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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5081 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 5081

 To establish an Office of Environmental Justice within the Department 
                  of Justice, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 14, 2022

 Mr. Padilla (for himself, Mr. Markey, Mr. Booker, Ms. Duckworth, Mr. 
 Sanders, Mr. Whitehouse, Ms. Warren, and Mr. Merkley) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL

 
 To establish an Office of Environmental Justice within the Department 
                  of 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 ``Empowering and Enforcing 
Environmental Justice Act of 2022''.

SEC. 2. OFFICE OF ENVIRONMENTAL JUSTICE.

    (a) In General.--Chapter 31 of title 28, United States Code, is 
amended by adding at the end the following:
``Sec. 530E. Environmental Justice
    ``(a) Office of Environmental Justice.--
            ``(1) Establishment.--Not later than 90 days after the date 
        of enactment of the Empowering and Enforcing Environmental 
        Justice Act of 2022, the Attorney General shall establish the 
        Office of Environmental Justice (hereinafter known as the 
        `Office') within the Environment and Natural Resources Division 
        of the Department of Justice.
            ``(2) Personnel and funding.--The Attorney General shall 
        provide to the Office such personnel and funds as are necessary 
        to establish the Office under paragraph (1).
            ``(3) Leadership.--The Office shall be headed by a 
        Director, who shall be appointed by the Attorney General.
            ``(4) Duties.--The Director shall:
                    ``(A) Develop, and update every 5 years thereafter, 
                the environmental justice strategy for the Department, 
                in accordance with Executive Order 12898 (42 U.S.C. 
                4321 note; relating to Federal actions to address 
                environmental justice in minority populations and low-
                income populations).
                    ``(B) Coordinate environmental justice matters that 
                arise at the Department and United States Attorneys' 
                offices.
                    ``(C) Administer the grant program established 
                under section 3 of the Empowering and Enforcing 
                Environmental Justice Act of 2022.
                    ``(D) Promote and protect the right of the public 
                to participate meaningfully in the decision-making 
                process on environmental justice matters and design 
                communications efforts with the goal of maximizing 
                community understanding of how to participate in 
                environmental justice matters, including how to file 
                administrative complaints with Federal agencies.
                    ``(E) Counsel and assist State, local, and Tribal 
                governments on how to coordinate their actions with the 
                Federal Government with respect to environmental 
                justice matters and counsel and assist State, local, 
                and Tribal governments and Indigenous populations or 
                communities in providing equal environmental protection 
                for all individuals.
                    ``(F) Provide support for State and local 
                environmental enforcement training in environmental 
                justice communities.
                    ``(G) Work with the Community Relations Service to 
                facilitate a working relationship between parties 
                involved in environmental justice matters, including 
                regulated industry, State, local, and Tribal decision-
                makers and minority or low-income communities.
                    ``(H) Coordinate with the Council on Environmental 
                Quality and the White House Environmental Justice 
                Advisory Council, established under Executive Order 
                14008 (86 Fed. Reg. 7619), with respect to 
                implementation of the Justice40 Initiative.
                    ``(I) Organize, at minimum, bimonthly calls or 
                meetings with environmental justice organizations and 
                environmental justice communities.
                    ``(J) Manage the Senior Advisory Council 
                established under paragraph (5).
                    ``(K) Make recommendations to Federal agencies on 
                community participation in the development of 
                administrative settlement agreements relating to 
                environmental justice matters.
            ``(5) Senior advisory council.--
                    ``(A) Establishment.--There is established a Senior 
                Advisory Council (hereinafter referred to as the 
                `Council') to advise the Assistant Attorney General of 
                the Environment and Natural Resources Division on 
                matters of environmental justice and recommend policy 
                and initiatives with respect to environmental justice 
                matters.
                    ``(B) Co-chair.--The Co-chairs of the Council shall 
                be the Assistant Attorney General of the Environment 
                and Natural Resources Division and the Director of the 
                Office.
                    ``(C) Members.--The Council shall be composed of:
                            ``(i) The Assistant Attorney General of the 
                        Environment and Natural Resources Division.
                            ``(ii) The Director of the Office.
                            ``(iii) One representative of the Office of 
                        the Deputy Attorney General.
                            ``(iv) One representative of the Office of 
                        the Associate Attorney General.
                            ``(v) One representative from the 
                        Environmental Enforcement Section of the 
                        Environmental and Natural Resources Division.
                            ``(vi) One representative from the 
                        Environmental Defense Section of the 
                        Environment and Natural Resources Division.
                            ``(vii) One representative of the Civil 
                        Rights Division.
