I 
109TH CONGRESS 
2D SESSION 
H. R. 6396 
To ensure environmental justice in the areas affected by Hurricanes Katrina 
and Rita. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 6, 2006 
Mr. JEFFERSON introduced the following bill; which was referred to the Com-
mittee 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 juris-
diction of the committee concerned 
A BILL 
To ensure environmental justice in the areas affected by 
Hurricanes Katrina and Rita. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Hurricanes Katrina 
and Rita Environmental Justice Act’’. 
SEC. 2. DEFINITIONS. 
For purposes of this Act: 
VerDate Aug 31 2005 
08:51 Dec 14, 2006
Jkt 049200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6396.IH
H6396
erjones on PROD1PC72 with BILLS
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the advisory committee es-
tablished by section 6. 
(2) ENVIRONMENTAL JUSTICE.— 
(A) IN
GENERAL.—The term ‘‘environ-
mental justice’’ means the fair treatment of 
people of all races, cultures, and socioeconomic 
groups with respect to the development, adop-
tion, implementation, and enforcement of laws, 
regulations, and policies affecting the environ-
ment. 
(B) FAIR
TREATMENT.—The term ‘‘fair 
treatment’’ means policies and practices that 
will minimize the likelihood that a minority, 
low-income community that is rural or urban 
will bear a disproportionate share of the adverse 
environmental consequences, or be denied rea-
sonable access to the environmental benefits, re-
sulting from implementation of a Federal pro-
gram or policy in the Hurricanes Katrina and 
Rita affected area. 
(3) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means— 
(A) each Federal entity represented on the 
Working Group; 
VerDate Aug 31 2005 
08:51 Dec 14, 2006
Jkt 049200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6396.IH
H6396
erjones on PROD1PC72 with BILLS
(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. 
(5) HURRICANES KATRINA AND RITA AFFECTED 
AREA.—The term ‘‘Hurricanes Katrina and Rita af-
fected area’’ means the area for which the President 
has declared the existence of a major disaster, in ac-
cordance with section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5170), as a consequence of Hurricanes 
Katrina and Rita 
(4) WORKING
GROUP.—The term ‘‘Working 
Group’’ means the interagency working group estab-
lished by section 4. 
SEC. 3. HURRICANES KATRINA AND RITA ENVIRONMENTAL 
JUSTICE 
RESPONSIBILITIES 
OF 
FEDERAL 
AGENCIES. 
(a) HURRICANES KATRINA
AND RITA ENVIRON-
MENTAL JUSTICE MISSION.—To the greatest extent prac-
ticable, the head of each Federal agency shall make 
achieving environmental justice part of its mission by iden-
tifying and addressing, as appropriate, disproportionately 
VerDate Aug 31 2005 
08:51 Dec 14, 2006
Jkt 049200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6396.IH
H6396
erjones on PROD1PC72 with BILLS
high and adverse human health or environmental effects 
of its programs, policies, and activities on minority, low- 
income populations that are rural or urban in the Hurri-
canes Katrina and Rita affected area. 
(b) NONDISCRIMINATION.—Each Federal agency 
shall conduct its programs, policies, and activities in a 
manner that ensures that such programs, policies, and ac-
tivities 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 dis-
crimination under, such programs, policies, and activities, 
because of race, color, national origin, or income. 
SEC. 4. HURRICANES KATRINA AND RITA INTERAGENCY 
ENVIRONMENTAL JUSTICE WORKING GROUP. 
(a) CREATION AND COMPOSITION.—There is hereby 
established the Hurricanes Katrina and Rita Interagency 
Working Group on Environmental Justice, to be com-
prised the following: 
(1) The heads of the following executive agen-
cies and offices (or their designees): 
(A) The Department of Defense. 
(B) The Department of Health and 
Human Services. 
(C) The Department of Housing and 
Urban Development. 
VerDate Aug 31 2005 
08:51 Dec 14, 2006
Jkt 049200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6396.IH
H6396
erjones on PROD1PC72 with BILLS
(D) The Department of Homeland Secu-
rity. 
(E) The Department of Labor. 
