Environmental Justice Act of 2012 (Introduced in Senate/House)
S./H.R.________

112th CONGRESS

2nd Session

S./H.R. ________  

To establish a program to ensure nondiscriminatory compliance with environmental, health, and safety laws, to ensure equal protection of the public health and to promote economic development in underdeveloped communities. To require Federal agencies to develop and implement policies and practices that promote environmental justice, and for other purposes.

  IN THE SENATE OF THE UNITED STATES

November___ (legislative day, November___), 2012

Mr./Ms________________ (for himself, Ms./Mr__________________, and Mr./Ms.__________________________) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works/Committee on Energy and Commerce 

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A BILL   To establish a program to ensure nondiscriminatory compliance with environmental, health, and safety laws, to ensure equal protection of the public health and to promote economic development in underdeveloped communities.  To require Federal agencies to develop and implement policies and practices that promote environmental justice, 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 2012'.

SEC. 2. FINDINGS.

The Congress finds that--

1. EPA does not have the authority to prevent the construction of a proposed polluting facility.  EPA does not have the authority to approve the construction of a proposed nonpolluting facility.  If subsequent to the issuance of an operating permit the EPA were to find a civil rights violation, the EPA would have no power to stop the operation or even to provide any other form of relief to the victimized community.
2. EPA's only remedy against an environmental civil rights violating state is to attempt to cut off financial assistance to the violating state.  EPA has never requested a cut-off of financial assistance to a state for such a violation.  Moreover, the cut off of such funds can only occur if the U.S. Congress does not object.
3. Courts have ruled that victims of environmental racial discrimination have no standing to privately enforce federal agency civil rights regulations.
4. A community may file a civil rights complaint with the EPA only after a state has already issued a permit to operate the facility being opposed.
5. Of the 130 environmental justice complaints filed by minority communities across the nation between 1992 and 2002, only four (4) have been fully investigated and EPA has ruled against all of those complainants.  And even if EPA ruled in favor of such complainants for an environmental civil rights violation, the agency would be powerless to provide any relief to the complaining community.
6. Although environmental and health data of toxic chemical releases are not routinely collected and analyzed by income and race, racial and ethnic minorities and lower income Americans may be disproportionately exposed to toxic chemicals in their residential and workplace environments.
7. Victims of civil rights discrimination may file a complaint with the EPA. (40 C.F.R. 7.120)
8. The EPA will accept environmental civil rights complaints but only after a State has granted an operating permit. (40 C.F.R. 7.120 (b)(2))
9. The EPA does not investigate whether State departments of environment are complying with its civil rights obligation. (40 C.F.R. 7.80)
10. The EPA cannot provide any effective relief to a civil rights complainant under its own regulations.
11. The sole relief available for victims of environmental civil rights violations is through a private action against a state if the community can prove intentional discrimination.  To date, no such action has been successful. [Examples]

SEC. 3. PURPOSES AND POLICIES.

The purposes of this Act are--

1. To provide a citizen lawsuit provision to allow potential victims of environmental race discrimination to enforce the EJA and the regulations promulgated thereunder.
2. To provide a citizen endorsement provision to allow potential beneficiaries of nonpolluting economic development to enforce the EJA and the regulations promulgated thereunder. 
3. To establish the criteria for determining potential violations and endorsements based on comparative community health statistics, comparative community pollution sources and comparative community economic development.
4. To address: a) acts of discrimination, b) existing comparative community health, c) existing comparative community pollution sources, d) existing comparative economic analyses and planned economic development and cumulative impacts.
5. To direct to accept and investigate all community complaints and recommendations related to development projects, whether filed before or after issuance of construction and operating permits.
6. To empower citizens, and EPA at the request of citizens, to obtain injunctions to prevent construction and operation of discriminatory polluting facilities and operations that violate the EJA regulations.  To empower citizens, and EPA at the request of citizens, to endorse the construction and operation of nondiscriminatory nonpolluting facilities and operations that do not violate EJA regulations.
7. To provide a definitive permitting process regarding demographics for citizens, developers, government agencies and investors. 
8. To direct the U.S. Environmental Protection Agency (EPA) to develop EJA regulations.
9. To establish a new EPA Office of Health Protection (OHP) to investigate community health statistics and to coordinate research and related activities with the following offices.
10. To expand the EPA Office of Environmental Justice (OEJ) to provide adequate staff and resources to investigate community pollution sources.
11. To direct the EPA National Center for Environmental Economics (NCEE) to investigate community economic impacts.
12. To establish the Office of Health Protection as the lead office for coordinating scientific research activities with OEJ and NCEE.  The OHP, in consultation with OEJ and NCEE, will develop criteria for establishing disparate community impacts related to proposed projects. These offices will provide appropriate outreach to the public, States, counties and cities to assure that they are aware of the availability of this service.  EPA, through the OHP, in consultation with OEJ and NCEE, will provide timely reports to communities requesting assistance in evaluating proposed facilities.
13. To rename and expand EPA's current Office of Children's Health Protection to the Office of Health Protection. the OHP would provide research and policy development to protect all vulnerable populations: children, low-income and disadvantaged minority communities and aging populations. The new OHP will also coordinate the 2002 Memorandum of Understanding (MOU) between the Department of Health and Human Services (HHS) and EPA on developing a nationwide environmental health tracking network.  The Office of Health Protection, in addition to collecting health statistics, will research, analyze, develop and provide to the public, requesting communities and individuals, the latest science policy information and decisions that impact the environment and health of minority and disadvantaged communities. The OHP, in consultation with NCEE, will also establish and maintain information that provides an objective basis for assessment of health effects by income and race;
14. To identify those areas with the largest releases of toxic chemicals to the air, land, water, and workplace. To identify those areas that are subject to the most severe loadings of toxic chemicals, through all media.
15. To require the collection of data on environmental health effects so that impacts on different individuals or groups can be understood. To assess the health effects that may be caused by emissions in those areas of highest environmental impact;
16. To ensure that groups or individuals residing within Affected Areas have the opportunity and the resources to participate in the technical process which will determine the possible existence of adverse health impacts;
17. To identify those activities in high environmental impact areas found to have significant adverse impacts on human health;
18. To incorporate environmental equity considerations into planning and implementation of all Federal environmental programs and statutes. To require that actions be taken by authorized Federal agencies to curtail those activities found to be having significant adverse impacts on human health in those areas of highest impact; and
19. To ensure that significant adverse health impacts that may be associated with environmental pollution in the United States are not distributed inequitably.
20. To focus Federal agency attention on the environmental and human health conditions in minority and low-income communities;
21. To ensure that all Federal agencies develop practices that promote environmental justice;
22. To increase cooperation and coordination among Federal agencies as they seek to achieve environmental justice;
23. To provide minority, low-income, and Native American communities greater access to public information and opportunity for participation in decisionmaking affecting human health and the environment;
24. To mitigate the inequitable distribution of the burdens and benefits of Federal programs having significant impact on human health and the environment; and
25. To hold Federal agencies accountable for the effects of their projects and programs on all communities.

SEC. 4. DEFINITIONS.

For the purposes of this Act:

(1) The term 'Administrator' means the Administrator of the United States Environmental Protection Agency.
(2) The term 'Affected Area' means any area determined by EPA, pursuant to other provisions of this Act, that suffers disproportionately from negative health, environmental or economic impacts.
(3) The term 'Protected Area' means any Affected Area protected by local community designation and supported by EPA analysis.
(4) The term 'Brownfield' means any previously developed and currently polluted area selected by local community designation and supported by EPA analysis that is targeted for redevelopment.
(5) The term 'Pollution Releasing Facility' (PRF) means any facility that is permitted on the following list: Comprehensive Environmental Response, Compensation and Liability Act of 1980 (CERCLA), Resource Conservation Recovery Act (RCRA-Large), Clean Air Act, Clean Water Act, Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), Emergency Planning and Community Right-to-Know Act of 1986 or any dangerous undocumented source of pollution that is determined by the local community and confirmed by EPA. Specifically, any facility:
(A) subject to reporting requirements under the Emergency Planning and Community Right-to-Know Act of 1986;
(B) that generates, treats, stores or disposes of a hazardous waste as defined in section 3001 of the Solid Waste Disposal Act;
(C) subject to section 112 or 129 of the Clean Air Act;
(D) subject to sections 307 or 311 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);
(E) subject to the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); or
(F) subject to the requirements concerning material safety data sheets for hazardous chemicals under the Occupational and Safety and Health Act of 1970 (15 U.S.C. 615 et seq.). For the purpose of this Act the term `toxic chemical facility' shall include any facility that releases a toxic chemical.

(6) The term 'Nonpollution Releasing Facility' (NRF) means any facility that is not permitted on the following list: CERCLA, RCRA (Large), Clean Air Act, Clean Water Act, FIFRA, Emergency Planning and Community Right-to-Know Act of 1986 or is not an undocumented source of pollution as determined by the local and confirmed by EPA.  An NRF does not  include specific items listed under Section 4, Part 5.
(7) The term `toxic chemicals' means--

(A) all hazardous substances as defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(14);

(B) all materials registered pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.);

(C) all chemicals subject to section 313 of the Emergency Planning and Community Right-to-Know Act of 1986;

(D) all contaminants identified in the Safe Drinking Water Act (42 U.S.C. 300g-1);

(E) all chemicals listed by the National Toxicology Program as known or probable human carcinogens; and

(F) all materials subject to the requirements concerning material safety data sheets for hazardous chemicals under the Occupational and Safety and Health Act of 1970 (15 U.S.C. 615 et seq.).

(8) The term `release' shall have the same meaning as used in section 101(22) of the Comprehensive Environmental Response, Compensation and Liability Act of 1990 as amended by the Superfund Amendments and Reauthorization Act of 1986, and shall also include any release which results in exposure to persons within a workplace.

(9) The term `toxic chemical facility' means any facility means any facility listed under Pollution Releasing Facility as defined in Sec. 4 (5).

(b) PUBLICATION OF LIST- Within twelve months after the date of enactment of this Act, the Administrator shall publish a list, in rank order, of the total demographic of illnesses, weight of toxic chemicals released in each county and level of economic development for the established geographic unit in the United States during the most recent five-year period for which data are available. If less than five years of data are available the Administrator shall use available data until further information is reported.

(c) COMPILATION OF LIST- (1) In compiling the list under subsection (a), the Administrator shall consider and utilize all appropriate and available data compiled pursuant to any health, environmental or economic regulatory authority and other sources, including available data on the presence of lead-based paint and toxic chemicals from mobile vehicles.

(2) For each appropriate geographic unit the Administrator shall calculate and compile in a data base--

(A) the total weight of toxic chemicals released into the ambient environment;

(B) the total weight of toxic chemicals released into each environmental media (air, water, land, workplace); and

(C) the total weight of each toxic chemical released into the ambient environment, and into each environmental media (air, water, land, workplace);

and whenever possible shall adjust the estimates of each of the items in subparagraphs (A) through (C) to account for the severity of health issues, toxicity of the toxic chemicals and level of economic development.

(3) Within six months after the date of enactment the Administrator shall review the methodology used to compile and summarize information collected under section 313 of the Emergency Planning and Community Right-to-Know Act, and publish for public comment any proposed changes to the methodology necessary to calculate and compile the information required in paragraph (1).

(4) The Administrator shall revise and republish the list described in subsection (c) by the date that is five years after the date of initial publication, and not less frequently than every five years thereafter, using data compiled during the preceding five-year period.

(d) AFFECTED AND NONAFFECTED AREAS- (1) Within twelve months after the date of enactment, and every five years thereafter, the Administrator shall publish a list of the one hundred counties or other appropriate geographic unit with the highest and lowest total illnesses, toxic chemical releases and economic development based on the list published in subsection (b). Such counties or other appropriate geographic unit shall be designated as `Affected or Nonaffected Areas'.

        SEC. 6. TECHNICAL ASSISTANCE GRANTS.

(a) IN GENERAL- Subject to appropriations, and in accordance with rules promulgated by the Secretary of Health and Human Services in consultation with the Administrator, the Secretary may award a grant to any individual or group of individuals who may be affected by a release or threatened release of a toxic chemical from any toxic chemical facility in an environmental high impact area.

(b) GRANT REQUIREMENTS- (1) A grant awarded under this section shall--

(A) be designed to facilitate access by representatives of environmental high impact areas to the activities that involve public participation under this Act and any other related law.

(B) be used to obtain technical assistance; and

(C) be in an amount not to exceed $50,000.

(2) Each grant recipient shall be required, as a condition of the grant, to pay a non-Federal share equal to 20 percent of the grant amount. The Administrator may waive the 20 percent contribution requirement if the grant recipient demonstrates financial need to the satisfaction of the Administrator. Not more than one grant may be made with respect to each environmental high impact area for the period of a grant (as determined by the Administrator). At the end of the period, a grant may be renewed if the Administrator determines that the renewal is necessary to facilitate public participation.

(3) Grants under this subsection shall be considered to be grants under section 117(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended by the Superfund Amendments and Reauthorization Act of 1986, and shall be funded in the same manner.

SEC. 7. PETITION RELATING TO ENVIRONMENTALLY DISADVANTAGED COMMUNITIES.

(a) RIGHT TO PETITION- (1) Any citizen residing in a State in which a new pollution releasing facility for the management of solid waste (including a new facility for the management of hazardous waste) is proposed to be constructed in an environmentally disadvantaged community may submit a petition to the appropriate entity (described in paragraph (2)) to prevent the proposed facility from being issued a permit to be constructed or to operate in that community.

(2) A petition under paragraph (1) shall be submitted in accordance with the following subparagraphs:

(A) In the case of a facility for the management of hazardous waste, the petition shall be submitted to the Administrator or, in the case of a State with an authorized program under section 3006, to the State.

(B) In the case of a facility for the management of municipal solid waste, the petition shall be submitted to the Administrator or, in appropriate cases, as determined under regulations implementing this section, to the State.

(2) Subject to paragraph (3), the EPA shall approve the petition if it is established that--

(A) the proposed facility will be located in a health, environmental or economically disadvantaged community; and

(B) the proposed facility may adversely affect--

(i) the human health of such community or a portion of such community; or

(ii) the air, soil, water, or other elements of the environment of such community or a portion of such community.

(3) After the petitioner has satisfied the requirement of paragraph (2), the EPA shall approve the petition only if the proponent(s) of the proposed facility establishes that --(A) there is no alternative location within the State for the proposed facility that poses fewer risks to human health and the environment than the proposed facility (according to standards for comparing the degree of risk to human health and the environment promulgated in regulations by the Administrator for purposes of this section); and(B) the proposed facility--

(i) will not release contaminants; or

(ii) will not engage in any activity that is likely to increase the cumulative impact of contaminants on any residents of the environmentally disadvantaged community; and

(iii) the project represents clear economic benefit to the community.

