II 

116TH CONGRESS 

2D SESSION S. 4401 

To restore, reaffirm, and reconcile environmental justice and civil rights, 

provide for the establishment of the Interagency Working Group on 

Environmental Justice Compliance and Enforcement, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 3, 2020 

Ms. HARRIS (for herself, Ms. DUCKWORTH, Mr. BOOKER, Ms. WARREN, Mrs. 

FEINSTEIN, Mr. WYDEN, Mr. DURBIN, Ms. SMITH, Mr. BLUMENTHAL, 

Mr. MARKEY, Mr. SCHATZ, Mr. MERKLEY, Mrs. GILLIBRAND, and Mr. 

UDALL) introduced the following bill; which was read twice and referred 

to the Committee on Environment and Public Works 

A BILL 

To restore, reaffirm, and reconcile environmental justice and 

civil rights, provide for the establishment of the Interagency Working Group on Environmental Justice Compliance and Enforcement, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS; FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Environmental Justice For All Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 this Act is as follows: 

Sec. 1. Short title; table of contents; findings. 

Sec. 2. Statement of policy. 

Sec. 3. Definitions. 

Sec. 4. Prohibited discrimination. 

Sec. 5. Right of action. 

Sec. 6. Rights of recovery. 

Sec. 7. Consideration of cumulative impacts and persistent violations in certain 

permitting decisions. 

Sec. 8. Interagency Working Group on Environmental Justice Compliance and 

Enforcement. 

Sec. 9. Federal agency actions and responsibilities. 

Sec. 10. Ombudsman. 

Sec. 11. Access to parks, outdoor spaces, and public recreation opportunities. 

Sec. 12. Transit to Trails Grant Program. 

Sec. 13. Every Kid Outdoors. 

Sec. 14. Protections for environmental justice communities against harmful 

Federal actions. 

Sec. 15. Training of employees of Federal agencies. 

Sec. 16. Environmental justice grant programs. 

Sec. 17. Environmental justice basic training program. 

Sec. 18. National Environmental Justice Advisory Council. 

Sec. 19. Environmental Justice Clearinghouse. 

Sec. 20. Public meetings. 

Sec. 21. Environmental projects for environmental justice communities. 

Sec. 22. Grants to further achievement of Tribal coastal zone objectives. 

Sec. 23. Cosmetic labeling. 

Sec. 24. Safer cosmetic alternatives for disproportionately impacted communities. 

Sec. 25. Safer child care centers, schools, and homes for disproportionately impacted communities. 

Sec. 26. Certain menstrual products misbranded if labeling does not include ingredients. 

Sec. 27. Support by National Institute of Environmental Health Sciences for 

research on health disparities impacting communities of color. 

Sec. 28. Revenues for just transition assistance. 

Sec. 29. Economic revitalization for fossil fuel dependent communities. 

Sec. 30. Evaluation by Comptroller General of the United States. 

3 (c) FINDINGS.—Congress finds the following: 

4 (1) Communities of color, low-income commu5 nities, Tribal and indigenous communities, fossil 

6 fuel-dependent communities, and other vulnerable 

7 populations, such as persons with disabilities, chil8 dren, and the elderly, are disproportionately burVerDate Sep 11 2014 01:12 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401

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1 dened by environmental hazards that include expo2 sure to polluted air, waterways, and landscapes. 

3 (2) Environmental justice disparities are also 

4 exhibited through a lack of equitable access to green 

5 spaces, public recreation opportunities, and informa6 tion and data on potential exposure to environmental 

7 hazards. 

8 (3) Communities experiencing environmental in9 justice have been subjected to systemic racial, social, 

10 and economic injustices and face a disproportionate 

11 burden of adverse human health or environmental 

12 effects, a higher risk of intentional, unconscious, and 

13 structural discrimination, and disproportionate en14 ergy burdens. 

15 (4) Environmental justice communities have 

16 been made more vulnerable to the effects of climate 

17 change due to a combination of factors, particularly 

18 the legacy of segregation and historically racist zon19 ing codes, and often have the least resources to re20 spond, making it a necessity for environmental jus21 tice communities to be meaningfully engaged as 

22 partners and stakeholders in government decision 

23 making as our nation builds its climate resilience. 

24 (5) Potential environmental and climate threats 

25 to environmental justice communities merit a higher 


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1 level of engagement, review, and consent to ensure 

2 that communities are not forced to bear dispropor3 tionate environmental and health impacts. 

4 (6) The burden of proof that a proposed action 

5 will not harm communities, including through cumu6 lative exposure effects, should fall on polluting in7 dustries and on the Federal Government in its regu8 latory role, not the communities themselves. 

9 (7) Executive Order 12898 (59 Fed. Reg. 32, 

10 relating to Federal Actions To Address Environ11 mental Justice in Minority Populations and Low-In12 come Populations) directs Federal agencies to ad13 dress disproportionately high and adverse human 

14 health or environmental effects of its programs, but 

15 Federal agencies have been inconsistent in updating 

16 their strategic plans for environmental justice and 

17 reporting on their progress in enacting these plans. 

18 (8) Government action to correct environmental 

19 injustices is a moral imperative. Federal policy can 

20 and should improve public health and improve the 

21 overall well-being of all communities. 

22 (9) All people have the right to breathe clean 

23 air, drink clean water, live free of dangerous levels 

24 of toxic pollution, and share the benefits of a pros25 perous and vibrant pollution-free economy. 


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1 (10) A fair and just transition to a pollution2 free economy is necessary to ensure that workers 

3 and communities in deindustrialized areas have ac4 cess to the resources and benefits of a sustainable 

5 future. This transition must also address the eco6 nomic disparities experienced by residents living in 

7 areas contaminated by pollution or environmental 

8 degradation, including access to jobs, and members 

9 of those communities must be fully and meaningfully 

10 involved in transition planning processes. 

11 (11) It is the responsibility of the Federal Gov12 ernment to seek to achieve environmental justice, 

13 health equity, and climate justice for all commu14 nities. 

15 SEC. 2. STATEMENT OF POLICY. 

16 It is the policy of Congress that each Federal agency 

17 should— 

18 (1) seek to achieve environmental justice as 

19 part of its mission by identifying and addressing, as 

20 appropriate, disproportionately adverse human 

21 health or environmental effects of its programs, poli22 cies, practices, and activities on communities of 

23 color, low-income communities, and Tribal and in24 digenous communities in each State and territory of 

25 the United States; 


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1 (2) promote meaningful involvement by commu2 nities and due process in the development, imple3 mentation, and enforcement of environmental laws; 

4 (3) provide direct guidance and technical assist5 ance to communities experiencing environmental in6 justice focused on increasing shared understanding 

7 of the science, laws, regulations, and policy related 

8 to Federal agency action on environmental justice 

9 issues; 

10 (4) cooperate with State governments, Tribal 

11 Governments, and local governments to address pol12 lution and public health burdens in communities ex13 periencing environmental injustice, and build 

14 healthy, sustainable, and resilient communities; and 

15 (5) recognize the right of all people to clean air, 

16 safe and affordable drinking water, protection from 

17 climate hazards, and to the sustainable preservation 

18 of the ecological integrity and aesthetic, scientific, 

19 cultural, and historical values of the natural environ20 ment. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

23 (1) ADMINISTRATOR.—The term ‘‘Adminis24 trator’’ means the Administrator of the Environ25 mental Protection Agency. 


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1 (2) ADVISORY COUNCIL.—The term ‘‘Advisory 

2 Council’’ means the National Environmental Justice 

3 Advisory Council established by the President under 

4 section 18. 

5 (3) AGGRIEVED PERSON.—The term ‘‘aggrieved 

6 person’’ means a person aggrieved by discrimination 

7 on the basis of race, color, or national origin. 

8 (4) CLEARINGHOUSE.—The term ‘‘Clearing9 house’’ means the Environmental Justice Clearing10 house established by the Administrator under section 

11 19. 

12 (5) COMMUNITY OF COLOR.—The term ‘‘com13 munity of color’’ means a geographically distinct 

14 area in which the population of any of the following 

15 categories of individuals is higher than the average 

16 populations of that category for the State in which 

17 the community is located: 

18 (A) Black. 

19 (B) African American. 

20 (C) Asian. 

21 (D) Pacific Islander. 

22 (E) Other non-White race. 

23 (F) Hispanic. 

24 (G) Latino. 

25 (H) Linguistically isolated. 


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1 (6) COVERED AGENCY.—The term ‘‘covered 

2 agency’’ means an agency described in section 8(c). 

3 (7) DEMONSTRATES.—The term ‘‘dem4 onstrates’’ means meets the burdens of going for5 ward with the evidence and of persuasion. 

6 (8) DIRECTOR.—The term ‘‘Director’’ means 

7 the Director of the National Institute of Environ8 mental Health Sciences. 

9 (9) DISPARATE IMPACT.—The term ‘‘disparate 

10 impact’’ means an action or practice that, even if 

11 appearing neutral, actually has the effect of sub12 jecting persons to discrimination because of their 

13 race, color, or national origin. 

14 (10) DISPROPORTIONATE BURDEN OF ADVERSE

15 HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 

16 The term ‘‘disproportionate burden of adverse 

17 human health or environmental effects’’ means a sit18 uation where there exists higher or more adverse 

19 human health or environmental effects on commu20 nities of color, low-income communities, and Tribal 

21 and indigenous communities. 

22 (11) ENVIRONMENTAL JUSTICE.—The term 

23 ‘‘environmental justice’’ means the fair treatment 

24 and meaningful involvement of all people regardless 

25 of race, color, culture, national origin, or income, 


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1 with respect to the development, implementation, 

2 and enforcement of environmental laws, regulations, 

3 and policies to ensure that each person enjoys— 

4 (A) the same degree of protection from en5 vironmental and health hazards; and 

6 (B) equal access to any Federal agency ac7 tion on environmental justice issues in order to 

8 have a healthy environment in which to live, 

9 learn, work, and recreate. 

