[Congressional Record Volume 148, Number 134 (Friday, October 11, 2002)]
[Extensions of Remarks]
[Pages E1855-E1856]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   ENVIRONMENTAL JUSTICE ACT OF 2002

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                       Thursday, October 10, 2002

  Mr. UDALL of Colorado. Mr. Speaker, today I am introducing the 
Environmental Justice Act of 2002. I am proud that my colleague 
Congresswoman Hilda Solis is joining me as an original cosponsor of 
this bill.
  Representative Solis and I long have been concerned about the fact 
that past federal actions have had disproportionately adverse effects 
on the health, environment and quality of life of Americans in minority 
and lower-income communities. Too often these communities--because of 
their low income or lack of political visibility--are exposed to 
greater risks from toxins and dangerous substances. It's a regrettable 
commentary on our society that too often it has been possible and 
convenient to locate waste dumps, industrial facilities, and chemical 
storage warehouses in these communities with less care than would be 
taken in other locations.
  Too often these communities are thought of as expendable--without 
full appreciation that human beings, who deserve to be treated with 
respect and dignity are living, working, and raising families there. 
Instead, by providing clean, healthy and quality environments within 
and around these communities, we provide hope for the future and 
enhance the opportunities that these citizens have to improve their 
condition.
  Our bill would help do just that. The bill essentially codifies an 
Executive Order that was issued by President Clinton in 1994. That 
order required all federal agencies to incorporate environmental 
justice considerations in their missions, develop strategies to address 
disproportionate impacts to minority and low-income people from their 
activities, and coordinate the development of data and research on 
these topics.
  Although federal agencies have been working to implement this order 
and have developed strategies, there is clearly much more to do. We 
simply cannot solve these issues overnight or even over a couple of 
years. We need to ``institutionalize'' the consideration of these 
issues in a more long-term fashion--which this bill would do.
  In addition, as this issue was addressed through an administrative 
order, that federal policy could be swept away with a stroke of a pen 
by new administrations. Thus, we need to make these considerations more 
permanent--which is also what this bill would do.
  It would do this by requiring all federal agencies to: make 
addressing environmental justice concerns part of their missions; 
develop environmental justice strategies; evaluate the effects of 
proposed actions on the health and environment of minority, low-income, 
and Native American communities;

[[Page E1856]]

avoid creating disproportionate adverse impacts on the health or 
environment of minority, low-income, or Native American communities; 
and collect data and carry out research on the effects of facilities on 
health and environment of minority, low-income, and Native American 
communities.
  It would also establish two committees: an Interagency Environmental 
Justice Working Group to develop strategies, provide guidance, 
coordinate research, convene public meetings, and conduct inquires 
regarding environmental justice issues. Makes permanent the group set 
up by the Executive Order; and a Federal Environmental Justice Advisory 
Committee, appointed by the President, including members of community-
based groups, business, academic, state agencies and environmental 
organizations. It will provide input and advice to the Interagency 
Working Group.
  In a nutshell what this bill would do is require federal agencies 
that control the siting and disposing of hazardous materials, store 
toxins or release pollutants at federal facilities, or issue permits 
for these kinds of activities to make sure they give fair treatment to 
low-income and minority populations--including Native Americans. What 
this bill does is say to federal agencies, ``In the past these 
communities have endured a disproportionate impact to their health and 
environment. Now we must find ways to make sure that won't be the case 
in the future.''
  Both Representative Solis and I recognize that it likely will not be 
possible for the Congress to complete action on this measure in this 
Session. But we are today taking the first step toward its enactment, 
and will persist in our efforts to accomplish that goal.
  For the information of our colleagues, I am attaching a brief outline 
of the provisions of the bill.

                   Environmental Justice Act of 2002


               Representatives Mark Udall and Hilda Solis

       Summary: This bill would essentially codify a Clinton 
     Administration Executive Order which directed a number of 
     federal agencies and offices to consider the environmental 
     impact of decisions on minority and low-income populations.
       Background: On February 11, 1994, President Clinton issued 
     Executive Order 12898, ``Federal Actions to Address 
     Environmental Justice in Minority Populations and Low-Income 
     Populations.'' The President also issued a corresponding 
     Memorandum to all federal departments and agencies further 
     explaining the order and how the agencies should implement it 
     to address environmental justice issues. The Order and 
     Memorandum called for the creation of an interagency working 
     group to provide guidance on identifying disproportionate 
     impacts on the health and environment of minority and low-
     income populations, develop strategies to address this 
     disproportionate impacts, and provide a report on that 
     strategy. Since the order was promulgated, the affected 
     agencies have developed reports and strategies.
       Need for the Bill: Although federal agencies and offices 
     have been complying with the Executive Order, 
     disproportionate impacts related to human health and the 
     environment still exist for many minority and low-income 
     communities. These impacts must be addressed over the long 
     term. In addition, due to the lack of resources and political 
     clout of many of these impacted communities, vigilance is 
     required to make sure that disproportionate impacts are 
     reduced and do not continue. As the effort to date has been 
     primarily administrative based on the presidential order and 
     memorandum, these strategies need to be incorporated into the 
     routine functioning of federal agencies and offices through 
     federal law.

                           What the bill does

       Requires federal agencies and offices to: include 
     addressing environmental justice concerns into their 
     respective missions; conduct programs so as not to create 
     disproportionate impact on minority and low-income 
     populations; include an examination of the effects of such 
     action on the health and environment of minority and low-
     income populations for actions that require environmental 
     analyses under the National Environmental Policy Act; create 
     an environmental justice strategy to address disproportionate 
     impacts of its policies and actions, and conduct and collect 
     research on the disproportionate impacts from federal 
     facilities.
       Creates an Interagency Environmental Justice Working Group 
     to develop strategies, provide guidance, coordinate research, 
     convene public meetings, and conduct inquires regarding 
     environmental justice issues.
       Creates a Federal Environmental Justice Advisory Committee 
     composed of members of community-based groups, business, 
     academic, state agencies and environmental organizations 
     which will provide input and advice to the Interagency 
     Working Group.

     

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