[Congressional Record (Bound Edition), Volume 149 (2003), Part 9]
[Extensions of Remarks]
[Pages 12741-12742]
[From the U.S. Government Publishing Office, www.gpo.gov]




           INTRODUCTION OF ENVIRONMENTAL JUSTICE ACT OF 2002

                                 ______
                                 

                            HON. MARK UDALL

                              of colorado

                    in the house of representatives

                        Wednesday, May 21, 2003

  Mr. UDALL of Colorado. Mr. Speaker, today I am again introducing the 
Environmental Justice Act of 2002. I am proud that my colleague 
Congresswoman Hilda Solis is once again joining me as an original 
cosponsor of this bill.
  Representative Solis and I first introduced this bill last year, too 
late for consideration in the 107th Congress. Its reintroduction today 
reflects our 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 inquiries 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 
     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

[[Page 12742]]

     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 inquiries 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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