[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 642 Reported in Senate (RS)]






                                                      Calendar No. 1056
110th CONGRESS
  2d Session
                                 S. 642

                          [Report No. 110-485]

To codify Executive Order 12898, relating to environmental justice, to 
  require the Administrator of the Environmental Protection Agency to 
  fully implement the recommendations of the Inspector General of the 
Agency and the Comptroller General of the United States, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 15, 2007

  Mr. Durbin (for himself, Mr. Kerry, Mr. Menendez, Mrs. Clinton, and 
  Mrs. Boxer) introduced the following bill; which was read twice and 
       referred to the Committee on Environment and Public Works

           September 24 (legislative day, September 17), 2008

               Reported by Mrs. Boxer, without amendment

_______________________________________________________________________

                                 A BILL


 
To codify Executive Order 12898, relating to environmental justice, to 
  require the Administrator of the Environmental Protection Agency to 
  fully implement the recommendations of the Inspector General of the 
Agency and the Comptroller General of the United States, 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 Act of 2008''.

SEC. 2. CODIFICATION OF EXECUTIVE ORDER 12898.

    (a) In General.--The President of the United States is authorized 
and directed to execute, administer and enforce as a matter of Federal 
law the provisions of Executive Order 12898, dated February 11, 1994, 
(``Federal Actions To Address Environmental Justice In Minority 
Populations and Low-Income Populations'') with such modifications as 
are provided in this section.
    (b) Definition of Environmental Justice.--For purposes of carrying 
out the provisions of Executive Order 12898, 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.
    (c) Judicial Review and Rights of Action.--The provisions of 
section 6-609 of Executive Order 12898 shall not apply for purposes of 
this Act.

SEC. 3. IMPLEMENTATION OF RECOMMENDATIONS BY ENVIRONMENTAL PROTECTION 
              AGENCY.

    (a) Inspector General Recommendations.--The Administrator of the 
Environmental Protection Agency shall, as promptly as practicable, 
carry out each of the following recommendations of the Inspector 
General of the agency as set forth in report # 2006-P-00034 entitled 
``EPA needs to conduct environmental justice reviews of its programs, 
policies and activities'':
            (1) The recommendation that the agency's program and 
        regional offices identify which programs, policies, and 
        activities need environmental justice reviews and require these 
        offices to establish a plan to complete the necessary reviews.
            (2) The recommendation that the Administrator of the agency 
        ensure that these reviews determine whether the programs, 
        policies, and activities may have a disproportionately high and 
        adverse health or environmental impact on minority and low-
        income populations.
            (3) The recommendation that each program and regional 
        office develop specific environmental justice review guidance 
        for conducting environmental justice reviews.
            (4) The recommendation that the Administrator designate a 
        responsible office to compile results of environmental justice 
        reviews and recommend appropriate actions.
    (b) GAO Recommendations.--In developing rules under laws 
administered by the Environmental Protection Agency, the Administrator 
of the Agency shall, as promptly as practicable, carry out each of the 
following recommendations of the Comptroller General of the United 
States as set forth in GAO Report numbered GAO-05-289 entitled ``EPA 
Should Devote More Attention to Environmental Justice when Developing 
Clean Air Rules'':
            (1) The recommendation that the Administrator ensure that 
        workgroups involved in developing a rule devote attention to 
        environmental justice while drafting and finalizing the rule.
            (2) The recommendation that the Administrator enhance the 
        ability of such workgroups to identify potential environmental 
        justice issues through such steps as providing workgroup 
        members with guidance and training to helping them identify 
        potential environmental justice problems and involving 
        environmental justice coordinators in the workgroups when 
        appropriate.
            (3) The recommendation that the Administrator improve 
        assessments of potential environmental justice impacts in 
        economic reviews by identifying the data and developing the 
        modeling techniques needed to assess such impacts.
            (4) The recommendation that the Administrator direct 
        appropriate agency officers and employees to respond fully when 
        feasible to public comments on environmental justice, including 
        improving the agency's explanation of the basis for its 
        conclusions, together with supporting data.
    (c) 2004 Inspector General Report.--The Administrator of the 
Environmental Protection Agency shall, as promptly as practicable, 
carry out each of the following recommendations of the Inspector 
General of the agency as set forth in the report entitled ``EPA Needs 
to Consistently Implement the Intent of the Executive Order on 
Environmental Justice'' (Report No. 2004-P-00007):
            (1) The recommendation that the agency clearly define the 
        mission of the Office of Environmental Justice (OEJ) and 
        provide agency staff with an understanding of the roles and 
        responsibilities of the office.
            (2) The recommendation that the agency establish (through 
        issuing guidance or a policy statement from the Administrator) 
        specific time frames for the development of definitions, goals, 
        and measurements regarding environmental justice and provide 
        the regions and program offices a standard and consistent 
        definition for a minority and low-income community, with 
        instructions on how the agency will implement and 
        operationalize environmental justice into the agency's daily 
        activities.
            (3) The recommendation that the agency ensure the 
        comprehensive training program currently under development 
        includes standard and consistent definitions of the key 
        environmental justice concepts (such as ``low-income'', 
        ``minority'', and ``disproportionately impacted'') and 
        instructions for implementation of those concepts.
    (d) Report.--The Administrator shall submit an initial report to 
Congress within 6 months after the enactment of this Act regarding the 
Administrator's strategy for implementing the recommendations referred 
to in subsections (a), (b), and (c). Thereafter, the Administrator 
shall provide semi-annual reports to Congress regarding his progress in 
implementing such recommendations as well as his progress on modifying 
the Administrator's emergency management procedures to incorporate 
environmental justice in the agency's Incident Command Structure (in 
accordance with the December 18, 2006, letter from the Deputy 
Administrator to the Acting Inspector General of the agency).
                                                      Calendar No. 1056

110th CONGRESS

  2d Session

                                 S. 642

                          [Report No. 110-485]

_______________________________________________________________________

                                 A BILL

To codify Executive Order 12898, relating to environmental justice, to 
  require the Administrator of the Environmental Protection Agency to 
  fully implement the recommendations of the Inspector General of the 
Agency and the Comptroller General of the United States, and for other 
                               purposes.

_______________________________________________________________________

           September 24 (legislative day, September 17), 2008

                       Reported without amendment