10 (12) ENVIRONMENTAL JUSTICE COMMUNITY.— 

11 The term ‘‘environmental justice community’’ means 

12 a community with significant representation of com13 munities of color, low-income communities, or Tribal 

14 and indigenous communities, that experiences, or is 

15 at risk of experiencing higher or more adverse 

16 human health or environmental effects. 

17 (13) ENVIRONMENTAL LAW.—The term ‘‘envi18 ronmental law’’ includes laws such as the Clean Air 

19 Act (42 U.S.C. 7401 et seq.), the Federal Water 

20 Pollution Control Act (33 U.S.C. 1251 et seq.), the 

21 Energy Policy Act of 2005, the National Environ22 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

23 the Pollution Prevention Act of 1990 (42 U.S.C. 

24 13101 et seq.), the Safe Drinking Water Act (42 

25 U.S.C. 300f et seq.), the Solid Waste Disposal Act 


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1 (42 U.S.C. 6901 et seq.), the Federal Insecticide, 

2 Fungicide, and Rodenticide Act (7 U.S.C. 136 et 

3 seq.), and the Toxic Substances Control Act (15 

4 U.S.C. 2601 et seq.). 

5 (14) FAIR TREATMENT.—The term ‘‘fair treat6 ment’’ means the conduct of a program, policy, prac7 tice or activity by a Federal agency in a manner that 

8 ensures that no group of individuals (including ra9 cial, ethnic, or socioeconomic groups) experience a 

10 disproportionate burden of adverse human health or 

11 environmental effects resulting from such program, 

12 policy, practice, or activity, as determined through 

13 consultation with, and with the meaningful partici14 pation of, individuals from the communities affected 

15 by a program, policy, practice or activity of a Fed16 eral agency. 

17 (15) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

18 has the meaning given the term ‘‘Indian tribe’’ in 

19 section 4 of the Indian Self-Determination and Edu20 cation Assistance Act (25 U.S.C. 5304). 

21 (16) LOCAL GOVERNMENT.—The term ‘‘local 

22 government’’ means— 

23 (A) a county, municipality, city, town, 

24 township, local public authority, school district, 

25 special district, intrastate district, council of 


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1 governments (regardless of whether the council 

2 of governments is incorporated as a nonprofit 

3 corporation under State law), regional or inter4 state governmental entity, or agency or instru5 mentality of a local government; or 

6 (B) an Indian Tribe or authorized Tribal 

7 organization, or Alaska Native village or organi8 zation, that is not a Tribal Government. 

9 (17) LOW-INCOME COMMUNITY.—The term 

10 ‘‘low-income community’’ means any census block 

11 group in which 30 percent or more of the population 

12 are individuals with an annual household income 

13 equal to, or less than, the greater of— 

14 (A) an amount equal to 80 percent of the 

15 median income of the area in which the house16 hold is located, as reported by the Department 

17 of Housing and Urban Development; and 

18 (B) 200 percent of the Federal poverty 

19 line. 

20 (18) POPULATION.—The term ‘‘population’’ 

21 means a census block group or series of geographi22 cally contiguous blocks representing certain common 

23 characteristics, such as (but not limited to) race, 

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1 parities, or other public health and socioeconomic at2 tributes. 

3 (19) STATE.—The term ‘‘State’’ means any 

4 State of the United States, the District of Columbia, 

5 the Commonwealth of Puerto Rico, the Virgin Is6 lands, Guam, American Samoa, and the Common7 wealth of the Northern Mariana Islands. 

8 (20) TRIBAL AND INDIGENOUS COMMUNITY.— 

9 The term ‘‘Tribal and indigenous community’’ refers 

10 to a population of people who are members of— 

11 (A) a federally recognized Indian Tribe; 

12 (B) a State-recognized Indian Tribe; 

13 (C) an Alaska Native or Native Hawaiian 

14 community or organization; and 

15 (D) any other community of indigenous 

16 people located in a State. 

17 (21) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

18 Government’’ means the governing body of an In19 dian Tribe. 

20 (22) WORKING GROUP.—The term ‘‘Working 

21 Group’’ means the Interagency Working Group on 

22 Environmental Justice Compliance and Enforcement 

23 established by the President under section 8. 


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1 SEC. 4. PROHIBITED DISCRIMINATION. 

2 Section 601 of the Civil Rights Act of 1964 (42 

3 U.S.C. 2000d) is amended— 

4 (1) by striking ‘‘No’’ and inserting ‘‘(a) No’’; 

5 and 

6 (2) by adding at the end the following: 

7 ‘‘(b)(1)(A) Discrimination (including exclusion from 

8 participation and denial of benefits) based on disparate 

9 impact is established under this title if— 

10 ‘‘(i) a covered agency has a program, policy, 

11 practice, or activity that causes a disparate impact 

12 on the basis of race, color, or national origin and the 

13 covered agency fails to demonstrate that the chal14 lenged program, policy, practice, or activity is re15 lated to and necessary to achieve the nondiscrim16 inatory goal of the program, policy, practice, or ac17 tivity alleged to have been operated in a discrimina18 tory manner; or 

19 ‘‘(ii) a less discriminatory alternative program, 

20 policy, practice, or activity exists, and the covered 

21 agency refuses to adopt such alternative program, 

22 policy, practice, or activity. 

23 ‘‘(B) With respect to demonstrating that a particular 

24 program, policy, practice, or activity does not cause a dis25 parate impact, the covered agency shall demonstrate that 

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1 tivity does not cause a disparate impact, except that if 

2 the covered agency demonstrates to the courts that the 

3 elements of the covered agency’s decision-making process 

4 are not capable of separation for analysis, the decision5 making process may be analyzed as 1 program, policy, 

6 practice, or activity. 

7 ‘‘(2) A demonstration that a program, policy, prac8 tice, or activity is necessary to achieve the goals of a pro9 gram, policy, practice, or activity may not be used as a 

10 defense against a claim of intentional discrimination under 

11 this title. 

12 ‘‘(c) No person in the United States shall be sub13 jected to discrimination, including retaliation or intimida14 tion, because such person opposed any program, policy, 

15 practice, or activity prohibited by this title, or because 

16 such person made a charge, testified, assisted, or partici17 pated in any manner in an investigation, proceeding, or 

18 hearing under this title.’’. 

19 SEC. 5. RIGHT OF ACTION. 

20 (a) IN GENERAL.—Section 602 of the Civil Rights 

21 Act of 1964 (42 U.S.C. 2000d–1) is amended— 

22 (1) by inserting ‘‘(a)’’ before ‘‘Each Federal de23 partment and agency which is empowered’’; and 

24 (2) by adding at the end the following: 


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1 ‘‘(b) Any person aggrieved by the failure to comply 

2 with this title, including any regulation promulgated pur3 suant to this title, may file suit in any district court of 

4 the United States having jurisdiction of the parties, with5 out respect to the amount in controversy and without re6 gard to the citizenship of the parties.’’. 

7 (b) EFFECTIVE DATE.— 

8 (1) IN GENERAL.—This section, including the 

9 amendments made by this section, takes effect on 

10 the date of enactment of this Act. 

11 (2) APPLICATION.—This section, including the 

12 amendments made by this section, applies to all ac13 tions or proceedings pending on or after the date of 

14 enactment of this Act. 

15 SEC. 6. RIGHTS OF RECOVERY. 

16 Title VI of the Civil Rights Act of 1964 (42 U.S.C. 

17 2000d et seq.) is amended by inserting after section 602 

18 the following: 

19 ‘‘SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS. 

20 ‘‘(a) CLAIMS BASED ON PROOF OF INTENTIONAL

21 DISCRIMINATION.—In an action brought by an aggrieved 

22 person under this title against a covered agency who has 

23 engaged in unlawful intentional discrimination (not a 

24 practice that is unlawful because of its disparate impact) 

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1 ulations), the aggrieved person may recover equitable and 

2 legal relief (including compensatory and punitive dam3 ages), attorney’s fees (including expert fees), and costs of 

4 the action, except that punitive damages are not available 

5 against a government, government agency, or political 

6 subdivision. 

7 ‘‘(b) CLAIMS BASED ON THE DISPARATE IMPACT

8 STANDARD OF PROOF.—In an action brought by an ag9 grieved person under this title against a covered agency 

10 who has engaged in unlawful discrimination based on dis11 parate impact prohibited under this title (including imple12 menting regulations), the aggrieved person may recover 

13 attorney’s fees (including expert fees), and costs of the 

14 action.’’. 

15 SEC. 7. CONSIDERATION OF CUMULATIVE IMPACTS AND 

16 PERSISTENT VIOLATIONS IN CERTAIN PER17 MITTING DECISIONS. 

18 (a) FEDERAL WATER POLLUTION CONTROL ACT.— 

19 Section 402 of the Federal Water Pollution Control Act 

20 (33 U.S.C. 1342) is amended— 

21 (1) by striking the section designation and 

22 heading and all that follows through ‘‘Except as’’ in 

23 subsection (a)(1) and inserting the following: 


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1 ‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI2 NATION SYSTEM. 