(4) ENDORSEMENT. If EPA has determined that there are no significant adverse impacts of environmental pollution on human health in a proposed area, and if a petitioner requests an advance designation of a proposed area, there shall be an endorsement on the siting or permitting of any new facility. A new facility may still be placed on the moratorium list if--

          (1) the activity, due to its nature, and as determined by EPA, could negatively affect health at some future date;

The endorsement shall continue in effect in such an area until the Administrator determines, upon petition of any interested party, that the health-based levels identified pursuant to Section 8 have not been maintained at the area due to the activities of the covered facility.

(5) If more than one petition relating to the same facility is submitted, the petitions may be consolidated by the appropriate official to promote the efficient resolution and disposition of the petitions.

SEC. 8. MORATORIUM.

If the report under Section 8 finds significant adverse impacts of environmental pollution on human health, environment or economy in Affected Area, there shall be a moratorium on the siting or permitting of any new toxic chemical facility in any Affected Area shown to emit toxic chemicals in quantities found to cause significant adverse impacts on human health. Such area shall be designated as a Protected Area. A new toxic chemical facility may be cited or permitted in such an Affected Area during this period only if--

(1) the need for the activity is approved by appropriate governing entity;

(2) the owner or operator of the facility demonstrates to EPA that the facility will develop a plan and maintain a comprehensive pollution prevention program; and

(3) the facility demonstrates to the appropriate governing entity that it will minimize uncontrolled releases into the environment.

The moratorium shall continue in effect in such a Protected Area until the Administrator determines, upon petition of any interested party, that the health-based levels identified pursuant to section 401(5) have been attained at the Affected Area.

SEC. 9. INTERAGENCY ENVIRONMENTAL JUSTICE WORKING GROUP.

(a) CREATION AND COMPOSITION- There is hereby established the Interagency Working Group on Environmental Justice, comprising the heads of the following executive agencies and offices, or their designees:
(1) The Department of Defense.
(2) The Department of Health and Human Services.
(3) The Department of Housing and Urban Development.
(4) The Department of Labor.
(5) The Department of Agriculture.
(6) The Department of Transportation.
(7) The Department of Justice;
(8) The Department of the Interior.
(9) The Department of Commerce.
(10) The Department of Energy.
(11) The Environmental Protection Agency.
(12) The Office of Management and Budget.
(13) The Office of Science and Technology Policy.
(14) The Office of the Deputy Assistant to the President for Environmental Policy.
(15) The Office of the Assistant to the President for Domestic Policy.
(16) The National Economic Council.
(17) The Council of Economic Advisers.
(18) Any other official of the United States that the President may designate.
(b) FUNCTIONS- The Working Group shall--
(1) provide guidance to Federal agencies on criteria for identifying disproportionately high and adverse human health or environmental effects on minority populations and low-income populations;
(2) coordinate with, provide guidance to, and serve as a clearinghouse for, each Federal agency as it develops or revises an environmental justice strategy as required by this Act, in order to ensure that the administration, interpretation and enforcement of programs, activities, and policies are undertaken in a consistent manner;
(3) assist in coordinating research by, and stimulating cooperation among, the Environmental Protection Agency, the Department of Health and Human Services, the Department of Housing and Urban Development, and other Federal agencies conducting research or other activities in accordance with section 7;
(4) assist in coordinating data collection, maintenance, and analysis required by this Act;
(5) examine existing data and studies on environmental justice;
(6) hold public meetings and otherwise solicit public participation and consider complaints as required under subsection (c);
(7) develop interagency model projects on environmental justice that evidence cooperation among Federal agencies; and
(8) in coordination with the Department of the Interior and after consultation with tribal leaders, coordinate steps to be taken pursuant to this Act that affect or involve federally-recognized Indian Tribes.
(c) PUBLIC PARTICIPATION- The Working Group shall--
(1) hold public meetings and otherwise solicit public participation, as appropriate, for the purpose of fact-finding with regard to implementation of this Act, and prepare for public review a summary of the comments and recommendations provided; and
(2) receive, consider, and in appropriate instances conduct inquiries concerning complaints regarding environmental justice and the implementation of this Act by Federal agencies.
(d) ANNUAL REPORTS- (1) Each fiscal year following enactment of this Act, the Working Group shall submit to the President, through the Office of the Deputy Assistant to the President for Environmental Policy and the Office of the Assistant to the President for Domestic Policy, a report that describes the implementation of this Act, including, but not limited to, a report of the final environmental justice strategies described in section 6 of this Act and annual progress made in implementing those strategies.
(2) The President shall transmit to the Speaker of the House of Representatives and the President of the Senate a copy of each report submitted to the President pursuant to paragraph (1).
(e) CONFORMING CHANGE- The Interagency Working Group on Environmental Justice established under Executive Order No. 12898, dated February 11, 1994, is abolished.

SEC. 10. FEDERAL AGENCY STRATEGIES.

(a) AGENCY-WIDE STRATEGIES- Each Federal agency shall develop an agency-wide environmental justice strategy that identifies and addresses disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations.

(b) REVISIONS- Each strategy developed pursuant to subsection (a) shall identify programs, policies, planning, and public participation processes, rulemaking, and enforcement activities related to human health or the environment that should be revised to--

(1) promote enforcement of all health and environmental statutes in areas with minority populations, low-income populations, or Native American populations;

(2) ensure greater public participation;

(3) improve research and data collection relating to the health of and environment of minority populations, low-income populations, and Native American populations; and

(4) identify differential patterns of use of natural resources among minority populations, low-income populations, and Native American populations.

(c) TIMETABLES- Each strategy developed pursuant to subsection (a) shall include, where appropriate, a timetable for undertaking revisions identified pursuant to subsection (b).

SEC. 11. FEDERAL ENVIRONMENTAL JUSTICE ADVISORY COMMITTEE.

(a) ESTABLISHMENT- There is established a committee to be known as the `Federal Environmental Justice Advisory Committee'.

(b) DUTIES- The Advisory Committee shall provide independent advice and recommendations to the Environmental Protection Agency and the Working Group on areas relating to environmental justice, which may include any of the following:

(1) Advice on Federal agencies' framework development for integrating socioeconomic programs into strategic planning, annual planning, and management accountability for achieving environmental justice results agency-wide.

(2) Advice on measuring and evaluating agencies' progress, quality, and adequacy in planning, developing, and implementing environmental justice strategies, projects, and programs.

(3) Advice on agencies' existing and future information management systems, technologies, and data collection, and the conduct of analyses that support and strengthen environmental justice programs in administrative and scientific areas.

(4) Advice to help develop, facilitate, and conduct reviews of the direction, criteria, scope, and adequacy of the Federal agencies' scientific research and demonstration projects relating to environmental justice.

(5) Advice for improving how the Environmental Protection Agency and others participate, cooperate, and communicate within that Agency and between other Federal agencies, State or local governments, federally recognized Tribes, environmental justice leaders, interest groups, and the public.

(6) Advice regarding the Environmental Protection Agency's administration of grant programs relating to environmental justice assistance (not to include the review or recommendations of individual grant proposals or awards).

(7) Advice regarding agencies' awareness, education, training, and other outreach activities involving environmental justice.

(c) ADVISORY COMMITTEE- The Advisory Committee shall be considered an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.).

(d) MEMBERSHIP- The Advisory Committee shall be composed of at least 25 members appointed by the President. Members shall include representatives of--

(1) community-based groups;

(2) industry and business;

(3) academic and educational institutions;

(4) State and local governments, federally recognized tribes, and indigenous groups; and

(5) nongovernmental and environmental groups.

(e) MEETINGS- The Advisory Committee shall meet at least twice annually. Meetings shall occur as needed and approved by the Director of the Office of Environmental Justice of the Environmental Protection Agency, who shall serve as the officer required to be appointed under section 10(e) of the Federal Advisory Committee Act (5 U.S.C. App.) with respect to the Committee (in this subsection referred to as the `Designated Federal Officer'). The Administrator of the Environmental Protection Agency may pay travel and per diem expenses of members of the Advisory Committee when determined necessary and appropriate. The Designated Federal Officer or a designee of such Officer shall be present at all meetings, and each meeting will be conducted in accordance with an agenda approved in advance by such Officer. The Designated Federal Officer may adjourn any meeting when the Designated Federal Officer determines it is in the public interest to do so. As required by the Federal Advisory Committee Act, meetings of the Advisory Committee shall be open to the public unless the President determines that a meeting or a portion of a meeting may be closed to the public in accordance with subsection (c) of section 552b of title 5, United States Code. Unless a meeting or portion thereof is closed to the public, the Designated Federal Officer shall provide an opportunity for interested persons to file comments before or after such meeting or to make statements to the extent that time permits.

(f) DURATION- The Advisory Committee shall remain in existence until otherwise provided by law.

        SEC. 12. HUMAN HEALTH AND ENVIRONMENTAL      RESEARCH, DATA COLLECTION AND ANALYSIS.

(a) DISPROPORTIONATE IMPACT- To the extent permitted by other applicable law, including section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974, the Administrator of the Environmental Protection Agency, or the head of such other Federal agency as the President may direct, shall collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, or income. To the extent practical and appropriate, Federal agencies shall use this information to determine whether their programs, policies, and activities have disproportionately high and adverse human health, environmental or economic effects on minority populations and low-income populations.

(b) INFORMATION RELATED TO NON-FEDERAL FACILITIES- In connection with the development and implementation of agency strategies in section 4, the Administrator of the Environmental Protection Agency, or the head of such other Federal agency as the President may direct, shall collect, maintain, and analyze information on the race, national origin, and income level, and other readily accessible and appropriate information, for areas surrounding facilities or sites expected to have a substantial environmental, human health, or economic effect on the surrounding populations, if such facilities or sites become the subject of a substantial Federal environmental administrative or judicial action.

(c) IMPACT FROM FEDERAL FACILITIES- The Administrator of the Environmental Protection Agency, or the head of such other Federal agency as the President may direct, shall collect, maintain, and analyze information on the race, national origin, and income level, and other readily accessible and appropriate information, for areas surrounding Federal facilities that are--

(1) subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act (42 U.S.C. 11001 et seq.) as mandated in Executive Order No. 12856; and

(2) expected to have a substantial environmental, human health, or economic effect on surrounding populations.

(d) INFORMATION SHARING- (1) In carrying out the responsibilities in this section, each Federal agency, to the extent practicable and appropriate, shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among Federal agencies and with State, local, and tribal governments.

(2) Except as prohibited by other applicable law, information collected or maintained pursuant to this section shall be made available to the public.

(e) PUBLIC COMMENT- Federal agencies shall provide minority populations and low-income populations the opportunity to participate in the development, design, and conduct of activities undertaken pursuant to this section.

Environmental Justice Act (Introduced in House)

HR 654 IH

108th CONGRESS

1st Session

H. R. 654  

To require the head of each Federal agency in the Department of the Interior to consider whether actions of the agency have any disparate impact on any member of a racial, ethnic, or religious minority.

IN THE HOUSE OF REPRESENTATIVES

February 7, 2003

Mr. ANDREWS introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL  

To require the head of each Federal agency in the Department of the Interior to consider whether actions of the agency have any disparate impact on any member of a racial, ethnic, or religious minority.

 

SECTION 1. SHORT TITLE.

This Act may be cited as the `Environmental Justice Act'.

SEC. 2. REQUIREMENT TO CONSIDER DISPARATE IMPACTS OF FEDERAL AGENCY ACTIONS.

The head of each Federal agency in the Department of the Interior shall--

(1) before authorizing, funding, or carrying out any action under any Federal law, consider whether the action will have any disparate impact on any member of a racial, ethnic, or religious minority; and

(2) in authorizing, funding, or carrying out any action under any Federal law, seek to limit such disparate impacts to the extent possible consistent with such law.

SEC. 3. ENFORCEMENT.

A violation of section 2 with respect to any individual who is a member of a racial, ethnic, or religious minority shall be treated as a deprivation of a right of the individual for purposes of section 1979 of the Revised Statutes (42 U.S.C. 1983).

SEC. 4. AGENCY DEFINED.

In this Act the term `agency' has the meaning given that term by section 551 of title 5, United States Code.

SEC. 5. APPLICATION.

(a) IN GENERAL- Except as provided in subsection (b), this Act applies to any agency action taken on or after the date of the enactment of this Act.

(b) LIMITATION- This Act does not apply to an agency action to the extent that there is involved a matter relating to agency management or personnel.

Environmental Equal Rights Act of 1993 (Introduced in House)
HR 1924 SC

103d CONGRESS

1st Session

H. R. 1924   To amend the Solid Waste Disposal Act to allow petitions to be submitted to prevent certain waste facilities from being constructed in environmentally disadvantaged communities.

  IN THE HOUSE OF REPRESENTATIVES

April 29, 1993

Mrs. COLLINS of Illinois introduced the following bill; which was referred to the Committee on Energy and Commerce

OCTOBER 13, 1993

Additional sponsors: Mr. LEWIS of Georgia, Mr. SERRANO, Mr. MFUME, Mr. MILLER of California, Mr. TOWNS, Mr. TORRES, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. FRANK of Massachusetts, Mr. GONZALEZ, Mr. JEFFERSON, Mr. THOMPSON of Mississippi, Mr. FILNER, Ms. MCKINNEY, Mr. GENE GREEN of Texas, Mrs. CLAYTON, Ms. NORTON, Mr. CLAY, Mr. DELLUMS, Ms. WATERS, Mr. FISH, Ms. VELAZQUEZ, Mr. RICHARDSON, Mr. PALLONE, Miss COLLINS of Michigan, Mr. RUSH, and Mr. Dixon

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A BILL   To amend the Solid Waste Disposal Act to allow petitions to be submitted to prevent certain waste facilities from being constructed in environmentally disadvantaged communities.

  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 Equal Rights Act of 1993'.

SEC. 2. FINDINGS.

The Congress finds the following:

(1) A 1987 study by the United Church of Christ found that the proportion of minorities in communities with large commercial landfills or a high number of commercial waste facilities was 3 times greater than in communities without such facilities.

(2) The same United Church of Christ study found that approximately 60 percent of African- and Hispanic-Americans live in a community that has an uncontrolled hazardous waste site.

(3) An Environmental Protection Agency report released in 1992 found that racial minority and low-income populations experience higher than average exposures to selected air pollutants and hazardous waste facilities.

(4) A 1983 analysis by the General Accounting Office found that, in the southeastern United States, 3 of the 4 commercial hazardous waste landfills were located in communities with more blacks than whites, and the percentage of residents near the sites with incomes below the poverty line ranged from 26 percent to 42 percent.

(5) A University of Michigan study released in 1990 found that minorities were 4 times more likely than whites to live within 1 mile of a commercial hazardous waste facility in the 3-county Detroit metropolitan area.

(6) A National Law Journal study found that penalties imposed for pollution law violations in areas predominantly populated by minorities were dramatically lower than those imposed for violations in largely white areas.

SEC. 3. PETITION RELATING TO ENVIRONMENTALLY DISADVANTAGED COMMUNITIES.