(F) The Department of Agriculture. 
(G) The Department of Transportation. 
(H) The Department of Justice. 
(I) The Department of the Interior. 
(J) The Department of Commerce. 
(K) The Department of Energy. 
(L) The Environmental Protection Agency. 
(M) The Office of Management and Budg-
et. 
(2) Not more than 4 representatives of commu-
nity-based and local nonprofit organizations, des-
ignated by the Governors of the States in the Hurri-
canes Katrina and Rita affected area acting jointly. 
(3) Not more then 4 State and local civic lead-
ers, designated by the Governors of the States in the 
Hurricanes Katrina and Rita affected area acting 
jointly. 
(4) Not more than 4 elected officials, des-
ignated by the Governors of the States in the Hurri-
canes Katrina and Rita affected area acting jointly. 
(b) FUNCTIONS.—The Working Group shall— 
VerDate Aug 31 2005 
08:51 Dec 14, 2006
Jkt 049200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6396.IH
H6396
erjones on PROD1PC72 with BILLS
(1) provide guidance to Federal and State agen-
cies on criteria for identifying disproportionately 
high and adverse human health or environmental ef-
fects on minority, low-income populations that are 
rural or urban; 
(2) coordinate with, provide guidance to, and 
serve as a clearinghouse for, Federal and State 
agencies as Federal agencies develop or revise an en-
vironmental justice strategy under section 5, in 
order to ensure that the administration, interpreta-
tion, and enforcement of programs, policies, and ac-
tivities are undertaken in a consistent manner; 
(3) assist in coordinating research by, and stim-
ulating cooperation among, the Environmental Pro-
tection 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 strategies under section 5; 
(4) assist in coordinating data collection, main-
tenance, and analysis required by this Act; 
(5) examine existing data and studies on envi-
ronmental justice within the Hurricanes Katrina and 
Rita affected area; 
VerDate Aug 31 2005 
08:51 Dec 14, 2006
Jkt 049200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6396.IH
H6396
erjones on PROD1PC72 with BILLS
(6) hold public meetings and otherwise solicit 
public participation and consider complaints as re-
quired under subsection (c); and 
(7) develop interagency model projects on envi-
ronmental justice that evidence cooperation among 
Federal and State agencies. 
(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 in-
stances conduct inquiries concerning complaints re-
garding environmental justice and the implementa-
tion of this Act by Federal and State agencies. 
(d) ANNUAL REPORTS.— 
(1) IN GENERAL.—Each fiscal year following 
enactment of this Act, the Working Group shall sub-
mit to the President, through the Office of the Dep-
uty Assistant to the President for Environmental 
Policy and the Office of the Assistant to the Presi-
dent for Domestic Policy, a report that describes the 
implementation of this Act, including, but not lim-
VerDate Aug 31 2005 
08:51 Dec 14, 2006
Jkt 049200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6396.IH
H6396
erjones on PROD1PC72 with BILLS
ited to, a report on the final environmental justice 
strategies described in section 5 and annual progress 
made in implementing those strategies. 
(2) COPY
OF
REPORT.—The President shall 
transmit a copy of each report submitted to the 
President under paragraph (1) to the Speaker of the 
House of Representatives, the President of the Sen-
ate, and the Governor of each State in the Hurri-
canes Katrina and Rita affected area. 
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 popu-
lations that are rural or urban. 
(b) REVISIONS.—Each strategy developed pursuant 
to subsection (a) shall identify programs, policies, plan-
ning, and public participation processes, rulemaking, and 
enforcement activities related to human health or the envi-
ronment that should be revised to— 
(1) promote enforcement of all health and envi-
ronmental statutes in areas with minority, low-in-
come populations that are rural or urban; 
VerDate Aug 31 2005 
08:51 Dec 14, 2006
Jkt 049200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6396.IH
H6396
erjones on PROD1PC72 with BILLS
(2) ensure greater public participation; 
(3) improve research and data collection relat-
ing to the health and environment of minority, low- 
income populations that are rural or urban; and 
(4) identify differential patterns of use of nat-
ural resources among minority, low-income popu-
lations that are rural or urban. 