3 ‘‘(a) PERMITS ISSUED BY ADMINISTRATOR.— 

4 ‘‘(1) IN GENERAL.—Except as’’; 

5 (2) in subsection (a)— 

6 (A) in paragraph (1)— 

7 (i) by striking ‘‘upon condition that 

8 such discharge will meet either (A) all’’ 

9 and inserting the following: ‘‘subject to the 

10 conditions that— 

11 ‘‘(A) the discharge will achieve compliance with, as 

12 applicable— 

13 ‘‘(i) all’’; 

14 (ii) by striking ‘‘403 of this Act, or 

15 (B) prior’’ and inserting the following: 

16 ‘‘403; or 

17 ‘‘(ii) prior’’; and 

18 (iii) by striking ‘‘this Act.’’ and insert19 ing the following: ‘‘this Act; and 

20 ‘‘(B) with respect to the issuance or renewal of the 

21 permit— 

22 ‘‘(i) based on an analysis by the Administrator 

23 of existing water quality and the potential cumu24 lative impacts (as defined in section 501 of the 

25 Clean Air Act (42 U.S.C. 7661)) of the discharge, 

26 considered in conjunction with the designated and 


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1 actual uses of the impacted navigable water, there 

2 exists a reasonable certainty of no harm to the 

3 health of the general population, or to any poten4 tially exposed or susceptible subpopulation; or 

5 ‘‘(ii) if the Administrator determines that, due 

6 to those potential cumulative impacts, there does not 

7 exist a reasonable certainty of no harm to the health 

8 of the general population, or to any potentially ex9 posed or susceptible subpopulation, the permit or re10 newal includes such terms and conditions as the Ad11 ministrator determines to be necessary to ensure a 

12 reasonable certainty of no harm.’’; and 

13 (B) in paragraph (2), by striking ‘‘assure 

14 compliance with the requirements of paragraph 

15 (1) of this subsection, including conditions on 

16 data and information collection, reporting, and 

17 such other requirements as he deems appro18 priate.’’ and inserting the following: ‘‘ensure 

19 compliance with the requirements of paragraph 

20 (1), including— 

21 ‘‘(A) conditions relating to— 

22 ‘‘(i) data and information collection; 

23 ‘‘(ii) reporting; and 

24 ‘‘(iii) such other requirements as the Ad25 ministrator determines to be appropriate; and 


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1 ‘‘(B) additional controls or pollution prevention 

2 requirements.’’; and 

3 (3) in subsection (b)— 

4 (A) in each of paragraphs (1)(D), (2)(B), 

5 and (3) through (7), by striking the semicolon 

6 at the end and inserting a period; 

7 (B) in paragraph (8), by striking ‘‘; and’’ 

8 at the end and inserting a period; and 

9 (C) by adding at the end the following: 

10 ‘‘(10) To ensure that no permit will be issued or re11 newed if, with respect to an application for the permit, 

12 the State determines, based on an analysis by the State 

13 of existing water quality and the potential cumulative im14 pacts (as defined in section 501 of the Clean Air Act (42 

15 U.S.C. 7661)) of the discharge, considered in conjunction 

16 with the designated and actual uses of the impacted navi17 gable water, that the terms and conditions of the permit 

18 or renewal would not be sufficient to ensure a reasonable 

19 certainty of no harm to the health of the general popu20 lation, or to any potentially exposed or susceptible sub21 population.’’. 

22 (b) CLEAN AIR ACT.— 

23 (1) DEFINITIONS.—Section 501 of the Clean 

24 Air Act (42 U.S.C. 7661) is amended— 


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1 (A) in the matter preceding paragraph (1), 

2 by striking ‘‘As used in this title—’’ and insert3 ing ‘‘In this title:’’; 

4 (B) by redesignating paragraphs (2), (3), 

5 and (4) as paragraphs (3), (5), and (4), respec6 tively, and moving the paragraphs so as to ap7 pear in numerical order; and 

8 (C) by inserting after paragraph (1) the 

9 following: 

10 ‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu11 lative impacts’ means any exposure to a public 

12 health or environmental risk, or other effect occur13 ring in a specific geographical area, including from 

14 an emission, discharge, or release— 

15 ‘‘(A) including— 

16 ‘‘(i) environmental pollution re17 leased— 

18 ‘‘(I)(aa) routinely; 

19 ‘‘(bb) accidentally; or 

20 ‘‘(cc) otherwise; and 

21 ‘‘(II) from any source, whether 

22 single or multiple; and 

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1 seeable emissions and discharges affecting 

2 the geographical area; and 

3 ‘‘(B) evaluated taking into account sen4 sitive populations and other factors that may 

5 heighten vulnerability to environmental pollu6 tion and associated health risks, including so7 cioeconomic characteristics.’’. 

8 (2) PERMIT PROGRAMS.—Section 502(b) of the 

9 Clean Air Act (42 U.S.C. 7661a(b)) is amended— 

10 (A) in paragraph (5)— 

11 (i) in subparagraphs (A) and (C), by 

12 striking ‘‘assure’’ each place it appears and 

13 inserting ‘‘ensure’’; and 

14 (ii) by striking subparagraph (F) and 

15 inserting the following: 

16 ‘‘(F) ensure that no permit will be issued 

17 or renewed, as applicable, if— 

18 ‘‘(i) with respect to an application for 

19 a permit or renewal of a permit for a 

20 major source, the permitting authority de21 termines under paragraph (9)(A)(i)(II)(bb) 

22 that the terms and conditions of the per23 mit or renewal would not be sufficient to 

24 ensure a reasonable certainty of no harm 

25 to the health of the general population, or 


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1 to any potentially exposed or susceptible 

2 subpopulation, of the applicable census 

3 block groups or Tribal census block groups 

4 (as those terms are defined by the Director 

5 of the Bureau of the Census); or 

6 ‘‘(ii) the Administrator objects to the 

7 issuance of the permit in a timely manner 

8 under this title.’’; and 

9 (B) by amending paragraph (9) to read as 

10 follows: 

11 ‘‘(9) MAJOR SOURCES.— 

12 ‘‘(A) IN GENERAL.—With respect to any 

13 permit or renewal of a permit, as applicable, for 

14 a major source, a requirement that the permit15 ting authority shall— 

16 ‘‘(i) in determining whether to issue 

17 or renew the permit— 

18 ‘‘(I) evaluate the potential cumu19 lative impacts of the major source, as 

20 described in the applicable cumulative 

21 impacts analysis submitted under sec22 tion 503(b)(3), taking into consider23 ation other pollution sources and risk 

24 factors within a community; 


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1 ‘‘(II) if, due to those potential 

2 cumulative impacts, the permitting 

3 authority cannot determine that there 

4 exists a reasonable certainty of no 

5 harm to the health of the general pop6 ulation, or to any potentially exposed 

7 or susceptible subpopulation, of any 

8 census block groups or Tribal census 

9 block groups (as those terms are de10 fined by the Director of the Bureau of 

11 the Census) located in, or immediately 

12 adjacent to, the area in which the 

13 major source is, or is proposed to be, 

14 located— 

15 ‘‘(aa) include in the permit 

16 or renewal such standards and 

17 requirements (including addi18 tional controls or pollution pre19 vention requirements) as the per20 mitting authority determines to 

21 be necessary to ensure a reason22 able certainty of no such harm; 

23 or 

24 ‘‘(bb) if the permitting au25 thority determines that standards 


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1 and requirements described in 

2 item (aa) would not be sufficient 

3 to ensure a reasonable certainty 

4 of no such harm, deny the 

5 issuance or renewal of the per6 mit; 

7 ‘‘(III) determine whether the ap8 plicant is a persistent violator, based 

9 on such criteria relating to the history 

10 of compliance by an applicant with 

11 this Act as the Administrator shall es12 tablish by not later than 180 days 

13 after the date of enactment of the En14 vironmental Justice for All Act; 

15 ‘‘(IV) if the permitting authority 

16 determines under subclause (III) that 

17 the applicant is a persistent violator 

18 and the permitting authority does not 

19 deny the issuance or renewal of the 

20 permit pursuant to subclause 

21 (II)(bb)— 

22 ‘‘(aa) require the applicant 

23 to submit a plan that describes— 

24 ‘‘(AA) if the applicant 

25 is not in compliance with 


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1 this Act, measures the appli2 cant will carry out to 

3 achieve that compliance, to4 gether with an approximate 

5 deadline for that achieve6 ment; 

7 ‘‘(BB) measures the 

8 applicant will carry out, or 

9 has carried out to ensure the 

10 applicant will remain in 

11 compliance with this Act, 

12 and to mitigate the environ13 mental and health effects of 

14 noncompliance; and 

15 ‘‘(CC) the measures the 

16 applicant has carried out in 

17 preparing the plan to con18 sult or negotiate with the 

19 communities affected by 

20 each persistent violation ad21 dressed in the plan; and 

22 ‘‘(bb) once such a plan is 

23 submitted, determine whether the 

24 plan is adequate to ensuring that 

25 the applicant— 


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1 ‘‘(AA) will achieve com2 pliance with this Act expedi3 tiously; 

4 ‘‘(BB) will remain in 

5 compliance with this Act; 

6 ‘‘(CC) will mitigate the 

7 environmental and health ef8 fects of noncompliance; and 

9 ‘‘(DD) has solicited and 

10 responded to community 

11 input regarding the redemp12 tion plan; and 

13 ‘‘(V) deny the issuance or re14 newal of the permit if the permitting 

15 authority determines that— 

16 ‘‘(aa) the plan submitted 

17 under subclause (IV)(aa) is inad18 equate; or 

19 ‘‘(bb)(AA) the applicant has 

20 submitted a plan on a prior occa21 sion, but continues to be a per22 sistent violator; and 

23 ‘‘(BB) no indication exists 

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1 cumstances excusing the per2 sistent violations; and 

3 ‘‘(ii) in the case of such a permit with 

4 a term of 3 years or longer, require permit 

5 revisions in accordance with subparagraph 

6 (B). 

7 ‘‘(B) REVISION REQUIREMENTS.— 

8 ‘‘(i) DEADLINE.—A revision described 

9 in subparagraph (A)(ii) shall occur as ex10 peditiously as practicable and consistent 

11 with the procedures established under 

12 paragraph (6) but not later than 18 

13 months after the promulgation of such 

14 standards and regulations. 

15 ‘‘(ii) EXCEPTION.—A revision under 

16 this paragraph shall not be required if the 

17 effective date of the standards or regula18 tions is a date after the expiration of the 

19 permit term. 

20 ‘‘(iii) TREATMENT AS RENEWAL.—A 

21 permit revision under this paragraph shall 

22 be treated as a permit renewal if it com23 plies with the requirements of this title re24 garding renewals.’’. 


