[Congressional Record Volume 151, Number 6 (Wednesday, January 26, 2005)]
[Extensions of Remarks]
[Pages E91-E92]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               INTRODUCTION OF ENVIRONMENTAL JUSTICE ACT

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                      Wednesday, January 26, 2005

  Mr. UDALL of Colorado. Mr. Speaker, today I am again introducing the 
Environmental Justice Act.
  I am proud that Congresswoman Hilda Solis and Representative Rob 
Andrews are joining me as original cosponsors of this bill. 
Representative Solis and I introduced a similar bill in the 108th 
Congress.
  Reintroduction of the bill reflects continued concern about the way 
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 because it has been possible to locate waste 
dumps, industrial facilities, and chemical storage warehouses in these 
communities with less care than would be taken in other locations.
  The sad fact is that in some eyes these communities have appeared as 
expendable--without full appreciation that human beings, who deserve to 
be treated with respect and dignity, are living, working, and raising 
families there.
  This needs to give way to policies focused on providing clean, 
healthy and quality environments within and around these communities. 
When that happens, 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, just as the current policy was established by an 
administrative order, it could be swept away with a stroke of an 
administrative pen. To avoid that, we need to make it more permanent--
which is also what this bill would do.
  It would do this by statutorily 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; 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 statutorily establish two committees:
  The Interagency Environmental Justice Working Group, set up by the 
Executive Order to develop strategies, provide guidance, coordinate 
research, convene public meetings, and conduct inquires regarding 
environmental justice issues; 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. The 
bill tells 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.''
  For the information of our colleagues, here is a short analysis of 
the bill:


                       ENVIRONMENTAL JUSTICE ACT

  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 such disproportionate impacts, and provide a 
report on that

[[Page E92]]

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.
  The bill--
  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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