(a) AMENDMENT TO SUBTITLE G- Subtitle G of the Solid Waste Disposal Act (42 U.S.C. 6971 et seq.) is amended by adding at the end the following new section:

`SEC. 7014. PETITION RELATING TO ENVIRONMENTALLY DISADVANTAGED COMMUNITIES.

`(a) RIGHT TO PETITION- (1) Any citizen residing in a State in which a new facility for the management of solid waste (including a new facility for the management of hazardous waste) is proposed to be constructed in an environmentally disadvantaged community may submit a petition to the appropriate entity (described in paragraph (2)) to prevent the proposed facility from being issued a permit to be constructed or to operate in that community.

`(2) A petition under paragraph (1) shall be submitted in accordance with the following subparagraphs:

`(A) In the case of a facility for the management of hazardous waste, the petition shall be submitted to the Administrator or, in the case of a State with an authorized program under section 3006, to the State.

`(B) In the case of a facility for the management of municipal solid waste, the petition shall be submitted to the Administrator or, in appropriate cases, as determined under regulations implementing this section, to the State.

`(b) AGENCY HEARING- (1) Within a reasonable period of time after receipt of a petition under subsection (a), the Administrator or the State shall hold a public hearing on the petition. An administrative law judge of the Environmental Protection Agency or an equivalent employee of the State, in the case of a petition submitted to the State, shall preside at the hearing.

`(2) Subject to paragraph (3), the administrative law judge or State employee shall approve the petition if, at the hearing, the petitioner establishes that--

`(A) the proposed facility will be located in an environmentally disadvantaged community; and

`(B) the proposed facility may adversely affect--

`(i) the human health of such community or a portion of such community; or

`(ii) the air, soil, water, or other elements of the environment of such community or a portion of such community.

`(3) After the petitioner has satisfied the requirement of paragraph (2), the administrative law judge or State employee shall deny the petition only if, at the hearing, the proponent of the proposed facility establishes that --

`(A) there is no alternative location within the State for the proposed facility that poses fewer risks to human health and the environment than the proposed facility (according to standards for comparing the degree of risk to human health and the environment promulgated in regulations by the Administrator for purposes of this section); and

`(B) the proposed facility--

`(i) will not release contaminants; or

`(ii) will not engage in any activity that is likely to increase the cumulative impact of contaminants on any residents of the environmentally disadvantaged community.

`(c) ADMINISTRATIVE PROVISIONS- (1) The submission of a petition under subsection (a) stays the issuance of a permit for the facility concerned until a decision on the petition has been rendered under subsection (b).

`(2) If more than one petition relating to the same facility is submitted, the petitions may be consolidated by the appropriate official to promote the efficient resolution and disposition of the petitions.

`(d) DEFINITIONS- For purposes of this section:

`(1) The term `environmentally disadvantaged community' means an area within 2 miles of the borders of a site on which a facility for the management of solid waste (including a facility for the management of hazardous waste) is proposed to be constructed and in which both of the following conditions are met, determined using the most recent data from the Bureau of the Census:

`(A)(i) The percentage of the population consisting of all individuals who are of African, Hispanic, Asian, Native American Indian, Pacific Island, or Native Alaskan ancestry is greater than either--

`(I) the percentage of the population in the State of all such individuals, or

`(II) the percentage of the population in the United States of all such individuals; or

`(ii)(I) twenty percent or more of the population consists of individuals who are living at or below the poverty line, or

`(II) the area has a per capita income of 80 percent or less of the national average,

for the most recent 12-month period for which statistics are available.

`(B) The area contains one or more of the following:

`(i) A facility for the management of hazardous waste that is in operation.

`(ii) A facility for the management of hazardous waste that is no longer in operation but that formerly accepted hazardous waste.

`(iii) A site at which a release or threatened release of hazardous substances (within the meaning of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980) has occurred.

`(iv) A facility for the management of municipal solid waste.

`(v) A facility whose owner or operator is required to submit a toxic chemical release form under section 313 of the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11023), if the releases reported on such form are likely to adversely affect the human health of the community or portion of the community, as determined by the entity that would be appropriate under subsection (a)(2) if a petition were filed with respect to the facility.

`(2) The term `management', when used in connection with solid waste (including hazardous waste), means treatment, storage, disposal, combustion, recycling, or other handling of solid waste, but does not include any activities that take place in a materials recovery facility or any other facility that prepares, transfers, or utilizes nonhazardous recyclable materials for purposes other than energy recovery.

`(3) The terms `release' and `contaminant' have the meanings prescribed by the Administrator for purposes of this section.'.

(b) TABLE OF CONTENTS AMENDMENT- The table of contents for subtitle G of such Act is further amended by adding at the end the following new item:

`Sec. 7014. Petition relating to environmentally disadvantaged communities.

SEC. 5. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS.

(a) DETERMINATION OF IMPACTED AREAS- Within six months after the date of enactment, the Administrator in consultation with the Agency for Toxic Substances and Disease Registry, the National Institute for Environmental Health Sciences, the National Center for Health Statistics and the Bureau of the Census, shall determine the most appropriate designation of Environmental High Impact Areas, either counties or other appropriate geographic unit.

(b) PUBLICATION OF LIST- Within twelve months after the date of enactment of this Act, the Administrator shall publish a list, in rank order, of the total weight of toxic chemicals released in each county or other appropriate geographic unit in the United States during the most recent five-year period for which data are available. If less than five years of data are available the Administrator shall use available data until further information is reported.

(c) COMPILATION OF LIST- (1) In compiling the list under subsection (a), the Administrator shall consider and utilize all appropriate and available data compiled pursuant to any environmental regulatory authority and other sources, including available data on the presence of lead-based paint and toxic chemicals from mobile vehicles.

(2) For each county or appropriate geographic unit the Administrator shall calculate and compile in a data base--

(A) the total weight of toxic chemicals released into the ambient environment;

(B) the total weight of toxic chemicals released into each environmental media (air, water, land, workplace); and

(C) the total weight of each toxic chemical released into the ambient environment, and into each environmental media (air, water, land, workplace);

and whenever possible shall adjust the estimates of each of the items in subparagraphs (A) through (C) to account for the toxicity of the toxic chemicals.

(3) Within six months after the date of enactment the Administrator shall review the methodology used to compile and summarize information collected under section 313 of the Emergency Planning and Community Right-to-Know Act, and publish for public comment any proposed changes to the methodology necessary to calculate and compile the information required in paragraph (1).

(4) The Administrator shall revise and republish the list described in subsection (c) by the date that is five years after the date of initial publication, and not less frequently than every five years thereafter, using data compiled during the preceding five-year period.

(d) ENVIRONMENTAL HIGH IMPACT AREAS- (1) Within twelve months after the date of enactment, and every five years thereafter, the Administrator shall publish a list of the one hundred counties or other appropriate geographic unit with the highest total toxic chemical releases based on the list published in subsection (b). Such counties or other appropriate geographic unit shall be designated as `Environmental High Impact Areas'.

(2)(A) To ensure that facilities with the highest potential for release of toxic chemicals are operating in compliance with all applicable environmental health and safety standards, the Administrator, and the Secretary of Labor, shall conduct compliance inspections of all toxic chemical facilities subject to their jurisdiction in Environmental High Impact Areas within two years after the date of enactment of this Act, and not less frequently than every two years thereafter.

(B) Notwithstanding the requirements in subparagraph (A), the Administrator or the Secretary of Labor may authorize any state or Indian tribe which has been delegated authority to administer any Federal law regulating a toxic chemical which authorizes the inspection of toxic chemical facilities for compliance with applicable Federal environmental laws, to conduct such inspections in lieu of the Administrator or the Secretary of Labor.

(3) Within twenty-four months after the date of enactment of this Act, the Secretary of Health and Human Services, in consultation with the Administrator, the Secretary of Labor, the Bureau of Indian Affairs, and the Commissioners of the United States Commission on Civil Rights, shall issue for public comment a report identifying the nature and extent, if any, of acute and chronic impacts on human health in Environmental High Impact Areas from exposure to toxic chemicals. Such impacts shall include incidence of cancer, birth deformities, infant mortality rates, and respiratory diseases. Such report shall include a comparison of the health impact from exposure to toxic chemicals in Environmental High Impact Areas with other counties in the United States. The report shall be coordinated by the Administrator of the Agency for Toxic Substances Disease Registry of the Department of Health and Human Services, and in coordinating the report, the Administrator of the Agency for Toxic Substances and Disease Registry shall seek to--

(A) isolate the impacts of environmental pollution;

(B) segregate the effects of other factors such as health care availability or substance abuse;

(C) rank the relative risks posed by the toxic chemicals present in Environmental High Impact Areas and by the varied sources of toxic chemicals both individually and cumulatively;

(D) take into account the need to remedy the impacts of such toxic chemicals in high population density areas;

(E) evaluate the levels below which release of toxic chemicals, either individually or cumulatively, must be reduced to avoid adverse impacts on human health; and

(F) determine the impacts of maintaining toxic chemical releases at the current levels.

(4) If the report under paragraph (3) identifies significant adverse impacts from exposure to toxic chemicals on human health in Environmental High Impact Areas as a group, the President shall submit to Congress within one year after publication of the report, proposed administrative and legislative changes to remedy and prevent such impacts, including--

(A) the addition of facilities or chemicals to be subject to reporting requirements of the Emergency Planning and Community Right-to-Know Act of 1986, or a reduction in threshold quantities of chemicals that trigger reporting requirements under such Act;

(B) the regulation of toxic chemicals not subject to Federal law based on a statutory or administrative exemption; and

(C) the imposition of additional regulatory measures for toxic chemical facilities in an Environmental High Impact Area, such as emissions fees, source reduction requirements, or restrictions on toxic chemical releases.

SEC. 6. REDUCTION OF TOXIC CHEMICALS

If the report under section 4(d)(3) identifies significant adverse impacts on human health from exposure to toxic chemicals in an Environmental High Impact Area, the Administrator shall promulgate regulations applicable to any Federal permit for construction or modification of a toxic chemical facility in that area. Such regulations shall require a net reduction in the release of any toxic chemical determined to cause such significant adverse impacts on human health in that area.

SEC. 7. TECHNICAL ASSISTANCE GRANTS.

(a) IN GENERAL- Subject to appropriations, and in accordance with rules promulgated by the Secretary of Health and Human Services in consultation with the Administrator, the Secretary may award a grant to any individual or group of individuals who may be affected by a release or threatened release of a toxic chemical from any toxic chemical facility in an environmental high impact area.

(b) GRANT REQUIREMENTS- (1) A grant awarded under this section shall--

(A) be designed to facilitate access by representatives of environmental high impact areas to the activities that involve public participation under this Act and any other related law.

(B) be used to obtain technical assistance relating to the inspection and review authorities described in section 4(d)(2) and the study described in section 4(d)(3); and

(C) be in an amount not to exceed $50,000.

(2) Each grant recipient shall be required, as a condition of the grant, to pay a non-Federal share equal to 20 percent of the grant amount. The Administrator may waive the 20 percent contribution requirement if the grant recipient demonstrates financial need to the satisfaction of the Administrator. Not more than one grant may be made with respect to each environmental high impact area for the period of a grant (as determined by the Administrator). At the end of the period, a grant may be renewed if the Administrator determines that the renewal is necessary to facilitate public participation.

(3) Grants under this subsection shall be considered to be grants under section 117(e) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 as amended by the Superfund Amendments and Reauthorization Act of 1986, and shall be funded in the same manner.

Environmental Justice Act of 1993 (Introduced in Senate)
S 1161 IS

103d CONGRESS

1st Session

S. 1161   To establish a program to ensure nondiscriminatory compliance with environmental, health, and safety laws and to ensure equal protection of the public health.

  IN THE SENATE OF THE UNITED STATES

June 24 (legislative day, JUNE 22), 1993

Mr. BAUCUS (for himself, Ms. MOSELEY-BRAUN, and Mr. CAMPBELL) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

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A BILL   To establish a program to ensure nondiscriminatory compliance with environmental, health, and safety laws and to ensure equal protection of the public health.

  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 1993'.

SEC. 2. FINDINGS.

The Congress finds that--

(1) Toxic chemicals are being released in significant amounts into the environment. Over three billion five hundred million pounds of toxic releases were reported by approximately nineteen thousand six hundred industrial plants in 1990, under the Emergency Planning and Community Right-to-Know Act.

(2) Notwithstanding the benefits of the Emergency Planning and Community Right-to-Know Act, many toxic chemicals posing substantial health threats as a result of releases, are not being reported. The Emergency Planning and Community Right-to-Know Act excludes hundreds of chemicals listed as toxics under various environmental laws including: sixteen hazardous air pollutants, and five extremely hazardous substances listed in the 1990 Clean Air Act Amendments; one hundred and forty chemicals regulated as hazardous waste under the Resource Conservation and Recovery Act because of acute or chronic toxicity; over two hundred chemicals identified as known or probable human carcinogens by the EPA and the National Toxicology Program; sixty-nine special review pesticides identified under the Federal Insecticide, Fungicide and Rodenticide Act and hundreds of restricted use pesticides; and ninety reproductive toxins identified by the California Department of Health.

(3) Although environmental and health data of toxic chemical releases are not routinely collected and analyzed by income and race, racial and ethnic minorities and lower income Americans may be disproportionately exposed to toxic chemicals in their residential and workplace environments.

SEC. 3. PURPOSES AND POLICIES.

The purposes of this Act are--

(1) to establish and maintain information which provides an objective basis for assessment of health effects by income and race;

(2) to identify those areas with the largest releases of toxic chemicals to the air, land, water, and workplace;

(3) to assess the health effects that may be caused by emissions in those areas of highest environmental impact;

(4) to ensure that groups or individuals residing within High Environmental Impact Areas have the opportunity and the resources to participate in the technical process which will determine the possible existence of adverse health impacts;

(5) to identify those activities in high environmental impact areas found to have significant adverse impacts on human health; and

(6) to incorporate environmental equity considerations into planning and implementation of all Federal environmental programs and statutes.

SEC. 4. DEFINITIONS.

For the purposes of this Act:

(1) The term `Administrator' means the Administrator of the United States Environmental Protection Agency.

(2) The term `environmental high impact area' means any of the one hundred counties or appropriate geographic units with the highest total weight of toxic chemicals released during the most recent five-year period for which data is available, as calculated pursuant to section 4 of this Act.

(3) The term `toxic chemicals' means--

(A) all hazardous substances as defined in section 101(14) of the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (42 U.S.C. 9601(14);

(B) all materials registered pursuant to the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.);

(C) all chemicals subject to section 313 of the Emergency Planning and Community Right-to-Know Act of 1986;

(D) all contaminants identified in the Safe Drinking Water Act (42 U.S.C. 300g-1);

(E) all chemicals listed by the National Toxicology Program as known or probable human carcinogens; and

(F) all materials subject to the requirements concerning material safety data sheets for hazardous chemicals under the Occupational and Safety and Health Act of 1970 (15 U.S.C. 615 et seq.).