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1 (3) PERMIT APPLICATIONS.—Section 503(b) of 

2 the Clean Air Act (42 U.S.C. 7661b(b)) is amended 

3 by adding at the end the following: 

4 ‘‘(3) MAJOR SOURCE ANALYSES.—The regulations 

5 required by section 502(b) shall include a requirement 

6 that an applicant for a permit or renewal of a permit for 

7 a major source shall submit, together with the compliance 

8 plan required under this subsection, a cumulative impacts 

9 analysis for each census block group or Tribal census 

10 block group (as those terms are defined by the Director 

11 of the Bureau of the Census) located in, or immediately 

12 adjacent to, the area in which the major source is, or is 

13 proposed to be, located that analyzes— 

14 ‘‘(A) community demographics and locations of 

15 community exposure points, such as schools, day 

16 care centers, nursing homes, hospitals, health clinics, 

17 places of religious worship, parks, playgrounds, and 

18 community centers; 

19 ‘‘(B) air quality and the potential effect on that 

20 air quality of emissions of air pollutants (including 

21 pollutants listed under section 108 or 112) from the 

22 major source, including in combination with existing 

23 sources of pollutants; 

24 ‘‘(C) the potential effects on soil quality and 

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1 lutants that could contaminate soil or water from 

2 the major source, including in combination with ex3 isting sources of pollutants; and 

4 ‘‘(D) public health and any potential effects on 

5 public health from the major source.’’. 

6 SEC. 8. INTERAGENCY WORKING GROUP ON ENVIRON7 MENTAL JUSTICE COMPLIANCE AND EN8 FORCEMENT. 

9 (a) ESTABLISHMENT.—Not later than 30 days after 

10 the date of enactment of this Act, the President shall es11 tablish a working group, to be known as the Interagency 

12 Working Group on Environmental Justice Compliance and 

13 Enforcement. 

14 (b) PURPOSES.—The purposes of the Working Group 

15 are— 

16 (1) to improve coordination and collaboration 

17 among Federal agencies and to help advise and as18 sist Federal agencies in identifying and addressing, 

19 as appropriate, the disproportionate human health 

20 and environmental effects of Federal programs, poli21 cies, practices, and activities on communities of 

22 color, low-income communities, and Tribal and in23 digenous communities; 


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1 (2) to promote meaningful involvement and due 

2 process in the development, implementation, and en3 forcement of environmental laws; 

4 (3) to coordinate with, and provide direct guid5 ance and technical assistance to, environmental jus6 tice communities, with a focus on increasing commu7 nity understanding of the science, regulations, and 

8 policy related to Federal agency actions on environ9 mental justice issues; and 

10 (4) to address environmental health, pollution, 

11 and public health burdens in environmental justice 

12 communities, and build healthy, sustainable, and re13 silient communities. 

14 (c) COMPOSITION.—The Working Group shall be 

15 composed of members as follows (or their designee): 

16 (1) The Secretary of Agriculture. 

17 (2) The Secretary of Commerce. 

18 (3) The Secretary of Defense. 

19 (4) The Secretary of Education. 

20 (5) The Secretary of Energy. 

21 (6) The Secretary of Health and Human Serv22 ices. 

23 (7) The Secretary of Homeland Security. 

24 (8) The Secretary of Housing and Urban Devel25 opment. 


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1 (9) The Secretary of the Interior. 

2 (10) The Attorney General. 

3 (11) The Secretary of Labor. 

4 (12) The Secretary of Transportation. 

5 (13) The Administrator of the Environmental 

6 Protection Agency. 

7 (14) The Director of the Office of Management 

8 and Budget. 

9 (15) The Director of the Office of Science and 

10 Technology Policy. 

11 (16) The Deputy Assistant to the President for 

12 Environmental Policy. 

13 (17) The Assistant to the President for Domes14 tic Policy. 

15 (18) The Director of the National Economic 

16 Council. 

17 (19) The Chairperson of the Council on Envi18 ronmental Quality. 

19 (20) The Chairperson of the Council of Eco20 nomic Advisers. 

21 (21) The Director of the National Institutes of 

22 Health. 

23 (22) The Director of the Office of Environ24 mental Justice. 


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1 (23) The Chairperson of the Consumer Product 

2 Safety Commission. 

3 (24) The Chairperson of the Chemical Safety 

4 Board. 

5 (25) The Director of the National Park Service. 

6 (26) The Assistant Secretary of the Bureau of 

7 Indian Affairs. 

8 (27) The Chairperson of the National Environ9 mental Justice Advisory Council. 

10 (28) The head of any other agency that the 

11 President may designate. 

12 (d) GOVERNANCE.—The Chairperson of the Council 

13 on Environmental Quality shall serve as Chairperson of 

14 the Working Group. 

15 (e) REPORT TO PRESIDENT.—The Working Group 

16 shall report to the President through the Chairperson of 

17 the Council on Environmental Quality. 

18 (f) UNIFORM CONSIDERATION GUIDANCE.— 

19 (1) IN GENERAL.—To ensure that there is a 

20 common level of understanding of terminology used 

21 in dealing with environmental justice issues, not 

22 later than 1 year after the date of enactment of this 

23 Act, after coordinating with and conducting outreach 

24 to environmental justice communities, State govern25 ments, Tribal Governments, and local governments, 


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1 the Working Group shall develop and publish in the 

2 Federal Register a guidance document to assist Fed3 eral agencies in defining and applying the following 

4 terms: 

5 (A) Health disparities. 

6 (B) Environmental exposure disparities. 

7 (C) Demographic characteristics, including 

8 age, sex, and race or ethnicity. 

9 (D) Social stressors, including poverty, 

10 housing quality, access to health care, edu11 cation, immigration status, linguistic isolation, 

12 historical trauma, and lack of community re13 sources. 

14 (E) Cumulative impacts or risks. 

15 (F) Community vulnerability or suscepti16 bility to adverse human health and environ17 mental effects (including climate change). 

18 (G) Barriers to meaningful involvement in 

19 the development, implementation, and enforce20 ment of environmental laws. 

21 (H) Community capacity to address envi22 ronmental concerns, including the capacity to 

23 obtain equitable access to environmental amen24 ities. 


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1 (2) PUBLIC COMMENT.—For a period of not 

2 less than 30 days, the Working Group shall seek 

3 public comment on the guidance document developed 

4 under paragraph (1). 

5 (3) DOCUMENTATION.—Not later than 90 days 

6 after the date of publication of the guidance docu7 ment under paragraph (1), the head of each Federal 

8 agency participating in the Working Group shall 

9 document the ways in which the Federal agency will 

10 incorporate guidance from the document into the en11 vironmental justice strategy of the Federal agency 

12 developed and finalized under section 9(b). 

13 (g) DEVELOPMENT OF INTERAGENCY FEDERAL EN14 VIRONMENTAL JUSTICE STRATEGY.— 

15 (1) IN GENERAL.—Not later than 3 years after 

16 the date of enactment of this Act, after notice and 

17 opportunity for public comment, the Working Group 

18 shall develop and issue a coordinated interagency 

19 Federal environmental justice strategy. 

20 (2) CONSIDERATION.—In carrying out para21 graph (1), the Working Group shall consider each 

22 environmental justice strategy developed and final23 ized by each Federal agency that participates in the 

24 Working Group under section 9(b). 

25 (h) REPORT TO PRESIDENT.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date described in subsection (g)(1), the 

3 Working Group shall submit to the President a re4 port that contains— 

5 (A) a description of the implementation of 

6 the interagency Federal environmental justice 

7 strategy; and 

8 (B) a copy of the finalized environmental 

9 justice strategy of each Federal agency that 

10 participates in the Working Group that is devel11 oped and finalized under section 9(b). 

12 (2) PUBLIC AVAILABILITY.—The head of each 

13 Federal agency that participates in the Working 

14 Group shall make the report described in paragraph 

15 (1) available to the public (including by posting a 

16 copy of the report on the website of each Federal 

17 agency). 

18 SEC. 9. FEDERAL AGENCY ACTIONS AND RESPONSIBIL19 ITIES. 

20 (a) CONDUCT OF PROGRAMS.—Each Federal agency 

21 that participates in the Working Group shall conduct each 

22 program, policy, practice, and activity of the Federal agen23 cy that adversely affects, or has the potential to adversely 

24 affect, human health or the environment in a manner that 

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1 ity does not have an effect of excluding any individual 

2 from participating in, denying any individual the benefits 

3 of, or subjecting any individual to discrimination or dis4 parate impact under, such program, policy, practice, or ac5 tivity of the Federal agency because of the race, color, na6 tional origin, or income level of the individual. 

7 (b) FEDERAL AGENCY ENVIRONMENTAL JUSTICE

8 STRATEGIES.— 

9 (1) IN GENERAL.—Not later than 2 years after 

10 the date of enactment of this Act, and after notice 

11 and opportunity for public comment, each Federal 

12 agency that participates in the Working Group shall 

13 develop and finalize an agencywide environmental 

14 justice strategy that— 

15 (A) identifies staff to support implementa16 tion of the Federal agency’s environmental jus17 tice strategy; 

18 (B) identifies and addresses any dispropor19 tionately high or adverse human health or envi20 ronmental effects of its programs, policies, 

21 practices, and activities on— 

22 (i) communities of color; 

23 (ii) low-income communities; and 

24 (iii) Tribal and indigenous commu25 nities; and 


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1 (C) complies with each requirement de2 scribed in paragraph (2). 

3 (2) CONTENTS.—Each environmental justice 

4 strategy developed by a Federal agency under para5 graph (1) shall contain— 

6 (A) an assessment that identifies each pro7 gram, policy, practice, and activity (including 

8 any public participation process) of the Federal 

9 agency, relating to human health or the envi10 ronment that the Federal agency determines 

11 should be revised— 

12 (i) to ensure that all persons have the 

13 same degree of protection from environ14 mental and health hazards; 

15 (ii) to ensure meaningful public in16 volvement and due process in the develop17 ment, implementation, and enforcement of 

18 all Federal laws; 

19 (iii) to improve direct guidance and 

20 technical assistance to environmental jus21 tice communities with respect to the under22 standing of the science, regulations, and 

23 policy related to Federal agency action on 

24 environmental justice issues; 


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1 (iv) to improve cooperation with State 

2 governments, Tribal Governments, and 

3 local governments to address pollution and 

4 public health burdens in environmental jus5 tice communities, and build healthy, sus6 tainable, and resilient communities; 

7 (v) to improve Federal research and 

8 data collection efforts related to— 

9 (I) the health and environment of 

10 communities of color, low-income com11 munities, and Tribal and indigenous 

12 communities; 

13 (II) climate change; and 

14 (III) the inequitable distribution 

15 of burdens and benefits of the man16 agement and use of natural resources, 

17 including water, minerals, or land; 

18 and 

19 (vi) to reduce or eliminate dispropor20 tionately adverse human health or environ21 mental effects on communities of color, 

22 low-income communities, and Tribal and 

23 indigenous communities; and 

24 (B) a timetable for the completion of— 


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1 (i) each revision identified under sub2 paragraph (A); and 

3 (ii) an assessment of the economic 

4 and social implications of each revision 

5 identified under subparagraph (A). 