                            ``(viii) One representative of the Civil 
                        Division.
                            ``(ix) One representative of the Federal 
                        Bureau of Investigation.
                            ``(x) One representative of the Bureau of 
                        Prisons.
                            ``(xi) One representative of the Community 
                        Relations Service.
                            ``(xii) One representative of the Office 
                        for Access to Justice.
                            ``(xiii) One representative of the Office 
                        of Legal Policy.
                            ``(xiv) One representative of the Office of 
                        Legislative Affairs.
                            ``(xv) One representative of the Office of 
                        Tribal Justice.
                            ``(xvi) Two representatives from the 
                        Executive Office for United States Attorneys.
                            ``(xvii) The Section Chief of the 
                        Environmental Justice Section.
                    ``(D) Reporting requirement.--Not later than 180 
                days after the date of enactment of the Empowering and 
                Enforcing Environmental Justice Act of 2022, and 
                annually thereafter, each member of the Council shall 
                submit to the Director a report on the implementation 
                of the progress of the component of which the member is 
                a representative in implementing the environmental 
                justice strategy of the Department and any proposed 
                revisions to the environmental justice strategy of that 
                component. The Director may also request a report or 
                briefing from the head of any component not a member of 
                the Council explaining how the component may facilitate 
                the efforts of the Department in meeting the 
                obligations of the Department under the environmental 
                justice strategy.
                    ``(E) Administration.--The Director shall 
                coordinate and support the work of the Council. The 
                Director shall convene the Council not later than 90 
                days after the date of enactment of the Empowering and 
                Enforcing Environmental Justice Act of 2022 and shall 
                convene the Council not less than 4 times annually 
                thereafter.
                    ``(F) Guidance for department.--
                            ``(i) In general.--Not later than 180 days 
                        after the date of enactment of the Empowering 
                        and Enforcing Environmental Justice Act of 
                        2022, the Council shall develop guidance with 
                        respect to environmental justice and provide 
                        such guidance to Department personnel, 
                        including provisions for identifying, tracking, 
                        and addressing environmental justice matters.
                            ``(ii) Review and update.--Not later than 3 
                        years after the development of the guidance 
                        under clause (i), and every 3 years thereafter, 
                        the Department shall review and update such 
                        guidance.
    ``(b) Environmental Justice Section.--
            ``(1) Establishment.--Not later than 180 days after the 
        date of enactment of the Empowering and Enforcing Environmental 
        Justice Act of 2022, the Attorney General shall establish a 
        section within the Environment and Natural Resources Division 
        of the Department that shall be known as the `Environmental 
        Justice Section' (hereinafter known as the `Section') with the 
        responsibility to litigate environmental justice matters.
            ``(2) General objectives.--The Section shall:
                    ``(A) Initiate legal action to enforce 
                environmental justice, civil rights, and criminal and 
                civil laws with respect to environmental justice 
                matters to achieve fair environmental and human health 
                protection in all communities.
                    ``(B) Collaborate with State, local, and Tribal 
                governments to pursue litigation with respect to 
                environmental justice to hold persons accountable for 
                actions and inactions that have or will contribute to 
                the climate crisis.
                    ``(C) Ensure the enforcement of title VI of the 
                Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) by 
                coordinating with Federal agencies to effectively 
                investigate civil rights complaints.
                    ``(D) Facilitate the collection and analysis of 
                data that will assist the Department in law 
                enforcement, mediation, and counseling efforts 
                involving environmental justice matters.
                    ``(E) Provide technical assistance to other Federal 
                agencies on creating permits and permitting processes 
                that are enforceable by the agencies and the 
                Department.
            ``(3) Consultation and investigation.--
                    ``(A) Consultation on priorities.--Not later than 
                180 days after the date of enactment of the Empowering 
                and Enforcing Environmental Justice Act of 2022, the 
                Section shall consult with United States Attorneys' 
                Offices, the Environmental Protection Agency, and other 
                Federal agencies, as appropriate, to develop a list of 
                environmental justice enforcement priorities and a 
                strategy for addressing these priorities.
                    ``(B) Referral guidance.--The Section shall provide 
                guidance to other Federal agencies on appropriate 
                actions with respect to environmental justice matters 
                and whether such matters should be transferred to the 
                Department for further investigation or action.
            ``(4) Litigation activities.--The Section shall coordinate 
        with other litigating components of the Department, with the 