(4) The term `release' shall have the same meaning as used in section 101(22) of the Comprehensive Environmental Response, Compensation and Liability Act of 1990 as amended by the Superfund Amendments and Reauthorization Act of 1986, and shall also include any release which results in exposure to persons within a workplace.

(5) The term `toxic chemical facility' means any facility--

(A) subject to reporting requirements under the Emergency Planning and Community Right-to-Know Act of 1986;

(B) that generates, treats, stores or disposes of a hazardous waste as defined in section 3001 of the Solid Waste Disposal Act;

(C) subject to section 112 or 129 of the Clean Air Act;

(D) subject to sections 307 or 311 of the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.);

(E) subject to the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); or

(F) subject to the requirements concerning material safety data sheets for hazardous chemicals under the Occupational and Safety and Health Act of 1970 (15 U.S.C. 615 et seq.). For the purpose of this Act the term `toxic chemical facility' shall include any Federal facility that releases a toxic chemical.

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TITLE II--ENFORCEMENT INITIATIVES

SEC. 201. MANDATORY INSPECTIONS.

To assure that facilities with the highest potential for release of toxic chemicals into the environment are operating in compliance with all applicable environmental, health and safety standards, the Administrator, and the Assistant Secretary of the Occupational Safety and Health Administration shall conduct compliance inspections or reviews of all toxic chemical facilities in Environmental High Impact Areas subject to their respective jurisdictions within 2 years after the enactment of this Act, and not less than every 2 years thereafter.

TITLE III--COMMUNITY PARTICIPATION

SEC. 301. TECHNICAL ASSISTANCE GRANTS.

Subject to such amounts as may be appropriated and in accordance with rules promulgated by the Secretary in consultation with the Administrator, the Secretary may make grants available to any individual or group of individuals who may be affected by a release or threatened release from any toxic chemical facility in an EHIA. Such grants shall--

(1) be designed to facilitate access by representatives of EHIAs to the public participation provisions of this Act and other law;

(2) be used to obtain technical assistance relating to the inspection and review authorities listed in section 201 of this Act and the Secretarial study described in section 401 of this Act; and

(3) not exceed $50,000 for a single grant recipient.

Each grant recipient shall be required, as a condition of the grant, to contribute 20 percent of the total cost of the grant requested unless the grant recipient demonstrates financial need. Not more than one grant may be made with respect to each EHIA, but the grant may be renewed to facilitate public participation where necessary.

SEC. 302. FUNDING.

Within one year after the enactment of this Act, the Administrator shall promulgate regulations establishing a system of fees or assessments on toxic chemical facilities in EHIAs to substitute for appropriations as the funding mechanism for the community grant program established in section 301. The fees or assessments shall take into account the volume adjustments provided in section 102(c).

TITLE IV--IDENTIFICATION AND PREVENTION OF HEALTH IMPACTS

SEC. 401. SECRETARIAL STUDY.

Within 24 months after the enactment of this Act, the Secretary, in consultation with the Administrator, the Secretary of the Department of Labor, the Bureau of Indian Affairs, and the Commissioners of the United States Commission on Civil Rights, shall issue for public comment a report identifying the nature and extent, if any, of acute and chronic impacts on human health in EHIAs as compared to other counties. Such impacts shall include but not be limited to cancer, birth deformities, infant mortality rates, and respiratory diseases. The report shall be coordinated by the Administrator of the Agency for Toxic Substances Disease Registry, who shall work closely with the Directors of the National Institute for Environmental Health Sciences, the National Center for Health Statistics, and the Center for Disease Control, and shall seek to--

(1) isolate the impacts of environmental pollution;

(2) segregate the effects of other factors such as health care availability or substance abuse or diet;

(3) rank the relative risks posed by the toxic chemicals present in EHIAs and by the varied sources of toxic chemicals, both individually and cumulatively;

(4) take into account the need to remedy the impacts of pollution in high population density areas;

(5) evaluate the levels below which release of toxic chemicals, either individually or cumulatively, must be reduced to avoid adverse impacts on human health; and

(6) determine the impacts of uncontrolled releases.

As a result of the report in communities where the Administrator of the Agency for Toxic Substances Disease Registry has determined that adverse health impacts exist, the agency shall also make this information readily available to members of the community by providing information directly to the affected communities and tribal governments in the Environmental High Impact Areas about the release of toxic chemicals and the potential effects of such exposure.

SEC. 402. LEGISLATIVE RESPONSE.

(a) REPORT- If the report under section 401 identifies significant adverse impacts of environmental pollution on human health in EHIAs as a group, the President shall submit to Congress within one year after publication of the report, proposed legislation to remedy and prevent such impacts. Such legislation shall include--

(1) expansion of EPCRA to include additional facilities, additional chemicals, or reduced quantities of chemicals triggering reporting obligations;

(2) means to redress regulatory loopholes (such as recycling and industrial wastes exempt from regulation under subtitle C of the Solid Waste Disposal Act and wastes subject to lessened regulatory requirements); and

(3) measures such as taxes on uncontrolled or controlled emissions, or restrictions on toxic chemical releasing activities within an EHIA to induce source reduction in EHIAs, regardless of whether facilities are in compliance with existing law.

(b) REPORT ON CHANGES AND RECOMMENDATIONS- Within 2 years after publication of the report, the Administrator shall provide a report to the Congress which identifies all of the changes made or recommended to be made to the Environmental Protection Agency's existing regulations, the purpose for each change and the goals to be achieved as a result of the substantive changes. The Administrator shall also advise Congress of the regulatory changes that were not made because of the presence of conflicting statutory mandates or the lack of statutory authority.

(c) PROPOSED LEGISLATION- Within 3 years after publication of the health impact study, the President shall submit to Congress proposed legislation to remedy the problems of conflicting statutory mandates or the lack of statutory authority identified in the report to Congress pursuant to subsection (b).

SEC. 403. MORATORIUM.

If the report under section 401 finds significant adverse impacts of environmental pollution on human health in EHIAs, there shall be a moratorium on the siting or permitting of any new toxic chemical facility in any EHIA shown to emit toxic chemicals in quantities found to cause significant adverse impacts on human health. A new toxic chemical facility may be cited or permitted in such an EHIA during this period only if--

(1) the need for the activity is shown to the Secretary;

(2) the owner or operator of the facility demonstrates that the facility will develop a plan and maintain a comprehensive pollution prevention program; and

(3) the facility demonstrates that it will minimize uncontrolled releases into the environment.

The moratorium shall continue in effect in such an EHIA until the Administrator determines, upon petition of any interested party, that the health-based levels identified pursuant to section 401(5) have been attained at the EHIA

Environmental Justice Act of 1992 (Introduced in House)
HR 2105 SC

103d CONGRESS

1st Session

H. R. 2105  

To establish a program to assure nondiscriminatory compliance with all environmental, health and safety laws and to assure equal protection of the public health.

May 12, 1993

Mr. LEWIS of Georgia (for himself, Ms. MCKINNEY, Mrs. COLLINS of Illinois, Mr. MILLER of California, Mr. TOWNS, Mr. SERRANO, Mr. STOKES, Ms. WATERS, Miss COLLINS of Michigan, Ms. NORTON, Mr. HOCHBRUECKNER, Mr. CLYBURN, Mr. CONYERS, Mr. PETERSON of Minnesota, Mr. EDWARDS of California, Mr. FILNER, Mr. FOGLIETTA, Mr. DELLUMS, Mrs. CLAYTON, Mrs. MINK, Ms. VELAZQUEZ, Mr. WASHINGTON, Mr. THOMPSON, Ms. PELOSI, Mr. CLAY, and Mr. PAYNE of New Jersey) introduced the following bill; which was referred jointly to the Committees on Energy and Commerce, Public Works and Transportation, Education and Labor, and Agriculture

December 17, 1993

Additional sponsors: Mr. COLEMAN, Mr. EVANS, Mr. FROST, Mr. TORRES, Mr. ENGEL, Mr. RANGEL, Ms. ROYBAL-ALLARD, Mr. DIXON, Mr. OWENS, Mr. OLVER, and Mr. WYNN

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A BILL   To establish a program to assure nondiscriminatory compliance with all environmental, health and safety laws and to assure equal protection of the public health.

  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 1992'.

SEC. 2. PURPOSES AND POLICIES.

The purposes of this Act are--

(1) to require the collection of data on environmental health effects so that impacts on different individuals or groups can be understood;

(2) to identify those areas which are subject to the highest loadings of toxic chemicals, through all media;

(3) to assess the health effects that may be caused by emissions in those areas of highest impact;

(4) to ensure that groups or individuals residing within those areas of highest impact have the opportunity and the resources to participate in the technical process which will determine the possible existence of adverse health impacts;

(5) to require that actions be taken by authorized Federal agencies to curtail those activities found to be having significant adverse impacts on human health in those areas of highest impact; and

(6) to ensure that significant adverse health impacts that may be associated with environmental pollution in the United States are not distributed inequitably.

TITLE I--IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS

SEC. 101. DEFINITIONS.

For the purposes of this Act:

(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the United States Environmental Protection Agency.

(2) ENVIRONMENTAL HIGH IMPACT AREAS- The terms `Environmental High Impact Areas' and `EHIA' mean the 100 counties or appropriate geographic units with the highest total weight of toxic chemicals present during the course of the most recent 5-year period for which data is available, as calculated pursuant to section 102.

(3) SECRETARY- The term `Secretary' means the Secretary of the United States Department of Health and Human Services.

(4) TOXIC CHEMICALS- The term `toxic chemicals' includes all substances as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980; any hazardous waste listed or identified pursuant to the Solid Waste Disposal Act; any pollutant for which air quality standards have been issued pursuant to the Clean Air Act; any pollutant for which water quality standards have been issued pursuant to the Clean Water Act; all materials registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act; and all substances and chemicals subject to reporting obligations pursuant to the Emergency Planning and Community Right-to-Know Act.

(5) TOXIC CHEMICAL FACILITIES- The term `toxic chemical facilities' includes all facilities including Federal facilities subject to a permit, inspection or review, or registration requirement pursuant to the authority of the Solid Waste Disposal Act; the Clean Air Act; the Clean Water Act; the Federal Insecticide, Fungicide and Rodenticide Act; and the OSHA Hazard Communication Standard; as well as any facility subject to reporting obligations pursuant to the Emergency Planning and Community Right-to-Know Act.

SEC. 102. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS.

(a) DETERMINATION OF IMPACTED AREAS- Within 6 months after the date of enactment, the Administrator of the Agency for Toxic Substances and Disease Registry, in consultation with the Environmental Protection Agency, the National Institute for Environmental Health Sciences, the National Center for Health Statistics and the Bureau of the Census, shall determine the basis for designation of Environmental High Impact Areas, either counties or another appropriate geographic unit.

(b) PUBLICATION OF LIST- Within 12 months of enactment, the Administrator shall publish a list, in rank order, of the total weight of toxic chemicals present in each county or such appropriate geographic unit in the United States during the most recent five-year period for which data are available. The 100 counties or other appropriate geographic unit with the highest total weight shall be designated as Environmental High Impact Areas.

(c) COMPILATION OF LIST- In compiling the list under subsection (a), the Administrator shall--

(1) calculate with the best data available the total weight of toxic chemicals present in each county by multiplying the total volume of substances containing toxic chemicals (whether waste, process or other material) by the concentration of toxic chemicals contained in these substances;

(2) adjust the weights calculated under paragraph (1) to account for the relative toxicity of the toxic chemicals;

(3) determine, with the best available data, the actual and potential exposures, and toxicity of the toxic chemicals present in each impacted area;

(4) consider and utilize all appropriate data compiled pursuant to any environmental regulatory authority and other sources, including but not limited to available data on lead-based paint and the existence of pollutants from mobile sources; and

(5) distinguish between toxic chemicals which are (A) in a contained, controlled environment such as barrels, factories, warehouses, or lined landfills for any period of time during the 5-year period; and (B) released into the air, water, soil or groundwater of the area during the 5-year period as a result of authorized or unauthorized activities.

(d) METHODS- Within 6 months after the enactment of this Act, the Administrator in consultation with the Agency for Toxic Substances and Disease Registry shall publish for public comment the methods to be used to calculate the total weight of toxic chemicals in waste, process, or other materials, including the assumptions to be used when the precise concentrations of toxic chemicals are not known and the criteria used to account for relative toxicity, as required by subsection (b)(2).

(e) REVISION AND REPUBLICATION- The Administrator shall revise and republish the list described in subsection (a) of this section not less than every 5 years, using data compiled for that 5-year period.

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SEC. 5. MANDATORY INSPECTIONS.

To ensure that facilities with the highest potential for release of toxic chemicals into the environment are operating in compliance with all applicable environmental, health and safety standards, the Administrator, and the Secretary of Labor, acting through the Assistant Secretary for Occupational Safety and Health, shall conduct compliance inspections or reviews of all toxic chemical facilities in Environmental High Impact Areas subject to the jurisdiction of such individuals within 2 years after the date of enactment of this Act, and not less frequently than every 2 years thereafter.

SEC. 6. TECHNICAL ASSISTANCE GRANTS.

(a) IN GENERAL- Subject to appropriations, and in accordance with rules promulgated by the Secretary in consultation with the Administrator, the Secretary may award a grant to any individual or group of individuals who may be affected by a release or threatened release from any toxic chemical facility in an Environmental High Impact Area.

(b) GRANT REQUIREMENTS-

(1) IN GENERAL- A grant awarded under this section shall--

(A) be designed to facilitate access by representatives of Environmental High Impact Areas to the activities that involve public participation under this Act and any other related law;

(B) be used to obtain technical assistance relating to the inspection and review authorities described in section 5 and the study described in section 8; and

(C) be in an amount not to exceed $50,000.

(2) COST-SHARING- Each grant recipient shall be required, as a condition of the grant, to pay a non-Federal share equal to 20 percent of the grant amount, unless the grant recipient demonstrates financial need to the satisfaction of the Secretary. Not more than one grant may be made with respect to each Environmental High Impact Area for the period of a grant (as determined by the Secretary). At the end of the grant period, a grant may be renewed if the Administrator determines that the renewal is necessary to facilitate public participation.

SEC. 7. FUNDING.

Within one year after the date of enactment of this Act, the Administrator shall promulgate regulations establishing a system of user fees or assessments on toxic chemical facilities in Environmental High Impact Areas that shall be placed in a special fund to fully fund the community grant program established under section 6. There shall be transferred from such special fund to the Secretary such amounts as are necessary to carry out the community grant program. In establishing the fees or assessments, the Administrator shall take into account the volume adjustments provided in section 4(b).

SEC. 8. STUDY BY THE SECRETARY.