6 (3) REPORTS.— 

7 (A) ANNUAL REPORTS.—Not later than 2 

8 years after the finalization of an environmental 

9 justice strategy under this subsection, and an10 nually thereafter, a Federal agency that partici11 pates in the Working Group shall submit to the 

12 Working Group a report describing the progress 

13 of the Federal agency in implementing the envi14 ronmental justice strategy of the Federal agen15 cy. 

16 (B) PERIODIC REPORTS.—In addition to 

17 the annual reports described in subparagraph 

18 (A), upon receipt of a request from the Work19 ing Group, a Federal agency shall submit to the 

20 Working Group a report that contains such in21 formation as the Working Group may require. 

22 (4) REVISION OF AGENCYWIDE ENVIRON23 MENTAL JUSTICE STRATEGY.—Not later than 5 

24 years after the date of enactment of this Act, each 


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1 Federal agency that participates in the Working 

2 Group shall— 

3 (A) evaluate and revise the environmental 

4 justice strategy of the Federal agency; and 

5 (B) submit to the Working Group a copy 

6 of the revised version of the environmental jus7 tice strategy of the Federal agency. 

8 (5) PETITION.— 

9 (A) IN GENERAL.—The head of a Federal 

10 agency may submit to the President a petition 

11 for an exemption of any requirement described 

12 in this section with respect to any program or 

13 activity of the Federal agency if the head of the 

14 Federal agency determines that complying with 

15 such requirement would compromise the agen16 cy’s ability to carry out its core missions. 

17 (B) AVAILABILITY TO PUBLIC.—Each peti18 tion submitted by a Federal agency to the 

19 President under subparagraph (A) shall be 

20 made available to the public (including through 

21 a description of the petition on the website of 

22 the Federal agency). 

23 (C) CONSIDERATION.—In determining 

24 whether to grant a petition for an exemption 

25 submitted by a Federal agency to the President 


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1 under subparagraph (A), the President shall 

2 make a decision that reflects both the merits of 

3 the specific case and the broader national inter4 est in breaking cycles of environmental injus5 tice, and shall consider whether the granting of 

6 the petition would likely— 

7 (i) result in disproportionately adverse 

8 human health or environmental effects on 

9 communities of color, low-income commu10 nities, and Tribal and indigenous commu11 nities; or 

12 (ii) exacerbate, or fail to ameliorate, 

13 any disproportionately adverse human 

14 health or environmental effect on any com15 munity of color, low-income community, or 

16 Tribal and indigenous community. 

17 (D) APPEAL.— 

18 (i) IN GENERAL.—Not later than 90 

19 days after the date on which the President 

20 approves a petition under this paragraph, 

21 an individual may appeal the decision of 

22 the President to approve the petition. 

23 (ii) WRITTEN APPEAL.— 

24 (I) IN GENERAL.—To appeal a 

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1 paragraph (A), an individual shall 

2 submit a written appeal to— 

3 (aa) the Council on Environ4 mental Quality; 

5 (bb) the Deputy Assistant to 

6 the President for Environmental 

7 Policy; or 

8 (cc) the Assistant to the 

9 President for Domestic Policy. 

10 (II) CONTENTS.—A written ap11 peal shall contain a description of 

12 each reason why the exemption that is 

13 the subject of the petition is unneces14 sary. 

15 (iii) REQUIREMENT OF PRESIDENT.— 

16 Not later than 90 days after the date on 

17 which an official described in clause (ii)(I) 

18 receives a written appeal submitted by an 

19 individual under that clause, the President 

20 shall provide to the individual a written no21 tification describing the decision of the 

22 President with respect to the appeal. 

23 (c) HUMAN HEALTH AND ENVIRONMENTAL RE24 SEARCH, DATA COLLECTION, AND ANALYSIS.— 


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1 (1) RESEARCH.—Each Federal agency, to the 

2 maximum extent practicable and permitted by appli3 cable law, shall— 

4 (A) in conducting environmental, public ac5 cess, or human health research, include diverse 

6 segments of the population in epidemiological 

7 and clinical studies, including segments at high 

8 risk from environmental hazards such as com9 munities of color, low-income communities, and 

10 Tribal and indigenous communities; 

11 (B) in conducting environmental or human 

12 health analyses, identify multiple and cumu13 lative exposures, including potentially exacer14 bated risks due to current and future climate 

15 impacts; and 

16 (C) actively encourage and solicit commu17 nity-based science, and provide to communities 

18 of color, low-income communities, and Tribal 

19 and indigenous communities the opportunity to 

20 comment on and participate in the development 

21 and design of research strategies carried out 

22 pursuant to this Act. 

23 (2) DISPROPORTIONATE IMPACT.—To the max24 imum extent practicable and permitted by applicable 

25 law (including section 552a of title 5, United States 


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1 Code (commonly known as the ‘‘Privacy Act’’)), each 

2 Federal agency shall— 

3 (A) collect, maintain, and analyze informa4 tion assessing and comparing environmental 

5 and human health risks borne by populations 

6 identified by race, national origin, income, or 

7 other readily available and appropriate informa8 tion; and 

9 (B) use that information to determine 

10 whether the programs, policies, and activities of 

11 the Federal agency have disproportionally ad12 verse human health or environmental effects on 

13 communities of color, low-income communities, 

14 and Tribal and indigenous communities. 

15 (3) INFORMATION RELATING TO NON-FEDERAL

16 FACILITIES.—In connection with the implementation 

17 of Federal agency environmental justice strategies 

18 under subsection (b), each Federal agency, to the 

19 maximum extent practicable and permitted by appli20 cable law, shall collect, maintain, and analyze infor21 mation relating to the race, national origin, and in22 come level, and other readily accessible and appro23 priate information, for communities of color, low-in24 come communities, and Tribal and indigenous com25 munities in proximity to any facility or site expected 


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1 to have a substantial environmental, human health, 

2 or economic effect on the surrounding populations, if 

3 the facility or site becomes the subject of a substan4 tial Federal environmental administrative or judicial 

5 action. 

6 (4) IMPACT FROM FEDERAL FACILITIES.—Each 

7 Federal agency, to the maximum extent practicable 

8 and permitted by applicable law, shall collect, main9 tain, and analyze information relating to the race, 

10 national origin, and income level, and other readily 

11 accessible and appropriate information, for commu12 nities of color, low-income communities, and Tribal 

13 and indigenous communities in proximity to any fa14 cility of the Federal agency that is— 

15 (A) subject to the reporting requirements 

16 under the Emergency Planning and Community 

17 Right-to-Know Act of 1986 (42 U.S.C. 11001 

18 et seq.), as required by Executive Order 12856 

19 (42 U.S.C. 4321 note); and 

20 (B) expected to have a substantial environ21 mental, human health, or economic effect on 

22 surrounding populations. 

23 (d) CONSUMPTION OF FISH AND WILDLIFE.— 

24 (1) IN GENERAL.—Each Federal agency shall 

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1 vise, as practicable and appropriate, guidance on ac2 tions of the Federal agency that will impact fish and 

3 wildlife consumed by populations that principally 

4 rely on fish or wildlife for subsistence. 

5 (2) REQUIREMENT.—The guidance described in 

6 paragraph (1) shall— 

7 (A) reflect the latest scientific information 

8 available concerning methods for evaluating the 

9 human health risks associated with the con10 sumption of pollutant-bearing fish or wildlife; 

11 and 

12 (B) publish the risks of such consumption 

13 patterns. 

14 (e) MAPPING AND SCREENING TOOL.—The Adminis15 trator shall make available to the public an environmental 

16 justice mapping and screening tool (such as EJScreen or 

17 an equivalent tool) that includes, at a minimum, the fol18 lowing features: 

19 (1) Nationally consistent data. 

20 (2) Environmental data. 

21 (3) Demographic data, including data relating 

22 to race, ethnicity, and income. 

23 (4) Capacity to produce maps and reports by 

24 geographical area. 


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1 (5) Data on national parks and other federally 

2 protected natural, historic, and cultural sites. 

3 (f) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 

4 Any person may commence a civil action— 

5 (1) to seek relief from, or to compel, an agency 

6 action under this section (including regulations pro7 mulgated pursuant to this section); or 

8 (2) otherwise to ensure compliance with this 

9 section (including regulations promulgated pursuant 

10 to this section). 

11 (g) INFORMATION SHARING.—In carrying out this 

12 section, each Federal agency, to the maximum extent 

13 practicable and permitted by applicable law, shall share 

14 information and eliminate unnecessary duplication of ef15 forts through the use of existing data systems and cooper16 ative agreements among Federal agencies and with State, 

17 local, and Tribal Governments. 

18 (h) CODIFICATION OF GUIDANCE.— 

19 (1) COUNCIL ON ENVIRONMENTAL QUALITY.— 

20 Sections II and III of the guidance issued by the 

21 Council on Environmental Quality entitled ‘‘Environ22 mental Justice Guidance Under the National Envi23 ronmental Policy Act’’ and dated December 10, 

24 1997, are enacted into law. 


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1 (2) ENVIRONMENTAL PROTECTION AGENCY.— 

2 The guidance issued by the Environmental Protec3 tion Agency entitled ‘‘EPA Policy on Consultation 

4 and Coordination with Indian Tribes: Guidance for 

5 Discussing Tribal Treaty Rights’’ and dated Feb6 ruary 2016 is enacted into law. 

7 SEC. 10. OMBUDSMEN. 

8 (a) ESTABLISHMENT.—The Administrator shall es9 tablish within the Environmental Protection Agency a po10 sition of Environmental Justice Ombudsman. 