        United States Attorneys' Offices to conduct investigations, and 
        with other Federal agencies with respect to court cases raising 
        environmental justice matters, including by--
                    ``(A) initiating legal action to enforce 
                environmental justice matters, civil rights, and 
                criminal and civil laws with respect to environmental 
                and criminal justice to achieve fair environmental and 
                human health protection in all communities;
                    ``(B) intervening in pending litigation or filing 
                amicus curiae briefs to serve the interests of Federal 
                agencies that address environmental justice matters;
                    ``(C) coordinating with other Department 
                components, and other Federal agencies, on appropriate 
                action with respect to environmental justice matters; 
                and
                    ``(D) providing technical assistance to other 
                Federal agencies to address environmental justice 
                matters.
            ``(5) Education.--
                    ``(A) In general.--The Section shall provide 
                training and education with respect to--
                            ``(i) how to identify environmental justice 
                        matters;
                            ``(ii) the contexts in which environmental 
                        justice matters may arise;
                            ``(iii) the ways in which recognition of 
                        potential environmental justice matters may 
                        affect the work of the Department, Department 
                        personnel, and other Federal agencies; and
                            ``(iv) the implementation of Executive 
                        Order 12898 (42 U.S.C. 4321 note; relating to 
                        Federal actions to address environmental 
                        justice in minority populations and low-income 
                        populations), including the environmental 
                        justice strategy developed by The Office and 
                        guidance developed by the Council pursuant to 
                        subsection (a)(5)(F).
                    ``(B) Development.--The Section shall develop--
                            ``(i) instructional videos and other 
                        materials for Department personnel to provide 
                        an overview of the scope of environmental 
                        justice matters and procedures for identifying 
                        and reporting such matters;
                            ``(ii) education programs for environmental 
                        attorneys about criminal, civil, and civil 
                        rights laws;
                            ``(iii) education programs for civil, 
                        criminal, and civil rights attorneys about 
                        environmental laws for the purpose of 
                        identifying and effectively addressing 
                        environmental justice matters;
                            ``(iv) an email address that Department 
                        attorneys and other Department personnel may 
                        contact that enables Department attorneys and 
                        other Department personnel to seek information 
                        and guidance on environmental justice matters;
                            ``(v) joint education and training 
                        activities, where appropriate, with Federal 
                        agencies and State, local, and Tribal legal 
                        offices;
                            ``(vi) a continuing legal education course 
                        on environmental justice matters, developed in 
                        coordination with the Office of Legal Education 
                        and the Environmental Protection Agency; and
                            ``(vii) training programs with respect to 
                        environmental justice for individuals 
                        participating in the Attorney General's Honors 
                        Program.
            ``(6) Data assessment.--The Section shall coordinate with 
        all relevant components within the Department to develop and 
        maintain an appropriate system for tracking and assessing cases 
        that raise environmental justice matters.
    ``(c) Definitions.--In this section:
            ``(1) Department.--The term `Department' means the 
        Department of Justice.
            ``(2) Environmental justice community.--The term 
        `environmental justice community' means a community with 
        significant representation of communities of color, low-income 
        communities, or Tribal and Indigenous communities, that 
        experiences, or is at risk of experiencing higher or more 
        adverse human health or environmental effects.
            ``(3) Environmental justice matter.--The term 
        `environmental justice matter' includes any civil or criminal 
        matter where the conduct or action at issue may involve a 
        disproportionate and adverse environmental or human health 
        effect on an identifiable low-income, minority, Tribal, or 
        Indigenous population or community in the United States.
            ``(4) Indigenous population or community.--The term 
        `Indigenous population or community' includes populations or 
        communities of American Indians, Alaska Natives, and Native 
        Hawaiians.
            ``(5) Low-income community.--The term `low-income 
        community' means any census block group in which 30 percent or 
        more of the population are individuals with an annual household 
        income equal to, or less than, the greater of--
                    ``(A) an amount equal to 80 percent of the median 
                income of the area in which the household is located, 
                as reported by the Department of Housing and Urban 
                Development; and
                    ``(B) 200 percent of the Federal poverty line.
            ``(6) State.--The term `State' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.''.
    (b) Technical Amendment.--The table of sections for chapter 31 of 
title 28, United States Code, is amended by adding at the end the 
following:

