HR 654 IH

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

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.