(c) TIMETABLES.—Each strategy developed pursuant 
to subsection (a) shall include a timetable for undertaking 
revisions identified pursuant to subsection (b). 
SEC. 6. FEDERAL HURRICANES KATRINA AND RITA ENVI-
RONMENTAL 
JUSTICE 
ADVISORY 
COM-
MITTEE. 
(a) ESTABLISHMENT.—There is established a com-
mittee to be known as the Federal Hurricanes Katrina 
and Rita Environmental Justice Advisory Committee. 
(b) DUTIES.—The Advisory Committee shall provide 
independent advice and recommendations to the Environ-
mental Protection Agency and the Working Group on 
areas relating to environmental justice, which may include 
any of the following: 
(1) Advice on Federal and State agencies’ 
framework 
development 
for 
integrating 
socio-
economic programs into strategic planning, annual 
VerDate Aug 31 2005 
08:51 Dec 14, 2006
Jkt 049200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6396.IH
H6396
erjones on PROD1PC72 with BILLS
planning, and management accountability for achiev-
ing environmental justice results agency-wide. 
(2) Advice on measuring and evaluating agen-
cies’ progress, quality, and adequacy in planning, de-
veloping, and implementing environmental justice 
strategies, projects, and programs. 
(3) Advice on agencies’ existing and future in-
formation management systems, technologies, and 
data collection, and the conduct of analyses that 
support and strengthen environmental justice pro-
grams in administrative and scientific areas. 
(4) Advice to help develop, facilitate, and con-
duct reviews of the direction, criteria, scope, and 
adequacy of the Federal agencies’ scientific research 
and demonstration projects relating to environ-
mental justice. 
(5) Advice for improving how the Environ-
mental Protection Agency and others participate, co-
operate, and communicate within that agency and 
between other Federal agencies, State and local gov-
ernments, environmental justice leaders, interest 
groups, and the public. 
(6) Advice regarding the Environmental Protec-
tion Agency’s administration of grant programs re-
lating to environmental justice assistance (not to in-
VerDate Aug 31 2005 
08:51 Dec 14, 2006
Jkt 049200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6396.IH
H6396
erjones on PROD1PC72 with BILLS
clude the review or recommendations of individual 
grant proposals or awards). 
(7) Advice regarding agencies’ awareness, edu-
cation, training, and other outreach activities involv-
ing environmental justice. 
(c) ADVISORY COMMITTEE.—The Advisory Com-
mittee shall be considered an advisory committee within 
the meaning of the Federal Advisory Committee Act (5 
U.S.C. App.). 
(d) MEMBERSHIP.— 
(1) IN
GENERAL.—The Advisory Committee 
shall be composed of 21 members to be appointed in 
accordance with paragraph (2). Members shall in-
clude representatives of— 
(A) community-based groups; 
(B) industry and business; 
(C) academic and educational institutions; 
(D) minority health organizations; 
(E) State and local governments, federally 
recognized tribes, and indigenous groups; and 
(F) nongovernmental and environmental 
groups. 
(2) APPOINTMENTS.—Of the members of the 
Advisory Committee— 
VerDate Aug 31 2005 
08:51 Dec 14, 2006
Jkt 049200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6396.IH
H6396
erjones on PROD1PC72 with BILLS
(A) three members shall be appointed by 
the majority leader of the Senate; 
(B) three members shall be appointed by 
the minority leader of the Senate; 
(C) three members shall be appointed by 
the Speaker of the House of Representatives; 
(D) three members shall be appointed by 
the minority leader of the House of Representa-
tives; 
(E) two members shall be appointed by the 
President; and 
(F) for each State in the Hurricanes 
Katrina and Rita affected area, one member 
shall be appointed by the Governor of such 
State. 
(e) MEETINGS.— 
(1) IN
GENERAL.—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 Environ-
mental Protection Agency, who shall serve as the of-
ficer 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 sub-
VerDate Aug 31 2005 
08:51 Dec 14, 2006
Jkt 049200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6396.IH
H6396
erjones on PROD1PC72 with BILLS