``530E. Environmental justice.''.

SEC. 3. ENVIRONMENTAL JUSTICE MATTERS ENFORCEMENT GRANTS.

    (a) Definitions.--In this section:
            (1) Certain congressional committees.--The term ``certain 
        congressional committees'' means--
                    (A) the Committee on Energy and Commerce of the 
                House of Representatives;
                    (B) the Committee on Environment and Public Works 
                of the Senate; and
                    (C) the Committees on the Judiciary of the House of 
                Representatives and the Senate.
            (2) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of communities of color, low-income 
        communities, or Tribal and Indigenous communities, that 
        experiences, or is at risk of experiencing higher or more 
        adverse human health or environmental effects.
            (3) Environmental justice matter.--The term ``environmental 
        justice matter'' includes any civil or criminal matter where 
        the conduct or action at issue may involve a disproportionate 
        and adverse environmental or human health effect on an 
        identifiable low-income, minority, Tribal, or Indigenous 
        population or community in the United States.
            (4) Indigenous population or community.--The term 
        ``Indigenous population or community'' includes populations or 
        communities of American Indians, Alaska Natives, and Native 
        Hawaiians.
            (5) Low-income community.--The term ``low-income 
        community'' means any census block group in which 30 percent or 
        more of the population are individuals with an annual household 
        income equal to, or less than, the greater of--
                    (A) an amount equal to 80 percent of the median 
                income of the area in which the household is located, 
                as reported by the Department of Housing and Urban 
                Development; and
                    (B) 200 percent of the Federal poverty line.
            (6) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
    (b) In General.--Not later than 180 days after the date of 
enactment of this Act, the Attorney General shall establish a grant 
program (in this section referred to as the ``Program'') within the 
Office of Environmental Justice to improve the capacity of State, 
local, and Tribal governments to enforce environmental laws involving 
environmental justice matters.
    (c) Grant Authority.--In carrying out the Program, the Assistant 
Attorney General may award a grant on competitive basis to an eligible 
recipient.
    (d) Eligible Recipients.--The Assistant Attorney General may award 
a grant under the Program to a State, local, or Tribal government 
determined by the Assistant Attorney General to be capable of carrying 
out a project pursuant to subsection (e).
    (e) Grant Funds.--Grant funds awarded under the Program, shall only 
be used to--
            (1) train State, local, and Tribal agencies responsible for 
        prosecuting and enforcing laws involving environmental justice 
        matters;
            (2) hire staff to assist in the investigation, prosecution, 
        and enforcement of laws involving environmental justice 
        matters; or
            (3) establish collaborative programs to provide technical 
        and legal assistance to help environmental justice communities 
        participate in decisions impacting the environment, health, and 
        safety of those environmental justice communities.
    (f) Applications.--To be eligible for a grant under the Program, an 
eligible recipient shall submit to the Assistant Attorney General an 
application in such form, at such time, and containing such information 
as the Assistant Attorney General determines to be appropriate.
    (g) Limitations on Grant Amounts.--Subject to the availability of 
appropriations under subsection (j), each grant made under this section 
shall be for an amount not less than $50,000 and not greater than 
$1,000,000.
    (h) Federal Share.--The Federal share of a project under the 
Program shall not exceed 80 percent, unless the Attorney General 
waives, wholly or in part, this requirement.
    (i) Report.--Not later than 18 months after the date of enactment 
of this Act, and every 2 years thereafter, the Attorney General shall 
submit a report to certain congressional committees on the grant 
program established under this section, including a description of the 
grantees and activities for which grantees used grants awarded under 
this section.
    (j) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of the 
fiscal years 2023 through 2032.
                                 <all>
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