11 (b) REPORTING.—The Environmental Justice Om12 budsman shall— 

13 (1) report directly to the Administrator; and 

14 (2) not be required to report to the Office of 

15 Environmental Justice of the Environmental Protec16 tion Agency. 

17 (c) FUNCTIONS.—The Ombudsman shall— 

18 (1) in coordination with the Inspector General 

19 of the Environmental Protection Agency, establish 

20 an independent, neutral, accessible, confidential, and 

21 standardized process— 

22 (A) to receive, review, and process com23 plaints and allegations with respect to environ24 mental justice programs and activities of the 

25 Environmental Protection Agency; and 


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•S 4401 IS

1 (B) to assist individuals in resolving com2 plaints and allegations described in subpara3 graph (A); 

4 (2) identify and thereafter review, examine, and 

5 make recommendations to the Administrator to ad6 dress recurring and chronic complaints regarding 

7 specific environmental justice programs and activi8 ties of the Environmental Protection Agency identi9 fied by the Ombudsman pursuant to paragraph (1); 

10 (3) review the Environmental Protection Agen11 cy’s compliance with policies and standards of the 

12 Environmental Protection Agency with respect to its 

13 environmental justice programs and activities; and 

14 (4) produce an annual report that details the 

15 findings of the regional staff, feedback received from 

16 environmental justice communities, and rec17 ommendations to increase cooperation between the 

18 Environmental Protection Agency and environmental 

19 justice communities. 

20 (d) AVAILABILITY OF REPORT.—The Administrator 

21 shall make each report produced pursuant to subsection 

22 (c) available to the public (including by posting a copy of 

23 the report on the website of the Environmental Protection 

24 Agency). 

25 (e) REGIONAL STAFF.— 


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1 (1) AUTHORITY OF ENVIRONMENTAL JUSTICE

2 OMBUDSMAN.—The Administrator shall allow the 

3 Environmental Justice Ombudsman to hire such 

4 staff as the Environmental Justice Ombudsman de5 termines to be necessary to carry out at each re6 gional office of the Environmental Protection Agency 

7 the functions of the Environmental Justice Ombuds8 man described in subsection (c). 

9 (2) PURPOSES.—Staff hired pursuant to para10 graph (1) shall— 

11 (A) foster cooperation between the Envi12 ronmental Protection Agency and environ13 mental justice communities; 

14 (B) consult with environmental justice 

15 communities on the development of policies and 

16 programs of the Environmental Protection 

17 Agency; 

18 (C) receive feedback from environmental 

19 justice communities on the performance of the 

20 Environmental Protection Agency; and 

21 (D) compile and submit to the Environ22 mental Justice Ombudsman such information 

23 as may be necessary for the Ombudsman to 

24 produce the annual report described in sub25 section (c). 


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1 (3) FULL-TIME POSITION.—Each individual 

2 hired by the Environmental Justice Ombudsman 

3 under paragraph (1) shall be hired as a full-time 

4 employee of the Environmental Protection Agency. 

5 SEC. 11. ACCESS TO PARKS, OUTDOOR SPACES, AND PUB6 LIC RECREATION OPPORTUNITIES. 

7 (a) DEFINITIONS.—In this section: 

8 (1) ELIGIBLE ENTITY.— 

9 (A) IN GENERAL.—The term ‘‘eligible enti10 ty’’ means— 

11 (i) a State; 

12 (ii) a political subdivision of a State, 

13 including— 

14 (I) a city; and 

15 (II) a county; 

16 (iii) a special purpose district, includ17 ing park districts; and 

18 (iv) an Indian Tribe. 

19 (B) POLITICAL SUBDIVISIONS AND INDIAN

20 TRIBES.—A political subdivision of a State or 

21 an Indian Tribe shall be considered an eligible 

22 entity only if the political subdivision or Indian 

23 Tribe represents or otherwise serves a quali24 fying urban area. 


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1 (2) OUTDOOR RECREATION LEGACY PARTNER2 SHIP GRANT PROGRAM.—The term ‘‘Outdoor Recre3 ation Legacy Partnership Grant Program’’ means 

4 the program established under subsection (b). 

5 (3) QUALIFYING URBAN AREA.—The term 

6 ‘‘qualifying urban area’’ means an area identified by 

7 the Census Bureau as an ‘‘urban area’’ in the most 

8 recent census. 

9 (4) SECRETARY.—The term ‘‘Secretary’’ means 

10 the Secretary of the Interior. 

11 (b) ESTABLISHMENT.—The Secretary shall establish 

12 an outdoor recreation legacy partnership grant program 

13 under which the Secretary may award grants to eligible 

14 entities for projects— 

15 (1) to acquire land and water for parks and 

16 other outdoor recreation purposes; 

17 (2) to develop new or renovate existing outdoor 

18 recreation facilities; and 

19 (3) to develop projects that provide opportuni20 ties for outdoor education and public lands vol21 unteerism. 

22 (c) MATCHING REQUIREMENT.— 

23 (1) IN GENERAL.—As a condition of receiving a 

24 grant under subsection (b), an eligible entity shall 

25 provide matching funds in the form of cash or an inVerDate Sep 11 2014 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401

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1 kind contribution in an amount equal to not less 

2 than 100 percent of the amounts made available 

3 under the grant. 

4 (2) SOURCES.—The matching amounts referred 

5 to in paragraph (1) may include amounts made 

6 available from State, local, nongovernmental, or pri7 vate sources. 

8 (3) WAIVER.—The Secretary may waive all or 

9 part of the matching requirement under paragraph 

10 (1) if the Secretary determines that— 

11 (A) no reasonable means are available 

12 through which an applicant can meet the 

13 matching requirement; and 

14 (B) the probable benefit of such project 

15 outweighs the public interest in such matching 

16 requirement. 

17 (d) ELIGIBLE USES.— 

18 (1) IN GENERAL.—A grant recipient may use a 

19 grant awarded under this section— 

20 (A) to acquire land or water that provides 

21 outdoor recreation opportunities to the public; 

22 and 

23 (B) to develop or renovate outdoor rec24 reational facilities that provide outdoor recreVerDate Sep 11 2014 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401

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1 ation opportunities to the public, with priority 

2 given to projects that— 

3 (i) create or significantly enhance ac4 cess to park and recreational opportunities 

5 in an urban or suburban area that lacks 

6 access to such activities; 

7 (ii) engage and empower underserved 

8 communities and youth; 

9 (iii) provide opportunities for youth 

10 employment or job training; 

11 (iv) establish or expand public-private 

12 partnerships, with a focus on leveraging re13 sources; and 

14 (v) take advantage of coordination 

15 among various levels of government. 

16 (2) LIMITATIONS ON USE.—A grant recipient 

17 may not use grant funds for— 

18 (A) grant administration costs; 

19 (B) incidental costs related to land acquisi20 tion, including appraisal and titling; 

21 (C) operation and maintenance activities; 

22 (D) facilities that support semiprofessional 

23 or professional athletics; 


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1 (E) indoor facilities such as recreation cen2 ters or facilities that support primarily non-out3 door purposes; or 

4 (F) acquisition of land or interests in land 

5 that restrict access to specific persons. 

6 (e) NATIONAL PARK SERVICE REQUIREMENTS.—In 

7 carrying out the Outdoor Recreation Legacy Partnership 

8 Grant Program, the Secretary shall— 

9 (1) conduct an initial screening and technical 

10 review of applications received; and 

11 (2) evaluate and score all qualifying applica12 tions. 

13 (f) REPORTING.— 

14 (1) ANNUAL REPORTS.—Not later than 30 days 

15 after the last day of each report period, each State 

16 lead agency that receives a grant under this section 

17 shall annually submit to the Secretary performance 

18 and financial reports that— 

19 (A) summarize project activities conducted 

20 during the report period; and 

21 (B) provide the status of the project, in22 cluding of description of how the project has 

23 improved access to parkland, open space, or 

24 recreational facilities from the community per25 spective. 


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1 (2) FINAL REPORTS.—Not later than 90 days 

2 after the earlier of the date of expiration of a project 

3 period or the completion of a project, each State 

4 lead agency that receives a grant under this section 

5 shall submit to the Secretary a final report con6 taining such information as the Secretary may re7 quire. 

8 (g) REVENUE SHARING.—Section 105(a)(2) of the 

9 Gulf of Mexico Energy Security Act of 2006 (43 U.S.C. 

10 1331 note) is amended— 

11 (1) in subparagraph (A), by striking ‘‘and’’; 

12 (2) in subparagraph (B)— 

13 (A) by striking ‘‘25 percent’’ and inserting 

14 ‘‘20 percent’’; and 

15 (B) by striking the period at the end and 

16 inserting ‘‘; and’’; and 

17 (3) by adding at the end the following: 

18 ‘‘(C) 5 percent to provide grants under the 

19 Outdoor Recreation Legacy Partnership Grant 

20 Program established under section 11 of the 

21 Environmental Justice For All Act.’’. 

22 SEC. 12. TRANSIT TO TRAILS GRANT PROGRAM. 

23 (a) DEFINITIONS.—In this section: 


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1 (1) CRITICALLY UNDERSERVED COMMUNITY.— 

2 The term ‘‘critically underserved community’’ 

3 means— 

4 (A) a community that can demonstrate to 

5 the Secretary that the community has inad6 equate, insufficient, or no park space or recre7 ation facilities, including by demonstrating— 

8 (i) quality concerns relating to the 

9 available park space or recreation facilities; 

10 (ii) the presence of recreational facili11 ties that do not serve the needs of the com12 munity; or 

13 (iii) the inequitable distribution of 

14 park space for high-need populations, 

15 based on income, age, or other measures of 

16 vulnerability and need; 

17 (B) a community in which at least 50 percent of the population is not located within 1 18 ⁄2

19 mile of park space; 

20 (C) a community that is designated as a 

21 qualified opportunity zone under section 

22 1400Z–1 of the Internal Revenue Code of 1986; 

23 or 

24 (D) any other community that the Sec25 retary determines to be appropriate. 


