[Congressional Record Volume 153, Number 29 (Thursday, February 15, 2007)]
[Senate]
[Pages S2086-S2087]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN (for himself, Mr. Kerry, and Mr. Menendez):
  S. 642. 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; to the Committee on 
Environment and Public Works.
  Mr. DURBIN. Mr. President, today I introduce, with Senators Kerry and 
Menendez, an environmental justice bill that will help protect the 
well-being of minority and low-income communities throughout the United 
States.
  In 1994, President Clinton issued an Executive Order instructing 
Government agencies to develop strategies to identify and address 
environmental inequities that might be created through agency programs. 
The Executive Order recognized that low-income and minority communities 
often end up with more than their fair share of pollution, associated 
health risks and environmental degradation.
  More advantaged communities--with strong advocates, more resources, 
and better access to information--are less likely to have landfills, 
petrochemical plants, or waste incinerators built in their 
neighborhoods.
  Unfortunately, the U.S. Environmental Protection Agency has not 
honored the 1994 Executive Order and the goal of environmental justice 
has not been met. In a March 2004 report, the EPA Inspector General 
concluded that the agency ``has not fully implemented Executive Order 
12898 nor consistently integrated environmental justice into its day-
to-day operations. EPA has not identified minority and low-income 
[populations] . . . and has neither defined nor developed criteria for 
determining [who is] disproportionately impacted. Moreover, in 2001, 
the Agency restated its commitment to environmental justice in a manner 
that does not emphasize minority and low-income populations, the intent 
of the Executive Order.''
  Today, with the introduction of the Environmental Justice Act of 
2007, we ask Congress to codify the Executive Order. The legislation 
also directs the EPA to implement recommendations in this area from 
both the EPA Inspector General and the Government Accountability 
Office. The recommendations include creating offices to review programs 
and policies for environmental justice implications, training staff to 
address environmental justice concerns in the rule making process and 
specifically assessing the impacts of future regulation and enforcement 
on the communities most at risk to human and environmental health 
problems. Finally, the bill establishes reporting requirements for the 
implementation of the recommendations.
  I am pleased that our legislation currently has the support of 18 
organizations, including: Earthjustice; Lawyers' Committee for Civil 
Rights Under

[[Page S2087]]

Law; Center for Health, Environment and Justice; Natural Resources 
Defense Council; Advocates for Environmental Human Rights and Labor 
Council for Latin American Advancement.
  The bill we are introducing today is an important step toward 
shifting the balance of environmental hazards, so the burden is not 
shouldered unfairly by low-income and minority communities.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 642

       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 
     2007''.

     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).
                                 ______