Within 24 months after the date of enactment of this Act, the Secretary, in consultation with the Administrator, the Secretary of Labor, and the Commissioners of the United States Commission on Civil Rights, shall issue for public comment a report identifying the nature and extent, if any, of acute and chronic impacts on human health in Environmental High Impact Areas, as compared to other counties. Such impacts shall include incidents of cancer, birth deformities, infant mortality rates, and respiratory diseases. The report shall be coordinated by the Administrator of the Agency for Toxic Substances Disease Registry of the Department of Health and Human Services, and in coordinating the report, the Administrator of the Agency for Toxic Substances Disease Registry shall seek to--

(1) isolate the impacts of environmental pollution;

(2) segregate the effects of other factors such as health care availability or substance abuse;

(3) rank the relative risks posed by the toxic chemicals present in Environmental High Impact Areas and by the varied sources of toxic chemicals, both individually and cumulatively;

(4) take into account the need to remedy the impacts of pollution in high population density areas;

(5) evaluate the levels below which release of toxic chemicals, either individually or cumulatively, must be reduced to avoid adverse impacts on human health; and

(6) determine the impacts of uncontrolled releases.

SEC. 9. LEGISLATIVE RESPONSE.

If the report under section 8 identifies significant adverse impacts of environmental pollution on human health in Environmental High Impact Areas as a group, the President shall submit to Congress within one year after publication of the report, proposed legislation to remedy and prevent such impacts. Such legislation shall include--

(1) expansion of the Emergency Planning and Community Right-To-Know Act of 1986 to require additional facilities or chemicals to be subject to reporting requirements under such Act, or a reduction in threshold quantities of chemicals that trigger reporting requirements under such Act;

(2) a means to redress regulatory loopholes (such as recycling and industrial wastes exempt from regulation under subtitle C of the Solid Waste Disposal Act (42 U.S.C. 6921 et seq.) and wastes subject to reductions in regulatory requirements); and

(3) measures such as taxes on uncontrolled or controlled emissions, or restrictions on toxic chemical releasing activities within an Environmental High Impact Area to induce source reduction in such area, regardless of whether facilities are in compliance with other existing laws.

SEC. 10. MORATORIUM.

(a) IN GENERAL- If the report under section 8 identifies significant adverse impacts of environmental pollution on human health in Environmental High Impact Areas, there shall be a moratorium on the siting or permitting of any new toxic chemical facility in any Environmental High Impact Area demonstrated to emit toxic chemicals in quantities determined to cause significant adverse impacts on human health.

(b) EXCEPTION- A new toxic chemical facility may be sited or receive a permit in an Environmental High Impact Area during this period only if--

(1) the need for the activity is demonstrated to the satisfaction of the Secretary; and

(2) the owner or operator of the facility demonstrates that the facility will minimize uncontrolled releases into the environment.

(c) DURATION- With respect to any Environmental High Impact Area, a moratorium under this section shall continue in effect until such time as the Administrator determines, on the petition of any interested party, that the health-based levels identified pursuant to section 8(5) have been attained at the Environmental High Impact Area.

S 2806 IS

102d CONGRESS

2d Session

S. 2806   To establish a program to ensure nondiscriminatory compliance with environmental, health, and safety laws and to ensure equal protection of the public health.

  IN THE SENATE OF THE UNITED STATES

June 3 (legislative day, MARCH 26), 1992

Mr. GORE introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works

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A BILL   To establish a program to ensure nondiscriminatory compliance with environmental, health, and safety laws and to ensure equal protection of the public health.

  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 1992'.

SEC. 2. PURPOSES AND POLICIES.

The purposes of this Act are--

(1) to require the collection of data on environmental health effects so that impacts on different individuals or groups can be understood;

(2) to identify those areas which are subject to the highest loadings of toxic chemicals, through all media;

(3) to assess the health effects that may be caused by emissions in those areas of highest impact;

(4) to ensure that groups or individuals residing within those areas of highest impact have the opportunity and the resources to participate in the technical process which will determine the possible existence of adverse health impacts;

(5) to require that actions be taken by authorized Federal agencies to curtail those activities found to be having significant adverse impacts on human health in those areas of highest impact; and

(6) to ensure that significant adverse health impacts that may be associated with environmental pollution in the United States are not distributed inequitably.

SEC. 3. DEFINITIONS.

For the purposes of this Act:

(1) ADMINISTRATOR- The term `Administrator' means the Administrator of the United States Environmental Protection Agency.

(2) ENVIRONMENTAL HIGH IMPACT AREAS- The term `Environmental High Impact Area' means any of the 100 counties with the highest total weight of toxic chemicals present during the course of the most recent 5-year period for which data is available, as calculated pursuant to section 4.

(3) SECRETARY- The term `Secretary' means the Secretary of Health and Human Services.

(4) TOXIC CHEMICALS- The term `toxic chemicals' includes all hazardous substances as defined in section 101(14) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601(14); any pollutant for which air quality standards have been issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.); any pollutant for which water quality standards have been issued pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); all materials registered pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136 et seq.); and all substances and chemicals subject to reporting obligations pursuant to the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.).

(5) TOXIC CHEMICAL FACILITIES- The term `toxic chemical facilities' includes all facilities (including Federal facilities) subject to a permit, inspection or review, or registration requirement pursuant to the authority of the Solid Waste Disposal Act (42 U.S.C. 6901 et seq.); the Clean Air Act (42 U.S.C. 7401 et seq.); the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.); the Federal Insecticide, Fungicide and Rodenticide Act (7 U.S.C. 136 et seq.); and or which are subject to the requirements concerning material safety data sheets for hazardous chemicals under the Occupational and Safety and Health Act of 1970 (15 U.S.C. 651 et seq.), and any facility subject to reporting requirements under the Emergency Planning and Community Right-To-Know Act of 1986 (42 U.S.C. 11001 et seq.).

SEC. 4. IDENTIFICATION OF ENVIRONMENTAL HIGH IMPACT AREAS.

(a) PUBLICATION OF LIST- Within 9 months after the date of enactment of this Act, the Administrator shall publish a list, in rank order, of the total weight of toxic chemicals present in each county in the United States during the most recent 5-year period for which data are available. The 100 counties with the highest total weight shall be designated as Environmental High Impact Areas.

(b) COMPILATION OF LIST- In compiling the list under subsection (a), the Administrator shall--

(1) calculate, with the best available data, the total weight of toxic chemicals present in each county by --

(A) multiplying the total volume of each substance containing toxic chemicals (whether waste, process or other material) by the concentration of toxic chemicals contained in the substances (expressed in terms of a relative weight of the substance); and

(B) adjusting the weights calculated under subparagraph (A) to account for the relative toxicity of the toxic chemicals;

(2) consider and utilize all appropriate data compiled pursuant to any environmental regulatory authority and other sources, including available data on lead-based paint and the existence of pollutants from mobile sources; and

(3) distinguish between toxic chemicals that are--

(A) in a contained, controlled environment such as barrels, factories, warehouses, or lined landfills for any period of time during the 5-year period; and

(B) released into the air, water, soil or ground water of the area during the 5-year period as a result of authorized or unauthorized activities.

(c) METHODS- Within 6 months after the date of enactment of this Act, the Administrator shall publish for public comment, the methods to be used to calculate the total weight of toxic chemicals in waste, process, or other materials, including the assumptions to be used when the precise concentrations of toxic chemicals are not known and the criteria used to account for relative toxicity, as required by subsection (b)(2).

(d) REVISION AND REPUBLICATION- The Administrator shall revise and republish the list described in subsection (a) by the date that is 5 years after the date of initial publication, and not less frequently than every 5 years thereafter, using data compiled for the applicable 5-year period.

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(c) Public Participation- The Working Group shall--

(1) hold public meetings and otherwise solicit public participation, as appropriate, for the purpose of fact-finding with regard to implementation of this Act, and prepare for public review a summary of the comments and recommendations provided; and

(2) receive, consider, and in appropriate instances conduct inquiries concerning complaints regarding environmental justice and the implementation of this Act by Federal agencies.

(d) Annual Reports- (1) Each fiscal year following enactment of this Act, the Working Group shall submit to the President, through the Office of the Deputy Assistant to the President for Environmental Policy and the Office of the Assistant to the President for Domestic Policy, a report that describes the implementation of this Act, including, but not limited to, a report of the final environmental justice strategies described in section 6 of this Act and annual progress made in implementing those strategies.

(2) The President shall transmit to the Speaker of the House of Representatives and the President of the Senate a copy of each report submitted to the President pursuant to paragraph (1).

(e) Conforming Change- The Interagency Working Group on Environmental Justice established under Executive Order No. 12898, dated February 11, 1994, is abolished.

SEC. 5. FEDERAL AGENCY STRATEGIES.

(a) Agency-Wide Strategies- Each Federal agency shall develop an agency-wide environmental justice strategy that identifies and addresses disproportionally high and adverse human health or environmental effects or disproportionally low benefits of its programs, policies, and activities with respect to minority, low-income, and Native American populations.

(b) Revisions- Each strategy developed pursuant to subsection (a) shall identify programs, policies, planning, and public participation processes, rulemaking, and enforcement activities related to human health or the environment that should be revised to--

(1) promote enforcement of all health and environmental statutes in areas with minority, low-income, or Native American populations;

(2) ensure greater public participation;

(3) improve research and data collection relating to the health of and environment of minority, low-income, and Native American populations; and

(4) identify differential patterns of use of natural resources among minority, low-income, and Native American populations.

(c) Timetables- Each strategy developed pursuant to subsection (a) shall include, where appropriate, a timetable for undertaking revisions identified pursuant to subsection (b).

SEC. 6. FEDERAL ENVIRONMENTAL JUSTICE ADVISORY COMMITTEE.

(a) Establishment- There is established a committee to be known as the `Federal Environmental Justice Advisory Committee'.

(b) Duties- The Advisory Committee shall provide independent advice and recommendations to the Environmental Protection Agency and the Working Group on areas relating to environmental justice, which may include any of the following:

(1) Advice on Federal agencies' framework development for integrating socioeconomic programs into strategic planning, annual planning, and management accountability for achieving environmental justice results agency-wide.

(2) Advice on measuring and evaluating agencies' progress, quality, and adequacy in planning, developing, and implementing environmental justice strategies, projects, and programs.

(3) Advice on agencies' existing and future information management systems, technologies, and data collection, and the conduct of analyses that support and strengthen environmental justice programs in administrative and scientific areas.

(4) Advice to help develop, facilitate, and conduct reviews of the direction, criteria, scope, and adequacy of the Federal agencies' scientific research and demonstration projects relating to environmental justice.

(5) Advice for improving how the environmental protection agency and others participate, cooperate, and communicate within that agency and between other Federal agencies, State or local governments, federally recognized Tribes, environmental justice leaders, interest groups, and the public.

(6) Advice regarding the Environmental Protection Agency's administration of grant programs relating to environmental justice assistance (not to include the review or recommendations of individual grant proposals or awards).

(7) Advice regarding agencies' awareness, education, training, and other outreach activities involving environmental justice.

(c) Advisory Committee- The Advisory Committee shall be considered an advisory committee within the meaning of the Federal Advisory Committee Act (5 U.S.C. App.).

(d) Membership- The Advisory Committee shall be composed of at least 25 members appointed by the President. Members shall include representatives of--

(1) community-based groups;

(2) industry and business;

(3) academic and educational institutions;

(4) State and local governments, federally recognized tribes, and indigenous groups; and

(5) nongovernmental and environmental groups.

(e) Meetings- The Advisory Committee shall meet at least twice annually. Meetings shall occur as needed and approved by the Director of the Office of Environmental Justice of the Environmental Protection Agency, who shall serve as the officer required to be appointed under section 10(e) of the Federal Advisory Committee Act (5 U.S.C. App.) with respect to the Committee (in this subsection referred to as the `Designated Federal Officer'). The Administrator of the Environmental Protection Agency may pay travel and per diem expenses of members of the Advisory Committee when determined necessary and appropriate. The Designated Federal Officer or a designee of such Officer shall be present at all meetings, and each meeting will be conducted in accordance with an agenda approved in advance by such Officer. The Designated Federal Officer may adjourn any meeting when the Designated Federal Officer determines it is in the public interest to do so. As required by the Federal Advisory Committee Act, meetings of the Advisory Committee shall be open to the public unless the President determines that a meeting or a portion of a meeting may be closed to the public in accordance with subsection (c) of section 552b of title 5, United States Code. Unless a meeting or portion thereof is closed to the public, the Designated Federal Officer shall provide an opportunity for interested persons to file comments before or after such meeting or to make statements to the extent that time permits.

(f) Duration- The Advisory Committee shall remain in existence until otherwise provided by law.

SEC. 7. HUMAN HEALTH AND ENVIRONMENTAL RESEARCH, DATA COLLECTION AND ANALYSIS.

(a) Disproportionate Impact- To the extent permitted by other applicable law, including section 552a of title 5, United States Code, popularly known as the Privacy Act of 1974, the Administrator of the Environmental Protection Agency, or the head of such other Federal agency as the President may direct, shall collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, or income. To the extent practical and appropriate, Federal agencies shall use this information to determine whether their programs, policies, and activities have disproportionally high and adverse human health or environmental effects on, or disproportionally low benefits for, minority, low-income, and Native American populations.

(b) Information Related to Non-Federal Facilities- In connection with the development and implementation of agency strategies in section 4, the Administrator of the Environmental Protection Agency, or the head of such other Federal agency as the President may direct, shall collect, maintain, and analyze information on the race, national origin, and income level, and other readily accessible and appropriate information, for areas surrounding facilities or sites expected to have a substantial environmental, human health, or economic effect on the surrounding populations, if such facilities or sites become the subject of a substantial Federal environmental administrative or judicial action.

(c) Impact From Federal Facilities- The Administrator of the Environmental Protection Agency, or the head of such other Federal agency as the President may direct, shall collect, maintain, and analyze information on the race, national origin, and income level, and other readily accessible and appropriate information, for areas surrounding Federal facilities that are--

(1) subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act (42 U.S.C. 11001 et seq.) as mandated in Executive Order No. 12856; and

(2) expected to have a substantial environmental, human health, or economic effect on surrounding populations.

(d) Information Sharing- (1) In carrying out the responsibilities in this section, each Federal agency, to the extent practicable and appropriate, shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among Federal agencies and with State, local, and tribal governments.

(2) Except as prohibited by other applicable law, information collected or maintained pursuant to this section shall be made available to the public.

(e) Public Comment- Federal agencies shall provide minority, low-income, and Native American populations the opportunity to participate in the development, design, and conduct of activities undertaken pursuant to this section.

END

109th CONGRESS
1st Session

H. R. 427   To require Federal agencies to develop and implement policies and practices that promote environmental justice, and for other purposes.   IN THE HOUSE OF REPRESENTATIVES

January 26, 2005

Mr. UDALL of Colorado (for himself, Ms. SOLIS, and Mr. ANDREWS) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Resources, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

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A BILL   To require Federal agencies to develop and implement policies and practices that promote environmental justice, 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; PURPOSES.

(a) Short Title- This Act may be cited as the `Environmental Justice Act of 2005'.