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1 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti2 ty’’ means— 

3 (A) a State; 

4 (B) a political subdivision of a State (in5 cluding a city or a county) that represents or 

6 otherwise serves an urban area or a rural area; 

7 (C) a special purpose district (including a 

8 park district); 

9 (D) an Indian tribe (as defined in section 

10 4 of the Indian Self-Determination and Edu11 cation Assistance Act (25 U.S.C. 5304)) that 

12 represents or otherwise serves an urban area or 

13 a rural area; or 

14 (E) a metropolitan planning organization 

15 (as defined in section 134(b) of title 23, United 

16 States Code). 

17 (3) PROGRAM.—The term ‘‘program’’ means 

18 the Transit to Trails Grant Program established 

19 under subsection (b)(1). 

20 (4) RURAL AREA.—The term ‘‘rural area’’ 

21 means a community that is not an urban area. 

22 (5) SECRETARY.—The term ‘‘Secretary’’ means 

23 the Secretary of Transportation. 

24 (6) TRANSPORTATION CONNECTOR.— 


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1 (A) IN GENERAL.—The term ‘‘transpor2 tation connector’’ means a system that— 

3 (i) connects 2 zip codes or commu4 nities within a 175-mile radius of a des5 ignated service area; and 

6 (ii) offers rides available to the public. 

7 (B) INCLUSIONS.—The term ‘‘transpor8 tation connector’’ includes microtransits, bus 

9 lines, bus rails, light rail, rapid transits, or per10 sonal rapid transits. 

11 (7) URBAN AREA.—The term ‘‘urban area’’ 

12 means a community that— 

13 (A) is densely developed; 

14 (B) has residential, commercial, and other 

15 nonresidential areas; and 

16 (C)(i) is an urbanized area with a popu17 lation of 50,000 or more; or 

18 (ii) is an urban cluster with a population 

19 of— 

20 (I) not less than 2,500; and 

21 (II) not more than 50,000. 

22 (b) GRANT PROGRAM.— 

23 (1) ESTABLISHMENT.—The Secretary shall es24 tablish a grant program, to be known as the ‘‘TranVerDate Sep 11 2014 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401

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1 sit to Trails Grant Program’’, under which the Sec2 retary shall award grants to eligible entities for— 

3 (A) projects that develop transportation 

4 connectors or routes in or serving, and related 

5 education materials for, critically underserved 

6 communities to increase access and mobility to 

7 Federal or non-Federal public land, waters, 

8 parkland, or monuments; or 

9 (B) projects that facilitate transportation 

10 improvements to enhance access to Federal or 

11 non-Federal public land and recreational oppor12 tunities in critically underserved communities. 

13 (2) ADMINISTRATION.— 

14 (A) IN GENERAL.—The Secretary shall ad15 minister the program to assist eligible entities 

16 in the development of transportation connectors 

17 or routes in or serving, and related education 

18 materials for, critically underserved commu19 nities and Federal or non-Federal public land, 

20 waters, parkland, and monuments. 

21 (B) JOINT PARTNERSHIPS.—The Secretary 

22 shall encourage joint partnership projects under 

23 the program, if available, among multiple agen24 cies, including school districts, nonprofit organi25 zations, metropolitan planning organizations, 


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1 regional transportation authorities, transit 

2 agencies, and State and local governmental 

3 agencies (including park and recreation agen4 cies and authorities) to enhance investment of 

5 public sources. 

6 (C) ANNUAL GRANT PROJECT PROPOSAL

7 SOLICITATION, REVIEW, AND APPROVAL.— 

8 (i) IN GENERAL.—The Secretary 

9 shall— 

10 (I) annually solicit the submis11 sion of project proposals for grants 

12 from eligible entities under the pro13 gram; and 

14 (II) review each project proposal 

15 submitted under subclause (I) on a 

16 timeline established by the Secretary. 

17 (ii) REQUIRED ELEMENTS FOR

18 PROJECT PROPOSAL.—A project proposal 

19 submitted under clause (i)(I) shall in20 clude— 

21 (I) a statement of the purposes 

22 of the project; 

23 (II) the name of the entity or in24 dividual with overall responsibility for 

25 the project; 


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1 (III) a description of the quali2 fications of the entity or individuals 

3 identified under subclause (II); 

4 (IV) a description of— 

5 (aa) staffing and stake6 holder engagement for the 

7 project; 

8 (bb) the logistics of the 

9 project; and 

10 (cc) anticipated outcomes of 

11 the project; 

12 (V) a proposed budget for the 

13 funds and time required to complete 

14 the project; 

15 (VI) information regarding the 

16 source and amount of matching fund17 ing available for the project; 

18 (VII) information that dem19 onstrates the clear potential of the 

20 project to contribute to increased ac21 cess to parkland for critically under22 served communities; and 

23 (VIII) any other information that 

24 the Secretary considers to be nec25 essary for evaluating the eligibility of 


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1 the project for funding under the pro2 gram. 

3 (iii) CONSULTATION; APPROVAL OR

4 DISAPPROVAL.—The Secretary shall, with 

5 respect to each project proposal submitted 

6 under this subparagraph, as appropriate— 

7 (I) consult with the government 

8 of each State in which the proposed 

9 project is to be conducted; 

10 (II) after taking into consider11 ation any comments resulting from 

12 the consultation under subclause (I), 

13 approve or disapprove the proposal; 

14 and 

15 (III) provide written notification 

16 of the approval or disapproval to— 

17 (aa) the individual or entity 

18 that submitted the proposal; and 

19 (bb) each State consulted 

20 under subclause (I). 

21 (D) PRIORITY.—To the extent practicable, 

22 in determining whether to approve project pro23 posals under the program, the Secretary shall 

24 prioritize projects that are designed to increase 

25 access and mobility to local or neighborhood 


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1 Federal or non-Federal public land, waters, 

2 parkland, monuments, or recreational opportu3 nities. 

4 (3) TRANSPORTATION PLANNING PROCE5 DURES.— 

6 (A) PROCEDURES.—In consultation with 

7 the head of each appropriate Federal land man8 agement agency, the Secretary shall develop, by 

9 rule, transportation planning procedures for 

10 projects conducted under the program that are 

11 consistent with metropolitan and statewide 

12 planning processes. 

13 (B) REQUIREMENTS.—All projects carried 

14 out under the program shall be developed in co15 operation with States and metropolitan plan16 ning organizations. 

17 (4) NON-FEDERAL CONTRIBUTIONS.— 

18 (A) IN GENERAL.—As a condition of re19 ceiving a grant under the program, an eligible 

20 entity shall provide funds in the form of cash 

21 or an in-kind contribution in an amount equal 

22 to not less than 100 percent of the amount of 

23 the grant. 

24 (B) SOURCES.—The non-Federal contribu25 tion required under subparagraph (A) may inVerDate Sep 11 2014 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401

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1 clude amounts made available from State, local, 

2 nongovernmental, or private sources. 

3 (5) ELIGIBLE USES.—Grant funds provided 

4 under the program may be used— 

5 (A) to develop transportation connectors or 

6 routes in or serving, and related education ma7 terials for, critically underserved communities 

8 to increase access and mobility to Federal and 

9 non-Federal public land, waters, parkland, and 

10 monuments; and 

11 (B) to create or significantly enhance ac12 cess to Federal or non-Federal public land and 

13 recreational opportunities in an urban area or 

14 a rural area. 

15 (6) GRANT AMOUNT.—A grant provided under 

16 the program shall be— 

17 (A) not less than $25,000; and 

18 (B) not more than $500,000. 

19 (7) TECHNICAL ASSISTANCE.—It is the intent 

20 of Congress that grants provided under the program 

21 deliver project funds to areas of greatest need while 

22 offering technical assistance to all applicants and po23 tential applicants for grant preparation to encourage 

24 full participation in the program. 


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1 (8) PUBLIC INFORMATION.—The Secretary 

2 shall ensure that current schedules and routes for 

3 transportation systems developed after the receipt of 

4 a grant under the program are available to the pub5 lic, including on a website maintained by the recipi6 ent of a grant. 

7 (c) REPORTING REQUIREMENT.— 

8 (1) REPORTS BY GRANT RECIPIENTS.—The 

9 Secretary shall require a recipient of a grant under 

10 the program to submit to the Secretary at least 1 

11 performance and financial report that— 

12 (A) includes— 

13 (i) demographic data on communities 

14 served by the project; and 

15 (ii) a summary of project activities 

16 conducted after receiving the grant; and 

17 (B) describes the status of each project 

18 funded by the grant as of the date of the re19 port. 

20 (2) ADDITIONAL REPORTS.—In addition to the 

21 report required under paragraph (1), the Secretary 

22 may require additional reports from a recipient, as 

23 the Secretary determines to be appropriate, includ24 ing a final report. 


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1 (3) DEADLINES.—The Secretary shall establish 

2 deadlines for the submission of each report required 

3 under paragraph (1) or (2). 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

6 $10,000,000 for each fiscal year. 

7 SEC. 13. EVERY KID OUTDOORS. 

8 Section 9001(b)(5) of the John D. Dingell, Jr. Con9 servation, Management, and Recreation Act (Public Law 

10 116–9; 133 Stat. 830) is repealed. 

11 SEC. 14. PROTECTIONS FOR ENVIRONMENTAL JUSTICE 

12 COMMUNITIES AGAINST HARMFUL FEDERAL 

13 ACTIONS. 

14 (a) PURPOSE; DEFINITIONS.— 

15 (1) PURPOSE.—The purpose of this section is 

16 to establish additional protections relating to Fed17 eral actions affecting environmental justice commu18 nities in recognition of the disproportionate burden 

19 of adverse human health or environmental effects 

20 faced by such communities. 

21 (2) DEFINITIONS.—In this section: 

22 (A) FEDERAL ACTION.—The term ‘‘Fed23 eral action’’ means a proposed action that re24 quires the preparation of an environmental im25 pact statement, environmental assessment, catVerDate Sep 11 2014 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401

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1 egorical exclusion, or other document under the 

2 National Environmental Policy Act of 1969 (42 

3 U.S.C. 4321 et seq.). 

4 (B) ENVIRONMENTAL IMPACT STATE5 MENT.—The term ‘‘environmental impact state6 ment’’ means the detailed statement of environ7 mental impacts of a proposed action required to 

8 be prepared pursuant to the National Environ9 mental Policy Act of 1969 (42 U.S.C. 4321 et 

10 seq.). 

