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 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 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 . 
may 19 , 2005 . 
dear representative : on behalf of our organizations , members , and supporters nationwide , we write to express our support for representative alcee hastings ' ( d-fl ) environmental justice amendment that will be offered to the interior-epa appropriations bill . 
the hastings amendment will ensure that funds spent at the u.s. epa can not be spent in any way that conflicts with the 1994 executive order `` federal actions to address environmental justice in minority populations and low-income populations. '' eo 12898 directs each federal agency to develop an environmental justice strategy `` 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 '' with the goal of achieving equity in federally-funded programs for those communities . 
the hastings amendment is needed to get epa to take the next steps that are needed to achieve the promise of fairness and equal treatment for minority and low-income communities in federal environmental programs . 
studies conducted by both government and non-government panels , including the national academy of sciences and the united church of christ have found that minority and low-income communities experience greater and more frequent exposures to unhealthy levels of environmental pollutants than other communities . 
this problem was first addressed at epa in 1992 when president george h.w . 
bush created the office of environmental equity at epa ( now the office of environmental justice ) ; it was addressed a second time by president clinton , when he issued the executive order in 1994 . 
yet the epa has so far failed to adopt needed measures to meaningfully address and correct this unequal treatment under environmental laws . 
the agency 's failure to move forward on the important issue of environmental justice has been the hastings amendment does not place new requirements on the epa , but rather provides direction for the agency to fulfill its longstanding obligation to ensure that minority and low-income populations are not exposed to dangerous and disproportionately high levels of air pollution , water contamination , toxic hazards , or other environmental and health threats in their communities . 
we urge you to cast your vote in support of the hastings environmental justice amendment . 
sincerely , roger rivera , president , national hispanic environmental council ; robert d. bullard , director , environmental justice resource center , clark atlanta university ( atlanta , ga ) ; ansje miller , director , environmental justice & amp ; climate change initiative ( oakland , ca ) ; beverly wright , director , deep south center for environmental justice , dillard university ( new orleans , la ) ; craig williams , director , chemical weapons working group ( berea , ky ) ; martin hayden , legislative director , earthjustice ; michael greene , director , center for environmental health ( oakland , ca ) ; and david christian , president , serving alabama 's future environment ( jacksonville , al ) . 
hilary shelton , director , washington bureau , naacp ; martina cartwright , director , environmental law & amp ; justice center , texas southern university ( houston , tx ) ; peggy shepherd , executive director , west harlem environmental action ( new york city , ny ) ; henry clark , director , west county toxics coalition ( richmond , ca ) ; tom stephens , director , national lawyers guild , sugar law center ( detroit , mi ) ; luke cole , director , center for race , poverty and the environment ( san francisco , ca ) ; rufus kinney , president , families concerned about nerve gas incineration ( anniston , al ) ; and reverend n.q . 
reynolds , president , calhoun county chapter of the southern christian leadership conference ( anniston , al ) . 
robert o. muller , president , vietnam veterans of america foundation ; evelyn yates , president , pine bluff for safe disposal ( pine bluff , ar ) ; john nunn , president , coalition for safe disposal ( worton , md ) ; karyn jones , president , gasp ( hermiston , or ) ; j. daryl byler , director , mennonite central committee washington office ; vernice miller-travis , miller-travis & amp ; associates , ( washington , dc ) ; donele wilkins , executive director , detroiters working for environmental justice ; and monique harden , co-director , nathalie walker , co-director , advocates for environmental human rights ( new orleans , la ) . 
jeanette champion , president , citizens for environmental justice ( anniston , al ) ; sara morgan , president , citizens against incineration at newport ( newport , in ) ; jason groenwald , director , families against incinerator risk ( salt lake city , ut ) ; peter hille , president , kentucky environmental foundation ( berea , ky ) ; douglas meiklejohn , executive director , new mexico environmental law center ( santa fe , nm ) ; rev . 
anthony evans , director , national black church initiative ; and national black environmental justice network . 
mr. chairman , i yield back the balance of my time . 