(b) Purposes- The purposes of this Act are--

(1) to focus Federal agency attention on the environmental and human health conditions in minority, low-income, and Native American communities;

(2) to ensure that all Federal agencies develop practices that promote environmental justice;

(3) to increase cooperation and coordination among Federal agencies as they seek to achieve environmental justice;

(4) to provide minority, low-income, and Native American communities greater access to public information and opportunity for participation in decisionmaking affecting human health and the environment;

(5) to mitigate the inequitable distribution of the burdens and benefits of Federal programs having significant impact on human health and the environment; and

(6) to hold Federal agencies accountable for the effects of their projects and programs on all communities.

SEC. 2. DEFINITIONS.

For purposes of this Act:

(1) ENVIRONMENTAL JUSTICE- (A) The term `environmental justice' means the fair treatment of people of all races, cultures, and socioeconomic groups with respect to the development, adoption, implementation, and enforcement of laws, regulations, and policies affecting the environment.

(B) The term `fair treatment' means policies and practices that will minimize the likelihood that a minority, low-income, or Native American community will bear a disproportionate share of the adverse environmental consequences, or be denied reasonable access to the environmental benefits, resulting from implementation of a Federal program or policy.

(2) FEDERAL AGENCY- The term `Federal agency' means--

(A) each Federal entity represented on the Working Group;

(B) any other entity that conducts any Federal program or activity that substantially affects human health or the environment; and

(C) each Federal agency that implements any program, policy, or activity applicable to Native Americans.

(3) WORKING GROUP- The term `Working Group' means the interagency working group established by section 4.

(4) ADVISORY COMMITTEE- The term `the Advisory Committee' means the advisory committee established by section 6.

SEC. 3. ENVIRONMENTAL JUSTICE RESPONSIBILITIES OF FEDERAL AGENCIES.

(a) Environmental Justice Mission- To the greatest extent practicable, the head of each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority, low-income, and Native American populations in the United States and its territories and possessions, including the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Mariana Islands.

(b) Nondiscrimination- Each Federal agency shall conduct its programs, policies, and activities in a manner that ensures that such programs, policies, and activities do not have the effect of excluding any person or group from participation in, denying any person or group the benefits of, or subjecting any person or group to discrimination under, such programs, policies, and activities, because of race, color, national origin, or income.

(c) Environmental Analyses- (1) Each analysis of environmental effects of Federal actions required by the National Environmental Policy Act of 1969 (42 U.S.C. 321 et seq.) shall include analysis of the effects of such action on human health and any economic and social effects on minority, low-income, and Native American communities.

(2) So far as feasible, any environmental assessment, environmental impact statement, or record of decision prepared pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 321 et seq.) shall include measures to mitigate any significant and adverse environmental effects of proposed Federal actions on minority, low-income, and Native American communities.

(3) Each Federal agency shall provide opportunities for community input in processes under the National Environmental Policy Act of 1969 (42 U.S.C. 321 et seq.), including identifying potential effects and mitigation measures in consultation with affected communities and improving the accessibility of meetings, crucial documents, and notices.

SEC. 4. INTERAGENCY ENVIRONMENTAL JUSTICE WORKING GROUP.

(a) Creation and Composition- There is hereby established the Interagency Working Group on Environmental Justice, comprising the heads of the following executive agencies and offices, or their designees:

(1) The Department of Defense.

(2) The Department of Health and Human Services.

(3) The Department of Housing and Urban Development.

(4) The Department of Labor.

(5) The Department of Agriculture.

(6) The Department of Transportation.

(7) The Department of Justice;

(8) The Department of the Interior.

(9) The Department of Commerce.

(10) The Department of Energy.

(11) The Environmental Protection Agency.

(12) The Office of Management and Budget.

(13) The Office of Science and Technology Policy.

(14) The Office of the Deputy Assistant to the President for Environmental Policy.

(15) The Office of the Assistant to the President for Domestic Policy.

(16) The National Economic Council.

(17) The Council of Economic Advisers.

(18) Any other official of the United States that the President may designate.
(b) Functions- The Working Group shall--
(1) provide guidance to Federal agencies on criteria for identifying disproportionately high and adverse human health or environmental effects on minority, low-income, and Native American populations;
(2) coordinate with, provide guidance to, and serve as a clearinghouse for, each Federal agency as it develops or revises an environmental justice strategy as required by this Act, in order to ensure that the administration, interpretation and enforcement of programs, activities, and policies are undertaken in a consistent manner;
(3) assist in coordinating research by, and stimulating cooperation among, the Environmental Protection Agency, the Department of Health and Human Services, the Department of Housing and Urban Development, and other Federal agencies conducting research or other activities in accordance with section 7;
(4) assist in coordinating data collection, maintenance, and analysis required by this Act;
(5) examine existing data and studies on environmental justice;
(6) hold public meetings and otherwise solicit public participation and consider complaints as required under subsection (c);
(7) develop interagency model projects on environmental justice that evidence cooperation among Federal agencies; and
(8) in coordination with the Department of the Interior and after consultation with tribal leaders, coordinate steps to be taken pursuant to this Act that affect or involve federally-recognized Indian Tribes.
 

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Environmental Justice Act by Congressman Alcee Hastings (D-Fl)

108TH CONGRESS 2D SESSION     H. R.

To require Executive Order 12898 to remain in force until changed by law, to expand the definition of environmental justice, to direct each Federal agency to establish an Environmental Justice Office, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES Mr. HASTINGS of Florida introduced the following bill; which was referred to the Committee on

A BILL To require Executive Order 12898 to remain in force until changed by law, to expand the definition of environmental justice, to direct each Federal agency to establish an Environmental Justice Office, 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. EXECUTIVE ORDER 12898. The provisions of Executive Order 12898, dated February 11, 1994, pertaining to Federal actions to address environmental justice in minority populations and low-income populations, shall remain in force until changed by law. In carrying out such executive order, the provisions of this Act shall apply.

SEC. 2. ADDITIONAL PROVISIONS RELATING TO ENVIRONMENTAL JUSTICE.

(a)   DEFINITION OF ENVIRONMENTAL JUSTICE.—For purposes of Executive Order 12898, environmental justice is 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, regulations, and policies. Environmental justice seeks to ensure that minority and low-income communities have adequate access to public information relating to human health and environmental planning, regulations, and enforcement. Environmental justice ensures that no population, especially the elderly and children, are forced to shoulder a disproportionate burden of the negative human health and environmental impacts of pollution or other environmental hazard.

(b)   IDENTIFICATION AND PRIORITIZATION OF ENVIRONMENTAL JUSTICE COMMUNITIES.—For purposes of Executive Order 12898, criteria for defining an environmental justice community shall include demographic characteristics, such as percentages of minority and low-income residents within an area, as well as (1) health vulnerabilities, such as cancer mortality and incidence rate, infant mortality, low birth weight, asthma, and childhood lead poisoning; and (2) environmental conditions, such as facility density and proximity to Corrective Action/Superfund Sites, Enforcement Data (percent and number of uninspected facilities, percent and number of unaddressed violations, average and total penalty and air nonattainment status), emissions, attainment status, indoor air issues, 305b stream data, fish advisories, beach closings, and truck traffic

(c)    ESTABLISHMENT OF OFFICES OF ENVIRONMENTAL JUSTICE.—For purposes of Executive Order 12898, each of the following shall establish an Office of Environmental Justice: (1) Department of Health and Human Services. (2) Department of Housing and Urban Development. (3) Department of Defense.(4) Department of Labor. (5) Department of Agriculture. (6) Department of Transportation. (7) Department of Justice. (8) Department of the Interior. (9) Department of Commerce. (10) Department of Energy. (11) Environmental Protection Agency. (12) Office of Management and Budget. (13) Office of Science and Technology Policy. (14) Office of the Deputy Assistant to the President for Environmental Policy. (15) Office of the Assistant to the President for Domestic Policy. (16) National Economic Council. (17) Council of Economic Advisers. (18) Such other Government officials as the President may designate.

(d)   INTEGRATION OF ENVIRONMENTAL JUSTICE POLICIES IN AGENCY ACTIONS.—For purposes of the environmental justice strategies developed by agencies under Executive Order 12898, each agency shall integrate the strategy into the operation and mission of the agency and explicitly address compliance with this Act, including in the following activities: (1) Future rulemaking activities. (2) The development of any future guidance, environmental reviews (including NEPA, CAA, Federal Land Policy Act), regulation, or procedures for Federal agency programs, policies, or activities that affect human health or the environment.

(e)   INTERAGENCY FEDERAL WORKING GROUP COORDINATION AND GUIDANCE.—The interagency Federal Working Group on Environmental Justice (in this section referred to as the ‘‘Working Group’’) shall— (1) coordinate an integrated environmental justice training plan for the Federal agencies and offices listed in subsection (c); (2) formalize public participation efforts; (3) survey the Federal agencies and offices to determine what is effective and how to best facilitate (4) develop a strategy for allocating responsibilities and ensuring participation, even when faced with competing agency priorities; and 16 (5) coordinate plans to communicate research results so reporting and outreach activities produce more useful and timely information.

(f)      AGENCY PUBLIC PARTICIPATION EFFORTS (1) OUTREACH EFFORTS.—Each Federal agency listed in subsection (c) shall carry out and report outreach activities to the Working Group, including the following: (A) Respond directly to inquiries from the public and other stakeholders. (B) Maintain websites and listservers. (C) Produce and distribute hardcopy documents and multimedia products. (D) Conduct or sponsor briefings, lectures, and press conferences. (E) Testify before Congress or other government bodies. (F) Finance scholarships, fellowships, and internships. (G) Support museum exhibits and other public displays. (H) Sponsor, participate, or otherwise contribute to meetings attended by stakeholders. (I) Provide scientifically-sound content for K–12 education activities; and (J) fund outreach efforts managed outside the Federal Government. (2) STAKEHOLDERS.—To ensure their active public participation and to provide input early in environmental decision-making, Federal agencies along with the Working Group shall develop ways to enhance partnerships and coordination with stakeholders, including affected communities, Federal, Tribal, State, and local governments, environmental organizations, nonprofit organizations, academic institutions (including Historically Black Colleges and Universities (HBCUs), Hispanic Serving Institutions (HSIs), and Tribal Colleges), and business and industry.

(g)   COMMUNITY TECHNOLOGY CENTERS.—7 (1) IN GENERAL.—Federal agencies shall fund community technology centers to assist with technical assistance issues in the environmental justice area. (2) DESCRIPTION.—In this subsection, the term ‘‘community technology center’’ (CTC) refers to programs with the goal of providing at least 10 hours of open access a week for anyone in a community, especially youth and adults in low-income urban and rural communities, for purposes of providing technical assistance to communities experiencing issues of environmental hazards. (3) LOCATION.—A community technology center may be located in places such as libraries, community centers, schools, churches, social service agencies, low-income residential housing complexes, and Minority Academic Institutions (such as Historically Black Colleges and Universities, Hispanic Serving Institutions, and Tribal Colleges). (4) ACTIVITIES OF COMMUNITY TECHNOLOGY CENTER.—A community technology center funded under this section shall— (A) assist community members in becoming active participants in cleanup and environmental development activities; (B) provide independent and credible technical assistance to communities affected by hazardous waste contamination; (C) review and interpret technical documents and other materials; (D) sponsor workshops, short courses, and other learning experiences to explain basic science and environmental policy; (E) inform community members about existing technical assistance materials, such as publications, videos, and web sites; (F) offer training to community leaders in facilitation and conflict resolution among stake holders; and (G) create technical assistance materials tailored to the identified needs of a community.

EXECUTIVE ORDER

FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY POPULATIONS AND LOW-INCOME POPULATIONS

By the authority vested in me as President by the Constitution and the laws of the United States of America, it it hereby ordered as follows:

Section 1-1. Implementation.

1-101. Agency Responsibilities. To the greatest extent practicable and permitted by law, and consistent with the principles set forth in the report on the National Performance Review, each Federal agency shall make achieving environmental justice part of its mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of its programs, policies, and activities on minority populations and low-income populations in the United States and its territories and possessions, the District of Columbia, the Commonwealth of Puerto Rico, and the Commonwealth of the Mariana Islands.

1-102. Creation of an Interagency Working Group on Environmental Justice. (a) Within 3 months of the date of this order, the Administrator of the Environmental Protection Agency ("Administrator") or the Administrator's designee shall convene an interagency Federal Working Group on Environmental Justice ("Working Group"). The Working Group shall comprise the heads of the following executive agencies and offices, or their designees: (a) Department of Defense; (b) Department of Health and Human Services; (c) Department of Housing and Urban Development; (d) Department of Labor; (e) Department of Agriculture; (f) Department of Transportation; (g) Department of Justice; (h) Department of the Interior; (i) Department of Commerce; (j) Department of Energy; (k) Environmental Protection Agency; (l) Office of Management and Budget; (m) Office of Science and Technology Policy; (n) Office of the Deputy Assistant to the President for Environmental Policy; (o) Office of the Assistant to the President for Domestic Policy; (p) National Economic Council; (q) Council of Economic Advisers; and (r) other such Government officials as the President may designate. The Working Group shall report to the President through the Deputy through the Deputy Assistant to the President for Environmental Policy and the Assistant to the President for Domestic Policy.

(b) The Working Group shall: (1) provide guidance to Federal agencies on criteria for identifying disproportionately high and adverse human health or environmental effects on minority populations and low-income populations.

(2) coordinate with, provide guidance to, and serve as a clearinghouse for, each Federal agency as it develops an environmental justice strategy as required by section 1-103 of this order, in order to ensure that the administration, interpretation and enforcement of programs, activities and policies are undertaken in a consistent manner;

(3) assist in coordinating research by, and stimulating cooperation among, the Environmental Protection Agency, the Department of Health and Human Services, the Department of Housing and Urban Development, and other agencies conducting research or other activities in accordance with section 3-3 of this order;

(4) assist in coordinating data collection, required by this order;

(5) examine existing data and studies on environmental justice;

(6) hold public meetings as required in section 5-502(d) of this order; and

(7) develop interagency model projects on environmental justice that evidence cooperation among Federal agencies.

1-103. Development of Agency Strategies. (a) Except as provided in section 6-605 of this order, each Federal agency shall develop an agency-wide environmental justice strategy, as set forth in subsections (b)-(e) of this section that identifies and addresses disproportionately high and adverse human health or environmental effects of its programs, policies, or activities on minority populations and low-income populations. The environmental justice strategy shall list programs, policies, planning and public participation practices, enforcement and/or rulemakings related to human health or the environment that should be revised to, at a minimum: (1) promote enforcement of all health and environmental statutes in areas with minority populations and low-income populations; (2) ensure greater public participation; (3) improve research and data collection relating to the health of and environment of minority populations and low-income populations; and (4) identify differential patterns of consumption of natural resources among minority populations and low-income populations. In addition, the environmental justice strategy shall include, where appropriate, a timetable for undertaking identified revisions and consideration of economic and social implications of the revisions.

(b) Within 4 months of the date of this order, each Federal agency shall identify an internal administrative process for developing its environmental justice strategy, and shall inform the Working Group of the process.

(c) Within 6 months of the date of this order, each Federal agency shall provide the Working Group with an outline of its proposed environmental justice strategy.

