[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4652 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4652

  To direct each Federal agency to establish an Environmental Justice 
                    Office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 13, 2007

   Mr. Hastings of Florida (for himself, Ms. Solis, Mr. Conyers, Mr. 
   Ellison, Ms. Kilpatrick, Ms. DeGette, Mr. Udall of Colorado, Mr. 
 Pallone, Mrs. Christensen, Mr. Meek of Florida, Ms. Corrine Brown of 
 Florida, Mr. Wexler, Ms. Wasserman Schultz, Mr. Honda, Mr. Payne, Mr. 
 Serrano, Mr. Clay, Mr. Berman, Ms. Lee, Mr. Nadler, Mr. Hinchey, Ms. 
  Jackson-Lee of Texas, Mr. Hinojosa, Mr. Kucinich, and Ms. Berkley) 
 introduced the following bill; which was referred to the Committee on 
   Energy and Commerce, and in addition to the Committee on Natural 
 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 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. SHORT TITLE.

    This Act may be cited as the ``Environmental Justice Access and 
Implementation Act of 2007''.

SEC. 2. DEFINITIONS.

    (a) Definition of Environmental Justice.--For purposes of carrying 
out this Act, the following definitions shall apply:
            (1) The term ``environmental justice'' means 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 and regulations in order to 
        ensure that--
                    (A) minority and low-income communities have access 
                to public information relating to human health and 
                environmental planning, regulations and enforcement; 
                and
                    (B) no minority or low-income population is forced 
                to shoulder a disproportionate burden of the negative 
                human health and environmental impacts of pollution or 
                other environmental hazard.
            (2) The term ``fair treatment'' means policies and 
        practices that ensure that no group of people, including 
        racial, ethnic, or socioeconomic groups bear disproportionately 
        high and adverse human health or environmental effects 
        resulting from Federal agency programs, policies, and 
        activities.
    (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 with a higher than average rate of--
            (1) health vulnerabilities, such as cancer mortality and 
        incidence rate, infant mortality, low birth weight, asthma, and 
        childhood lead poisoning; and
            (2) exposure to environmental conditions, such as facility 
        density and proximity to Corrective Action/Superfund Sites, 
        Brownfields, Enforcement Data (percent and number of 
        uninspected facilities, percent and number of unaddressed 
        violations, average and total penalty and air nonattainment 
        status), hazardous emissions, attainment status, hazardous 
        indoor air quality, hazardous water quality, and traffic 
        related to the covered or uncovered, transport of polluting 
        substances.

SEC. 3. IMPLEMENTATION AND INTEGRATION OF FEDERAL ENVIRONMENTAL JUSTICE 
              INITIATIVES.

    (a) 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) Department of State.
            (20) Such other Government entities as the President may 
        designate.
    (b) Characteristics of Offices of Environmental Justice.--Offices 
established by this Act shall be overseen by a Director of Senior 
Executive Service designation with environmental justice activities as 
their primary responsibility. Such offices should be established within 
6 months of enactment of this Act
    (c) 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.
    (d) 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 meaningful public participation goals and 
        procedures;
            (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 in multi-agency projects, 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.
    (e) 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 Web sites 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.
                    (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.
    (f) Authorization of Appropriations.--
            (1) There are authorized to be appropriated for each of the 
        entities named in section 3(a) and (b), $1,000,000 for each of 
        fiscal years 2008 through 2018 to carry out this section.
            (2) There are authorized to be appropriated for the 
        purposes of section 3(c), (d), and (e) such sums as may be 
        necessary for each of fiscal years 2008 through 2018.

SEC. 4. COMMUNITY ACCESS AND PARTICIPATION IN FEDERAL ENVIRONMENTAL 
              JUSTICE INITIATIVES.

    (a) Community Technology Centers.--
            (1) In general.--Federal agencies shall collaboratively 
        fund and establish community technology centers to assist with 
        technical assistance issues in the environmental justice area, 
        coordinated by the Interagency Federal Working Group on 
        Environmental Justice.
            (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 associated with 
        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) Criteria for establishment of community technology 
        centers.--The President shall recommend the minimum number of 
        community technology centers based on demographic profiles of 
        environmental justice communities, within 12 months of the 
        implementation of this Act.
            (5) 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.
            (6) Reporting requirements.--To further the development of 
        the mandated environmental justice offices, the following 
        reports on identified accomplishments, complaints, and 
        implementation of this Act shall be undertaken:
                    (A) The President shall present an annual report to 
                Congress on the state of environmental justice in the 
                agencies identified in this Act within 12 months after 
                the enactment of this Act.
                    (B) The Government Accountability Office shall 
                report to Congress an evaluation of the implementation 
                of this Act within 18 months after the enactment of 
                this Act.
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to the entities named in this section such sums as may be 
necessary for each of fiscal years 2008 through 2018 to carry out this 
section.

SEC. 5. DOCUMENTATION AND REPORTS.

    To further the development of the mandated environmental justice 
offices, and other initiatives set forth by this Act, the following 
reports on identified accomplishments, complaints, and implementation 
of this Act shall be undertaken:
            (1) The President shall present an annual report to 
        Congress on the state of environmental justice in the agencies 
        identified in this Act within 12 months after the enactment of 
        this Act.
            (2) The Government Accountability Office shall report to 
        Congress an evaluation of the implementation of this Act within 
        18 months after the enactment of this Act.
                                 <all>