Mr. Chairman, I offer an amendment. Mr. Chairman, I yield myself such time as I may consume. (Mr. HASTINGS of Florida asked and was given permission to revise and extend his remarks.) Mr. Chairman, I…
Mr. Chairman, I offer an amendment.
Mr. Chairman, I yield myself such time as I may consume.
(Mr. HASTINGS of Florida asked and was given permission to revise and extend his remarks.)
Mr. Chairman, I rise today to offer an amendment to H.R. 2361 that is of critical importance to the health and well-being of minority and low-income communities throughout the United States.
In an effort to cut down on the time constraints, let me just briefly explain the amendment. It prohibits the EPA from using funds in this bill to work in contravention of Executive Order 12898 and delay the implementation of that order.
My amendment makes clear Congress's support for the executive order and its original intention to achieve health and environmental equity in minority and low-income communities.
Mr. Chairman, to seek out environmental justice is an effort to achieve health and environmental equity across all community lines. In adopting my amendment, Congress will call on EPA to move forward with the identification of at-risk minority and low-income communities so appropriate steps can be taken to improve their health and well-being.
Justice should never be reserved only for those who can afford to help themselves. I ask for my colleagues' support to ensure EPA takes the appropriate steps to protect minority and low-income communities from continued environmental injustices.
Mr. Chairman, I reserve the balance of my time.
Mr. Chairman, I include for the Record the findings of the EPA Inspector General Report and those in support of the amendment.
Evaluation Report: EPA Needs To Consistently Implement the Intent of the Executive Order on Environmental Justice--Report No. 2004-P-00007--
March 1, 2004
Executive Summary
Purpose
In 1994, President Clinton issued Executive Order 12898,
``Federal Action to Address Environmental Justice in Minority
Populations and Low-income Populations,'' to ensure such
populations are not subjected to a disproportionately high
level of environmental risk. The overall objective of this
evaluation was to determine how the U.S. Environmental
Protection Agency (EPA) is integrating environmental justice
into its day-to-day operations. Specifically, we sought to
answer the following questions:
How has the Agency implemented Executive Order 12898 and
integrated its concepts into EPA's regional and program
offices?
How are environmental justice areas defined at the regional
levels and what is the impact?
Results in brief
EPA has not fully implemented Executive Order 12898 nor
consistently integrated environmental justice into its day-
to-day operations. EPA has not identified minority and low-
income, nor identified populations addressed in the Executive
Order, and has neither defined nor developed criteria for
determining disproportionately impacted. Moreover, in 2001,
the Agency restated its commitment to environmental justice
in a manner that does not emphasize minority and low-income
populations, the intent of the Executive Order.
Although the Agency has been actively involved in
implementing Executive Order 12898 for 10 years, it has not
developed a clear vision or a comprehensive strategic plan,
and has not established values, goals, expectations, and
performance measurements. We did note that the Agency made an
attempt to issue an environmental justice toolkit; endorsed
environmental justice training; and required that all
regional and programmatic offices submit ``Action Plans'' to
develop some accountability for environmental justice
integration.
In the absence of environmental justice definitions,
criteria, or standards from the Agency, many regional and
program offices have taken steps, individually, to implement
environmental justice policies. This has resulted in
inconsistent approaches by the regional offices. Thus, the
implementation of environmental justice actions is dependent
not only on minority and income status but on the EPA region
in which the person resides. Our comparison of how
environmental justice protocols used by three different
regions would apply to the same city showed a wide
disparity in protected populations.
We believe the Agency is bound by the requirements of
Executive Order 12898 and does not have the authority to
reinterpret the order. The Acting Deputy Administrator needs
to reaffirm that the Executive Order 12898 applies
specifically to minority and low-income populations that are
disproportionately impacted. After 10 years, there is an
urgent need for the Agency to standardize environmental
justice definitions, goals, and measurements for the
consistent implementation and integration of environmental
justice at EPA.
Recommendations
We recommended that the Acting Deputy Administrator issue a
memorandum reaffirming that Executive Order 12898 is an
Agency priority and that minority and low-income populations
disproportionately impacted will be the beneficiaries of this
Executive Order. Additionally, EPA should establish specific
time frames for the development of definitions, goals, and
measurements. Furthermore, we recommended that EPA develop
and articulate a clear vision on the Agency's approach to
environmental justice. We also recommended that EPA develop a
comprehensive strategic plan, ensure appropriate training is
provided, clearly define the mission of the Office of
Environmental Justice, determine if adequate resources are
being applied to environmental justice, and develop a
systematic approach to gathering information related to
environmental justice.
Agency comments and OIG evaluation
In the response to our draft report, the Agency disagreed
with the central premise that Executive Order 12898 requires
the Agency to identify and address the environmental effects
of its programs on minority and low-income populations. The
Agency believes the Executive Order ``instructs the Agency to
identify and address the disproportionately high and adverse
human health or environmental, effects of it (sic) programs,
policies, and activities.'' The Agency does not take into
account the inclusion of the minority and low-income
populations, and indicated it is attempting to provide
environmental justice for everyone. While providing adequate
environmental justice to the entire population is
commendable, doing so had already been EPA's mission prior to
implementation of the Executive Order; we do not believe the
intent of the Executive Order was simply to reiterate that
mission. We believe the Executive Order was specifically
issued to provide environmental justice to minority and/or
low-income populations due to concerns that those populations
had been disproportionately impacted by environmental risk.
A summary of the Agency's response and our evaluation is
included at the end of each chapter. The Agency's complete
response and our evaluation of that response are included in
Appendices D and E, respectively.
Mr. Chairman, I yield back the balance of my time.