(d) Within 10 months of the date of this order, each Federal agency shall provide the Working Group with its proposed environmental justice strategy.

(e) Within 12 months of the date of this order, each Federal agency shall finalize its environmental justice strategy and provide a copy and written description of its strategy to the Working Group. During the 12-month period from the date of this order, each Federal agency, as part of its environmental justice strategy, shall identify several specific projects that can be promptly undertaken to address particular concerns identified during the development of the proposed environmental justice strategy, and a schedule for implementing those projects.

(f) Within 24 months of the date of this order, each Federal agency shall report to the Working Group on its progress in implementing its agency-wide environmental justice strategy.

(g) Federal agencies shall provide additional periodic reports to the Working Group.

1-104. Reports to the President. Within 14 months of the date of this order, the Working Group shall submit to the President, through the Office of the Deputy Assistant to the President for Environmental Policy and the Office of the Assistant to the President for Domestic Policy, a report that describes the implementation of this order, and includes the final environmental justice strategies described in section 1-103(e) of this order.

Sec. 2-2. Federal Agency Responsibilities for Federal Programs. Each Federal agency shall conduct its programs, policies, and activities that substantially effect human health or the environment, in a manner that ensures that such programs, policies, and activities do not have the effect of excluding persons (including populations) from participation in, denying persons (including populations) the benefits of, or subjecting persons (including populations) to discrimination under, such programs, policies, and activities, because of their race, color, or national origin.

Sec. 3-3. Research, Data Collection, and Analysis.

3-301. Human Health and Environmental Research and Analysis. (a) Environmental human health research, whenever practicable and appropriate, shall include diverse segments of the population in epidemiological and clinical studies, including segments at high risk from environmental hazards, such as minority populations, low-income populations and workers who may be exposed to substantial environmental hazards.

(b) Environmental human health analyses, whenever practicable and appropriate, shall identify multiple and cumulative exposures.

(c) Federal agencies shall provide minority populations and low-income populations the opportunity to comment on the development and design of research strategies undertaken pursuant to this order.

3-302. Human Health and Environmental Data Collection and Analysis. To the extent permitted by existing law, including the Privacy Act, as amended (5 U.S.C. section 552a): (a) each Federal agency, whenever practicable and appropriate, shall collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, or income. To the extent practicable and appropriate, Federal agencies shall use this information to determine whether their programs, policies, and activities have disproportionately high and adverse human health or environmental effects on minority populations and low-income populations.

(b) In connection with the development and implementation of agency strategies in section 1-103 of this order, each Federal agency, whenever practicable and appropriate, shall collect, maintain and analyze information on the race, national origin, income level, and other readily accessible and appropriate information for areas surrounding facilities or sites expected to have a substantial environmental, human health, or economic effect on the surrounding populations, when such facilities or sites become the subject of a substantial Federal environmental administrative or judicial action. Such information shall be made available to the public, unless prohibited by law: and

(c) Each Federal agency, whenever practicable and appropriate, shall collect, maintain, and analyze information on the race, national origin, income level, and other readily accessible and appropriate information for areas surrounding Federal facilities that are: (1) subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act, 42 U.S.C. section 11001-11050 as mandated in Executive Order No. 12856; and (2) expected to have a substantial environmental, human health, or economic effect on surrounding populations.

(d) In carrying out the responsibilities in this section, each Federal agency, whenever practicable and appropriate, shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among Federal agencies and with States, local, and tribal governments.

Sec. 4-4. Subsistence Consumption of Fish and Wildlife.

4-401. Consumption Patterns. In order to assist in identifying the need for ensuring protection of populations with differential patterns of subsistence consumption of fish and wildlife, Federal agencies, whenever practicable and appropriate, shall collect, maintain, and analyze information on the consumption patterns of populations who principally rely on fish and/or wildlife for subsistence. Federal agencies shall communicate to the public the risk of those consumption patterns.

4-402. Guidance. Federal agencies, whenever practicable and appropriate, shall work in a coordinated manner to publish guidance reflecting the latest scientific information available concerning methods for evaluating the human health risks associated with the consumption of pollutant-bearing fish or wildlife. Agencies shall consider such guidance in developing their policies and rules.

Sec. 5-5. Public Participation and Access to Information. (a) The public may submit recommendations to Federal agencies relating to the incorporation of environmental justice principles into Federal agency programs or policies. Each Federal agency shall convey such recommendations to the Working Group.

(b) Each Federal agency may, whenever practicable and appropriate, translate crucial public documents, notices and hearings relating to human health or the environment for limited English-speaking populations.

(c) Each Federal agency shall work to ensure that public documents, notices, and hearings relating to human health or the environment are concise, understandable, and readily accessible to the public.

(d) The Working Group shall hold public meetings, as appropriate, for the purpose of fact-finding, receiving public comments, and conducting inquiries concerning environmental justice. The Working Group shall prepare for public review a summary of the contents and recommendations discussed at the public meetings.

Sec. 6-6. General Provisions.

6-601. Responsibility for Agency Implementation. The head of each Federal agency shall be responsible for ensuring compliance with this order. Each Federal agency shall conduct internal reviews and take such other steps as may be necessary to monitor compliance with this order.

6-602. Executive Order No. 12250. This Executive Order is intended to supplement but not supersede Executive Order No. 12250, which requires consistent and effective implementation of various laws prohibiting discriminatory practices in programs receiving Federal financial assistance. Nothing herein shall limit the effect or mandate of Executive Order No. 12250.

6-603. Executive Order No. 12875. This Executive Order is not intended to limit the effect or mandate of Executive Order No. 12875.

6-604. Scope. For the purposes of this order, Federal agency means any agency on the Working Group, and such other agencies as may be designated by the President, that conducts any Federal program or activity that substantially effects human health or the environment. Independent agencies are requested to comply with the provisions of this order.

6-605. Petitions for Exemptions. The head of a Federal agency may petition the President for an exemption from the requirements of this order on the grounds that all or some of the petitioning agency's programs or activities should not be subject to the requirements of this order.

6-606. Native American Programs. Each Federal agency responsibility set forth under this order shall apply equally to Native American programs. In addition, the Department of the Interior, in coordination with the Working Group, and after consultation with tribal leaders, shall coordinate steps to be taken pursuant to this order that address Federally-recognized Indian tribes.

6-607. Costs. Unless otherwise provided by law, Federal agencies shall assume the financial costs of complying with this order.

6-608. General. Federal agencies shall implement this order consistent with, and to the extent permitted by, existing law.

6-609. Judicial Review. This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any person. This order shall not be construed to create any right to judicial review involving the compliance or noncompliance of the United States, its agencies, its officers, or any other person with this order.

WILLIAM J. CLINTON

THE WHITE HOUSE

February 11, 1994.

# # #

First EJ Bill of the Session HR 654 by Robert E. Andrews (D-1NJ)                                                                                                                   
Environmental Justice Act (Introduced in House)

                             108th CONGRESS
                              1st Session          H. R. 654

To require the head of each Federal agency in the Department of the
Interior to consider whether actions of the agency have any disparate
impact on any member of a racial, ethnic, or religious minority.

                    IN THE HOUSE OF REPRESENTATIVES

                            February 7, 2003

Mr. ANDREWS introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on
Resources, for a period to be subsequently determined by the Speaker, in
each case for consideration of such provisions as fall within the
jurisdiction of the committee concerned

                                 A BILL

To require the head of each Federal agency in the Department of the
Interior to consider whether actions of the agency have any disparate
impact on any member of a racial, ethnic, or religious minority.

      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'.

SEC. 2. REQUIREMENT TO CONSIDER DISPARATE IMPACTS OF FEDERAL AGENCY ACTIONS.

      The head of each Federal agency in the Department of the Interior
      shall--
            (1) before authorizing, funding, or carrying out any action
            under any Federal law, consider whether the action will have
            any disparate impact on any member of a racial, ethnic, or
            religious minority; and
            (2) in authorizing, funding, or carrying out any action
            under any Federal law, seek to limit such disparate impacts
            to the extent possible consistent with such law.

SEC. 3. ENFORCEMENT.

      A violation of section 2 with respect to any individual who is a
      member of a racial, ethnic, or religious minority shall be treated
      as a deprivation of a right of the individual for purposes of
      section 1979 of the Revised Statutes (42 U.S.C. 1983).

SEC. 4. AGENCY DEFINED.

      In this Act the term `agency' has the meaning given that term by
      section 551 of title 5, United States Code.

SEC. 5. APPLICATION.

      (a) IN GENERAL- Except as provided in subsection (b), this Act
      applies to any agency action taken on or after the date of the
      enactment of this Act.

      (b) LIMITATION- This Act does not apply to an agency action to the
      extent that there is involved a matter relating to agency
      management or personnel.

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SEC. 6. ENVIRONMENTAL HEALTH RESEARCH.

(a) In General- The Secretary of Health and Human Services (referred to in this section as the `Secretary'), in collaboration with the Administrator of the Environmental Protection Agency, the Director of the Centers for Disease Control and Prevention, and the Director of the National Institutes of Health, shall expand and intensify environmental health research.

(b) Areas of Focus- The Secretary shall expand research on the following:

(1) The health effects of environmental toxins, which shall include expansion and intensification of biomonitoring, in order to--

(A) monitor the presence and concentration of designated chemicals;

(B) measure toxic chemical exposure levels by testing blood, tissue, saliva, exhaled breath, and urine samples from nationwide volunteers;

(C) identify the role of genetic and nongenetic susceptibility factors such as underlying disease rates, social demographics, psychosocial factors, community access to nutritional food and opportunities for recreational exercise, and other factors in modifying health outcomes from environmental pollutants; and

(D) determine the availability of and compliance with ethical guidelines when collecting samples and conducting research.

(2) The contribution of differential exposure to environmental toxicants and pollutants to racial, ethnic, age, gender, and socioeconomic position disparities in health.

(3) The methods to assess the cumulative risk of exposure or cumulative exposure to multiple pollutants from a variety of sources over time.

(4) The methods and tools to assess overall environmental community health, including--

(A) the presence, level, and type of environmental contaminants;

(B) the burden of disease and other health conditions;

(C) predisposing factors such as race, ethnicity, socioeconomic position, access to healthcare, geography, and cultural practices;

(D) available local health care resources; and

(E) other factors determined appropriate by the Secretary.

(c) State Biomonitoring Capacity-

(1) IN GENERAL- The Secretary, acting through the Director of the Centers for Disease Control and Prevention (referred to in this subsection as the `Director'), shall provide grants to States to enable the States to develop or expand the capacity of such States to conduct biomonitoring in order to, with respect to environmental toxicants and pollutants--

(A) detect and monitor exposure;

(B) assess or predict population and individual health risk as a result of exposure;

(C) develop and implement interventions to reduce exposure;

(D) evaluate the effectiveness of interventions to reduce exposure;

(E) monitor trends in exposure over time; and

(F) conduct other biomonitoring-related activities, as determined appropriate by the Director.

(2) REPORT- Each State that receives a grant under this subsection shall report to the Director and to the public, information on the biomonitoring findings and activities pursuant to paragraph (1).

(3) COORDINATION- The Director shall ensure, to the extent possible, that each State that receives a grant under this subsection demonstrates the--

(A) coordination and integration of biomonitoring activities throughout the State; and

(B) interoperability of data collection and reporting systems with neighboring States for the formation of regional networks.

(4) TECHNICAL ASSISTANCE- The Secretary, acting through the Director, shall directly or through grants or contracts, or both, provide technical assistance to States in the establishment and operation of the State biomonitoring system, including providing--

(A) training for environmental health personnel and for other appropriate personnel to develop environmental health leadership capacity at the State and local level, including investigative, diagnostic, analytical, risk communication, and response and prevention capabilities;

(B) assistance in improving relevant regional and State laboratory capacity and other activities to complement State and local investigative capabilities;

(C) assistance in establishing a computerized data collection, reporting, and processing system; and

(D) any other technical assistance the Secretary or Director determines to be necessary.

(5) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated to carry out this subsection $50,000,000 for fiscal year 2006 and such sums as may be necessary for the 4 succeeding fiscal years.

(d) Translation- The Secretary shall promote translation and dissemination of findings to--

(1) inform the public; and

(2) facilitate use by States and communities to address environmental health concerns.

(e) Integration of Efforts- The Secretary shall incorporate the data collected pursuant to this section with existing data collection efforts, including the following surveys and registries as appropriate:

(1) The National Electronic Disease Surveillance System.

(2) State birth defects surveillance systems.

(3) Surveillance Epidemiology and End Results and State cancer registries.

(4) State asthma surveillance systems.

(5) The National Health and Nutrition Examination Survey.

(6) The Behavioral Risk Factor Surveillance System.

(7) The Substance Release/Health Effects Database.

(8) State blood lead surveillance systems.

(9) The Hazardous Substances Emergency Events Surveillance System.

(10) The Health Alert Network.

(11) The National Hospital Discharge Survey.

(12) The National Ambulatory Medical Care Survey.

(13) The National Health Interview Survey.

(14) The Environmental Public Health Tracking Network.

(15) The National Report on Human Exposure to Environmental Chemicals.

(16) Other data and surveillance systems, registries, and surveys as considered appropriate by the Secretary and the Administrator of the Environmental Protection Agency.

SEC. 7. ENVIRONMENTAL HEALTH WORKFORCE DEVELOPMENT.

(a) In General- The Director of the Centers for Disease Control and Prevention, in collaboration with the Director of the National Institutes of Health and national and professional organizations, shall expand training and educational activities relating to environmental health and environmental justice for health professionals and public health practitioners, including those from health disparity populations.

(b) Authorization of Appropriations- There is authorized to be appropriated to carry out this section such sums as may be necessary.

SEC. 8. DEFINITIONS.

In this Act:

(1) ENVIRONMENTAL HEALTH- The term `environmental health', as defined by the World Health Organization, includes both the direct pathological effects of chemicals, radiation, and some biological agents, and the effects (often indirect) on health and well-being of the broad physical, psychological, social, and aesthetic environment.

(2) ENVIRONMENTAL JUSTICE- The term `environmental justice', as defined by the Environmental Protection Agency, includes the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies.

(3) HEALTH DISPARITY POPULATION- The term `health disparity population' means a health disparity population as described in section 485E(d) of the Public Health Service Act (42 U.S.C. 287c-31(d)).

(4) STATE- The term `State' means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, the Commonwealth of the Northern Mariana Islands, the Republic of the Marshall Islands, the Federated States of Micronesia, the Republic of Palau, and any Indian country (as defined in section 1151 of title 18, United States Code).

END

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SEC. 5. HEALTH ACTION ZONES.

(a) Purpose- The Secretary of Health and Human Services (referred to in this section as the `Secretary'), in collaboration with the Administrator of the Environmental Protection Agency, shall establish the Health Action Zone Program for comprehensive environmental health improvement activities.

(b) Health Action Zone Program-

(1) IN GENERAL- The Secretary shall award not less than 10 Health Action Zone Program grants to eligible communities each year. The duration of each grant shall be 5 years.

