Short title

This Act may be cited as the

Hurricanes Katrina and Rita Environmental Justice Act of 2007

Findings

Congress finds the following: (1)In June 2005, the Administration announced that it was removing race and class from special consideration in its definition of environmental justice, departing from President Clinton’s 1994 Executive Order 12898 on Environmental Justice which mandated that all Federal agencies generate agency-specific strategies to address the disproportionate pollution experienced by minority communities. (2)Years before Hurricane Katrina, environmental justice activists were anticipating the racially disproportionate effects of climate change, in terms of coastal flooding and the health effects of heat waves, through the Environmental Justice and Climate Change Initiative (EJCC). As their 2002 fact sheet stated: “People of color are concentrated in urban centers in the South, coastal regions, and areas with substandard air quality. New Orleans, which is 62 percent African-American and 2 feet below sea level, exemplifies the severe and disproportionate impacts of climate change in the United States. (3)Numerous studies have concluded that many diseases, including cancer, heart disease, asthma, birth defects, behavioral disorders, infertility, and obesity, are caused or exacerbated by environmental hazards. (4)Of the chemicals produced in the United States annually in quantities greater than 10,000 pounds, only 43 percent of such chemicals have been tested for their potential human toxicity and only 7 percent have been studied to assess effects on human development. (5)Approximately 126,000,000 people in the United States live in areas of non-attainment for pollutants that have health-based standards. (6)In the United States, air pollution is estimated to be associated with 50,000 premature deaths and with $50,000,000,000 in health-related costs annually. (7)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. (8)People of color are almost three times more likely than Caucasians to be hospitalized or die from asthma and other respiratory illnesses linked to air pollution. Asthma accounts for 10 million lost school days, 1.2 million emergency room visits, 15 million outpatient visits, and over 500,000 hospitalizations each year in the United States. (9)Consequently, the people who live in these communities are inundated with significant environmental and health hazards related to toxic waste sites, mining operations, incinerators, oil exploration, and other harmful developments. In the United States, approximately 60 percent of African Americans live in communities with uncontrolled toxic waste sites. Three out of five of the largest hazardous waste landfills in the United States are located in predominantly African American or Latino communities. (10)Hurricane Katrina struck a region that is disproportionately African American and poor. African Americans make up twelve percent of the United States population. Nearly 68 percent of the population of New Orleans is African American. The African American population in the Coastal Mississippi counties where Hurricane Katrina struck ranged from 25 percent to 87 percent. Twenty-eight percent of New Orleans residents live below the poverty level and more than 80 percent of those are African American. Fifty percent of all New Orleans children live in poverty. The poverty rate was 17.7 percent in Gulfport, Mississippi and 21.2 percent in Mobile, Alabama in 2000. Nationally, in 2000, 11.3 percent of people in the United States and 22.1 percent of African Americans were living below the poverty line. (11)New Orleans is prototypical of environmental justice issues in the Gulf Coast region. Before Hurricane Katrina, the City of New Orleans was struggling with a wide range of environmental justice issues and concerns. Its location along the Mississippi River Chemical Corridor increased its vulnerability to environmental threats. The City of New Orleans had an extremely high childhood environmental lead poisoning problem. There were ongoing air quality impacts and resulting high asthma and respiratory disease rates and frequent visits to emergency rooms for treatment by both children and adults. Environmental health problems and issues related to environmental exposure was a grave issue of concern for New Orleans residents. (12)New Orleans and outlying areas suffered severe environmental damage during Hurricane Katrina, the extent to which has yet to be determined. The post-Hurricane Katrina New Orleans has been described as a “cesspool” of toxic chemicals, human waste, decomposing flesh, and surprises that remain to be uncovered in the sediments. Massive amounts of toxic chemicals were used and stored along the Gulf Coast before the storm. Literally thousands of sites in the storm’s path used or stored hazardous chemicals, from the local dry cleaner and auto repair shops to Superfund sites and oil refineries in Chalmette and Meraux, Louisiana, where there are enormous stores of ultra-hazardous hydrofluoric acid. In the aftermath of the storm some sites were damaged and leaked. Residents across the Gulf Coast and the media reported oil spills, obvious leaks from plants, storage tankards turned on end, and massive fumes. (13)Short-term rebuilding objectives must not outweigh long-term public health protection for all people in the United States and the environment on which such people depend.

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. (4)

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. (5)

Working group

The term Working Group means the interagency working group established by section 4.

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.

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 of 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 than 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 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.

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).

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.