            (4) identify differential patterns of use of natural 
        resources among minority, low-income populations that are rural 
        or urban.
    (c) Timetables.--Each strategy developed pursuant to subsection (a) 
shall include a timetable for undertaking revisions identified pursuant 
to subsection (b).

SEC. 6. FEDERAL HURRICANES KATRINA AND RITA ENVIRONMENTAL JUSTICE 
              ADVISORY COMMITTEE.

    (a) Establishment.--There is established a committee to be known as 
the Federal Hurricanes Katrina and Rita 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 and State 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 
        and local governments, 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.--
            (1) In general.--The Advisory Committee shall be composed 
        of 21 members to be appointed in accordance with paragraph (2). 
        Members shall include representatives of--
                    (A) community-based groups;
                    (B) industry and business;
                    (C) academic and educational institutions;
                    (D) minority health organizations;
                    (E) State and local governments, federally 
                recognized tribes, and indigenous groups; and
                    (F) nongovernmental and environmental groups.
            (2) Appointments.--Of the members of the Advisory 
        Committee--
                    (A) three members shall be appointed by the 
                majority leader of the Senate;
                    (B) three members shall be appointed by the 
                minority leader of the Senate;
                    (C) three members shall be appointed by the Speaker 
                of the House of Representatives;
                    (D) three members shall be appointed by the 
                minority leader of the House of Representatives;
                    (E) two members shall be appointed by the 
                President; and
                    (F) for each State in the Hurricanes Katrina and 
                Rita affected area, one member shall be appointed by 
                the Governor of such State.
    (e) Meetings.--
            (1) In general.--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'').
            (2) Travel and per diem expenses.--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.
            (3) Agenda.--The Designated Federal Officer or a designee 
        of such Officer shall be present at all meetings, and each 
        meeting shall be conducted in accordance with an agenda 
        approved in advance by such Officer.
            (4) Adjournment.--The Designated Federal Officer may 
        adjourn any meeting when the Designated Federal Officer 
        determines it is in the public interest to do so.
            (5) Open to public.--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.
            (6) Comments.--Unless a meeting or portion thereof is 
        closed to the public (in accordance with paragraph (5)), 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.
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