(2) ELIGIBLE COMMUNITIES-

(A) IDENTIFICATION- The Advisory Committee on Environmental Health, established under section 3, shall identify eligible communities under this section, pursuant to subparagraph (B), and report such identifications to the Secretary and the public.

(B) TYPES OF COMMUNITIES- Eligible communities under this section shall be communities that are most at risk, or at greatest disproportionate risk, for adverse health outcomes from environmental toxicants and pollutants, as measured by--

(i) proximity to sites with high levels of environmental toxicants or pollutants, or high levels of exposure to environmental toxicants or pollutants, including those that are--

(I) measured in the National Report on Human Exposure to Environmental Chemicals;

(II) man-made, natural, or biogenic; or

(III) in air, water, or soil;

(ii) burden of disease and health conditions that may be caused or exacerbated by environmental toxicants or pollutants;

(iii) level of community health and economic resources available; and

(iv) other factors determined appropriate by the Advisory Committee on Environmental Health.

(3) NOTIFICATION- The Secretary shall solicit applications for Health Action Zone Program grants from communities identified by the Advisory Committee on Environmental Health pursuant to paragraph (2).

(4) APPLICATIONS-

(A) IN GENERAL- An eligible community that desires to receive a Health Action Zone Program grant shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may require, including a strategic plan described in subparagraph (B) and a description of the community advisory board under subparagraph (C).

(B) STRATEGIC PLAN-

(i) IN GENERAL- An eligible community shall include in an application under subparagraph (A) a strategic plan that shall--

(I) describe the proposed activities pursuant to subsection (c);

(II) report the extent to which local institutions and organizations and community residents have participated in the strategic plan development;

(III) identify State, local, and private resources that will be available;

(IV) describe the private and public partnerships to be used, which may include partnerships with community-based organizations and advocacy groups, institutions of higher education, federally qualified health centers, academic medical centers, hospitals, health plans, public health departments, elected officials, and other public and private entities;

(V) identify Federal funding needed to support the proposed activities; and

(VI) report the baselines, methods, and benchmarks for measuring the success of activities proposed in the strategic plan, including health and environmental health outcomes and community engagement and participation.

(ii) TECHNICAL ASSISTANCE- The Secretary shall provide technical assistance, as needed, for the development and implementation of strategic plans in--

(I) the areas of--
(aa) public health;
(bb) environmental health;
(cc) environmental justice;
(dd) community-based participatory research;
(ee) health tracking, biomonitoring, and other relevant exposure technologies;
(ff) health and health care disparities; and
(gg) human disease genetics; and
(II) other areas determined appropriate by the Secretary.

(C) COMMUNITY ADVISORY BOARD-

(i) IN GENERAL- In order to receive a Health Action Zone Program grant under this section, a community shall have a community advisory board.

(ii) MEMBERS-

(I) FROM COMMUNITY- The majority of the members of a community advisory board under clause (i) shall be individuals that will benefit from the activities or services provided by the grants under this section.

(II) REPRESENTATIVES- A community advisory board shall include representatives from the respective State health department and county or local health department, community-based organizations, environmental and public health experts, health care professionals and providers, nonprofit leaders, community organizers, and elected officials.

(iii) DUTIES- A community advisory board shall--

(I) oversee the functions and operations of Health Action Zone Program grant activities;

(II) assist in the evaluation of such activities; and

(III) prepare an annual report that--
(aa) describes the progress towards achieving stated goals; and
(bb) recommends future courses of action.
(c) Use of Funds- An eligible community that receives a grant under this section may use the grant funding to--

(1) promote disease prevention and health promotion, particularly for health disparity populations;

(2) facilitate partnerships between health care providers, public and environmental health agencies, academic institutions, community based or advocacy organizations, elected officials, professional societies, and other stakeholder groups;

(3) enhance the local capacity for environmental health data collection and reporting, which may include using information from health tracking and biomonitoring;

(4) coordinate and integrate economic development, healthcare and social services, transportation, education, community, and physical development plans, as well as policymaking and other related activities at the local level to comprehensively address environmental health concerns;

(5) mobilize financial and other resources from the public and private sector to increase local capacity to address environmental health issues;

(6) build upon existing environmental and economic efforts to address contaminated sites through the Department of Health and Human Services, the Environmental Protection Agency, and other Federal and State programs that address public health and the environment;

(7) identify and assess factors relating to the historical contamination of the community, in order to mitigate ongoing or prevent future occurrences, including examining--

(A) the historical use of planning mechanisms such as zoning practices;

(B) noncompliance with environmental laws and public health codes; and

(C) abuse of extraterritorial jurisdiction or redlining;

(8) support the training of staff in communication and outreach to the general public, particularly those at disproportionate risk from environmental health hazards;

(9) assist eligible communities in meeting Healthy People 2010 objectives relating to environmental health; and

(10) aid eligible communities in developing environmental management systems to improve the processes and actions that an organization undertakes to meet its business and environmental goals.

(d) Planning Grant-

(1) IN GENERAL- At the discretion of the Secretary, an eligible community may receive a 1-time planning grant to--

(A) establish or strengthen State or local partnerships;

(B) identify Federal, State, or local resources;

(C) research promising health practices and models;

(D) develop a strategic plan for community intervention;

(E) create necessary data collection systems or linkages to facilitate baseline and follow-up data assessment and evaluation;

(F) engage target communities in all planning activities, including formation of a community advisory board; and

(G) prepare a Health Action Zone Program grant application.

(2) DURATION- The duration of each planning grant shall be 1 year.

(3) ELIGIBLE COMMUNITIES NOT RECEIVING PLANNING GRANTS- An eligible community that does not receive a planning grant under this subsection shall still be eligible to receive a Health Action Zone Program grant under this section.

(e) Evaluation-

(1) IN GENERAL- The Secretary, directly or through contract, shall conduct an evaluation of the Health Action Zone Program in order to determine success in achieving the purpose of such program.

(2) REPORTS- Findings from the evaluation under paragraph (1) shall be reported to Congress and the public annually.

(f) Supplement, Not Supplant- Grant funds received under this section shall be used to supplement, and not supplant, funding that would otherwise be used for activities described under this section.

(g) Priority- In awarding grants under this section, the Secretary--

(1) shall give priority to communities that do not have sites already listed on the National Priorities List for which remediation activities are actively ongoing, as determined by the Environmental Protection Agency; and

(2) may give priority to empowerment zones and enterprise communities designated pursuant to section 1391 of the Internal Revenue Code of 1986.

(h) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $50,000,000 for fiscal year 2006 and $50,000,000 for each of the fiscal years 2007 through 2010.

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`Healthy Communities Act of 2005'

109th CONGRESS

1st Session

S. 2047   To promote healthy communities.

  IN THE SENATE OF THE UNITED STATES

November 17, 2005

Mr. OBAMA (for himself and Mrs. CLINTON) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and Pensions

---

A BILL   To promote healthy communities.

  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 `Healthy Communities Act of 2005'.

SEC. 2. FINDINGS.

Congress finds as follows:

(1) Environmental quality is a leading health indicator. An estimated 25 percent of preventable illnesses worldwide can be attributed to poor environmental quality.

(2) Many diseases are caused or exacerbated by environmental hazards, including cancer, heart disease, asthma, birth defects, behavioral disorders, infertility, and obesity.

(3) Of the chemicals produced in the United States annually in quantities greater than 10,000 pounds, only 43 percent have been tested for their potential human toxicity and only 7 percent have been studied to assess effects on development.

(4) Approximately 126,000,000 people in the United States live in areas of non-attainment for pollutants that have health-based standards. In 1997, approximately 43 percent of the population of the United States lived in areas designated as non-attainment areas for established health-based standards for ozone.

(5) In the United States, air pollution alone is estimated to be associated with 50,000 premature deaths and an estimated $50,000,000,000 in health-related costs annually.

(6) In children, environmental toxins are estimated to cause up to 35 percent of asthma cases, up to 10 percent of cancer cases, and up to 20 percent of neurobehavioral disorders.

(7) Almost 400,000 children have elevated blood lead levels. In 2002, researchers reported that 100 percent of childhood lead poisoning resulted from environmental lead exposure. If not detected early, lead poisoning in children is associated with behavioral and learning problems, slowed growth, impaired hearing, and damage to the kidneys, brain, and bone marrow.

(8) Studies have found that the reduction of blood lead levels in children from 1976 to 1999 led to an economic benefit of approximately $319,000,000,000.

(9) Elevated lead levels can also harm adults by causing difficulties during pregnancy, high blood pressure, digestive problems, nerve disorders, memory and concentration problems, and muscle and joint pain.

(10) Minority Americans are at greater risk of exposure to environmental toxins. Research has shown that 3 of every 5 individuals of African-American or Latino background live in communities with 1 or more toxic waste sites. More than 15,000,000 African-Americans, more than 8,000,000 Hispanics, and about 50 percent of Asian and Pacific Islanders and Native Americans are living in communities with 1 or more abandoned or uncontrolled toxic waste sites.

(11) Communities with existing incinerators are significantly more likely to have a large percentage of minorities. Communities where incinerators are proposed to be located have minority populations that are 60 percent higher and property values 35 percent lower than other communities.

SEC. 3. ADVISORY COMMITTEE ON ENVIRONMENTAL HEALTH.

(a) In General- The Secretary of Health and Human Services (referred to in this section as the `Secretary'), in collaboration with the Administrator of the Environmental Protection Agency (referred to in this section as the `Administrator'), shall establish an independent, 5-year Advisory Committee on Environmental Health (referred to in this section as the `Committee').

(b) Membership-

(1) IN GENERAL- The Committee shall be composed of members with academic training and practical experience in--

(A) the areas of--

(i) environmental health and public health;

(ii) environmental justice;

(iii) community-based participatory research;

(iv) adult and child health and development;

(v) data collection, analysis, and reporting;

(vi) health and health care disparities;

(vii) community engagement and mobilization, including grassroots organizing and community-level activism in communities with health disparity populations; and

(viii) urban, suburban, rural, and regional planning; and

(B) other areas determined appropriate by the Secretary.

(2) TERM- Members of the Committee shall serve on the Committee for the life of the Committee.

(3) SELECTION- The Secretary shall appoint members of the Committee from health disparity populations. No candidate for appointment on the Committee shall be asked to provide non-relevant information, such as voting record, political party affiliation, or position on particular policies.

(4) PROHIBITION AGAINST FEDERAL EMPLOYEES- No member of the Committee may be a Federal employee.

(c) Chairperson- Members of the Committee shall select a chairperson from among the members of the Committee, who shall serve a 1-year term.

(d) Meetings- The Committee shall meet not less frequently than 3 times per year.

(e) Duties of the Committee- The Committee shall review environmental health data and studies, as well as Federal environmental health research and programmatic initiatives, in order to--

(1) assess the impact of Federal laws, policies, programs, and practices on environmental health and environmental justice;

(2) identify and recommend ways to--

(A) draft new or modify existing Federal laws needed to improve environmental health;

(B) ensure compliance with Federal laws related to environmental health;

(C) address gaps in environmental health research or programs at the Federal level, particularly research or programs that address the needs of health-disparity populations;

(D) prevent or mitigate harm from Federal policies and federally operated or supported programs and practices, that may adversely affect environmental health and environmental justice;

(E) increase coordination and integration of interagency environmental health and environmental justice initiatives; and

(F) promote efforts to meet Healthy People 2010 goals and objectives relating to environmental health;

(3) assist in the development of the Environmental Health Report Card;

(4) assist in the development of the Health Action Zone Program, including identification of eligible communities; and

(5) conduct other activities at the request of the Secretary.

(f) Vulnerable Populations- The Committee shall include specific focus on health disparity populations in completion of all duties of the Committee.

(g) Collaboration- To the extent possible, the Committee shall seek input from new or existing Federal committees on environmental health and environmental justice issues, including the Federal Interagency Working Group on Environmental Justice and the National Environmental Justice Advisory Council.

(h) Public Input-

(1) PUBLIC NOTICE- The Chairperson of the Committee shall provide public notice of the availability of draft recommendations not less than 90 days prior to the date of finalization of such recommendations.

(2) CONSIDERATION- The Committee shall solicit and take into consideration public review and comment on draft recommendations pursuant to this section.

(i) Personnel-

(1) DETAIL OF GOVERNMENT EMPLOYEES- Any Federal Government employee may be detailed to the Committee without reimbursement, and such detail shall be without interruption or loss of civil service status or privilege.

(2) STAFF, INFORMATION, OR OTHER ASSISTANCE- The Secretary and the Administrator of the Environmental Protection Agency shall provide to the Committee such staff, information, and other assistance as may be necessary to carry out the duties of the Committee.

(j) Reports- On an annual basis, the Committee shall compile and submit the Committee's findings and recommendations to the public and Congress.

(k) Federal Response- Not later than 1 year after the date the Committee submits a report under subsection (j), the Secretary and the Administrator shall propose a plan to implement relevant recommendations of the Committee included in such report.

(l) Authorization of Appropriations- There is authorized to be appropriated to the Committee such sums as may be necessary to carry out the objectives of this section.

SEC. 4. ENVIRONMENTAL HEALTH REPORT CARD.

(a) In General- The Director of the Centers for Disease Control and Prevention (referred to in this section as the `Director'), in collaboration with the Administrator of the Environmental Protection Agency (referred to in this section as the `Administrator'), shall assess and report the environmental health of the Nation and, to the extent possible, for each State.

(b) Environmental Health Report Card- The Director and the Administrator shall prepare an Environmental Health Report Card (referred to in this section as a `Report Card') for the Nation and, to the extent possible, for each State on a biennial basis, that includes the--

(1) potential risk of high or cumulative exposure to environmental toxicants and pollutants--

(A) taking into consideration the prevalence and health effect;

(B) including those measured in the National Report on Human Exposure to Environmental Chemicals;

(C) including those that are man-made, natural, and biogenic; and

(D) that are present in the air, water, or soil;

(2) burden of acute and chronic disease empirically shown to be associated with or exacerbated by exposure to environmental toxicants or pollutants;

(3) demographic characteristics of populations that are most affected by overexposure to environmental toxicants or pollutants; and

(4) environmental health resources and initiatives, including national and State health tracking and biomonitoring activities.

(c) Report- The Director, in collaboration with the Administrator, shall--

(1) submit each Report Card to Congress; and

(2) make each Report Card readily available in print and electronically to each State and to the public.

(d) Adaptable- Each Report Card shall be able to be adapted by local agencies in order to rate or report local environmental quality.

(e) Consultation- In developing a Report Card, the Director, in collaboration with the Administrator, shall consult with the Advisory Committee on Environmental Health established under section 3 and incorporate the recommendations set forth by the Committee.

(f) Updated Report- Each Report Card that is prepared after the initial Report Card shall include trend analysis for the Nation, and, to the extent possible, for each State, in order to track progress in meeting established national goals and objectives for improving environmental health (including Healthy People 2010), and to inform policy and program development.

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