11 (b) PREPARATION OF A COMMUNITY IMPACT RE12 PORT.—A Federal agency proposing to take a Federal ac13 tion that has the potential to cause negative environmental 

14 or public health impacts on an environmental justice com15 munity shall prepare a community impact report assessing 

16 the potential impacts of the proposed action. 

17 (c) CONTENTS.—The community impact report de18 scribed in subsection (b) shall— 

19 (1) assess the degree to which a proposed Fed20 eral action affecting an environmental justice com21 munity will cause multiple or cumulative exposure to 

22 human health and environmental hazards that influ23 ence, exacerbate or contribute to adverse health out24 comes; 


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1 (2) assess relevant public health data and in2 dustry data concerning the potential for multiple or 

3 cumulative exposure to human health or environ4 mental hazards in the area of the environmental jus5 tice community and historical patterns of exposure 

6 to environmental hazards and agencies shall assess 

7 these multiple, or cumulative effects, even if certain 

8 effects are not within the control or subject to the 

9 discretion of the Federal agency proposing the Fed10 eral action; 

11 (3) assess the impact of such proposed Federal 

12 action on such environmental justice community’s 

13 ability to access public parks, outdoor spaces, and 

14 public recreation opportunities; 

15 (4) evaluate alternatives to or mitigation meas16 ures for the proposed Federal action that will— 

17 (A) eliminate or reduce any identified ex18 posure to human health and environmental haz19 ards described in paragraph (1) to a level that 

20 is reasonably expected to avoid human health 

21 impacts in environmental justice communities; 

22 and 

23 (B) not negatively impact an environ24 mental justice community’s ability to access 


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1 public parks, outdoor spaces, and public recre2 ation opportunities; and 

3 (5) analyze any alternative developed by mem4 bers of an affected environmental justice community 

5 that meets the purpose and need of the proposed ac6 tion. 

7 (d) DELEGATION.—Federal agencies shall not dele8 gate responsibility for the preparation of a community im9 pact report prepared under this section to any other enti10 ty. 

11 (e) NATIONAL ENVIRONMENTAL POLICY ACT RE12 QUIREMENTS FOR ENVIRONMENTAL JUSTICE COMMU13 NITIES.—When carrying out the requirements of the Na14 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

15 et seq.) for a proposed Federal action that may affect an 

16 environmental justice community, a Federal agency 

17 shall— 

18 (1) consider all potential direct, indirect, and 

19 cumulative impacts caused by the action, alter20 natives to such action, and mitigation measures on 

21 the environmental justice community required by the 

22 National Environmental Policy Act of 1969 (42 

23 U.S.C. 4321 et seq.); 


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1 (2) require any public comment period carried 

2 out during the scoping phase of the environmental 

3 review process to be no less than 90 days; 

4 (3) provide early and meaningful community in5 volvement opportunities by— 

6 (A) holding multiple hearings in such com7 munity regarding the proposed Federal action 

8 in each prominent language within the environ9 mental justice community; and 

10 (B) providing notice of any step or action 

11 in the National Environmental Policy Act proc12 ess that involves public participation to any rep13 resentative entities or organizations present in 

14 the environmental justice community includ15 ing— 

16 (i) local religious organizations; 

17 (ii) civic associations and organiza18 tions; 

19 (iii) business associations of people of 

20 color; 

21 (iv) environmental and environmental 

22 justice organizations, including community23 based grassroots organizations led by peo24 ple of color; 


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1 (v) homeowners’, tenants’, and neigh2 borhood watch groups; 

3 (vi) local and Tribal Governments; 

4 (vii) rural cooperatives; 

5 (viii) business and trade organiza6 tions; 

7 (ix) community and social service or8 ganizations; 

9 (x) universities, colleges, and voca10 tional schools; 

11 (xi) labor and other worker organiza12 tions; 

13 (xii) civil rights organizations; 

14 (xiii) senior citizens’ groups; and 

15 (xiv) public health agencies and clin16 ics; and 

17 (4) provide translations of publicly available 

18 documents made available pursuant to the National 

19 Environmental Policy Act in any language spoken by 

20 more than 5 percent of the population residing with21 in the environmental justice community. 

22 (f) COMMUNICATION METHODS AND REQUIRE23 MENTS.—Any notice provided under subsection (e)(3)(B) 

24 shall be provided— 


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1 (1) through communication methods that are 

2 accessible in the environmental justice community. 

3 Such methods may include electronic media, news4 papers, radio, direct mailings, canvassing, and other 

5 outreach methods particularly targeted at commu6 nities of color, low-income communities, and Tribal 

7 and indigenous communities; and 

8 (2) at least 30 days before any hearing in such 

9 community or the start of any public comment pe10 riod. 

11 (g) REQUIREMENTS FOR ACTIONS REQUIRING AN

12 ENVIRONMENTAL IMPACT STATEMENT.—For any pro13 posed Federal action affecting an environmental justice 

14 community requiring the preparation of an environmental 

15 impact statement, the Federal agency shall provide the fol16 lowing information when giving notice of the proposed ac17 tion: 

18 (1) A description of the proposed action. 

19 (2) An outline of the anticipated schedule for 

20 completing the process under the National Environ21 mental Policy Act, with a description of key mile22 stones. 

23 (3) An initial list of alternatives and potential 

24 impacts. 


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1 (4) An initial list of other existing or proposed 

2 sources of multiple or cumulative exposure to envi3 ronmental hazards that contribute to higher rates of 

4 serious illnesses within the environmental justice 

5 community. 

6 (5) An agency point of contact. 

7 (6) Timely notice of locations where comments 

8 will be received or public meetings held. 

9 (7) Any telephone number or locations where 

10 further information can be obtained. 

11 (h) NATIONAL ENVIRONMENTAL POLICY ACT RE12 QUIREMENTS FOR INDIAN TRIBES.—When carrying out 

13 the requirements of the National Environmental Policy 

14 Act for a proposed Federal action that may affect an In15 dian Tribe, a Federal agency shall— 

16 (1) seek Tribal representation in the process in 

17 a manner that is consistent with the government-to18 government relationship between the United States 

19 and Tribal Governments, the Federal Government’s 

20 trust responsibility to federally recognized Tribes, 

21 and any treaty rights; 

22 (2) ensure that an Indian Tribe is invited to 

23 hold the status of a cooperating agency throughout 

24 the National Environmental Policy Act process for 

25 any proposed action that could impact an Indian 


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1 Tribe including actions that could impact off res2 ervation lands and sacred sites; and 

3 (3) invite an Indian Tribe to hold the status of 

4 a cooperating agency in accordance with paragraph 

5 (2) no later than the commencement of the scoping 

6 process for a proposed action requiring the prepara7 tion of an environmental impact statement. 

8 (i) AGENCY DETERMINATIONS.—Federal agency de9 terminations about the analysis of a community impact 

10 report described in this section shall be subject to judicial 

11 review to the same extent as any other analysis performed 

12 under the National Environmental Policy Act. 

13 (j) EFFECTIVE DATE.—This section shall take effect 

14 one year after the date of enactment of this Act. 

15 (k) SAVINGS CLAUSE.—Nothing in this section di16 minishes— 

17 (1) any right granted through the National En18 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

19 seq.) to the public; or 

20 (2) the requirements under that Act to consider 

21 direct, indirect, and cumulative impacts. 

22 SEC. 15. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES. 

23 (a) INITIAL TRAINING.—Not later than 1 year after 

24 the date of enactment of this Act, each employee of the 

25 Environmental Protection Agency, the Department of the 


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1 Interior, and the National Oceanic and Atmospheric Ad2 ministration shall complete an environmental justice train3 ing program to ensure that each such employee— 

4 (1) has received training in environmental jus5 tice; and 

6 (2) is capable of— 

7 (A) appropriately incorporating environ8 mental justice concepts into the daily activities 

9 of the employee; and 

10 (B) increasing the meaningful participation 

11 of individuals from environmental justice com12 munities in the activities of the applicable agen13 cy. 

14 (b) MANDATORY PARTICIPATION.—Effective on the 

15 date that is 1 year after the date of enactment of this 

16 Act, each individual hired by the Environmental Protec17 tion Agency, the Department of the Interior, and the Na18 tional Oceanic and Atmospheric Administration after that 

19 date shall be required to participate in environmental jus20 tice training. 

21 (c) REQUIREMENT RELATING TO CERTAIN EMPLOY22 EES.— 

23 (1) IN GENERAL.—With respect to each Fed24 eral agency that participates in the Working Group, 

25 not later than 30 days after the date on which an 


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1 individual is appointed to the position of environ2 mental justice coordinator, environmental justice 

3 ombudsman, or any other position the responsibility 

4 of which involves the conduct of environmental jus5 tice activities, the individual shall be required to pos6 sess documentation of the completion by the indi7 vidual of environmental justice training. 

8 (2) EFFECT.—If an individual described in 

9 paragraph (1) fails to meet the requirement de10 scribed in that paragraph, the Federal agency at 

11 which the individual is employed shall transfer the 

12 individual to a different position until the date on 

13 which the individual completes environmental justice 

14 training. 

15 (3) EVALUATION.—Not later than 3 years after 

16 the date of enactment of this Act, the Inspector 

17 General of each Federal agency that participates in 

18 the Working Group shall evaluate the training pro19 grams of such Federal agency to determine if such 

20 Federal agency has improved the rate of training of 

21 the employees of such Federal agency to ensure that 

22 each employee has received environmental justice 

23 training. 


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1 SEC. 16. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 

2 (a) ENVIRONMENTAL JUSTICE COMMUNITY GRANT

3 PROGRAM.— 

4 (1) ESTABLISHMENT.—The Administrator shall 

5 establish a program under which the Administrator 

6 shall provide grants to eligible entities to assist the 

7 eligible entities in— 

8 (A) building capacity to address issues re9 lating to environmental justice; and 

10 (B) carrying out any activity described in 

11 paragraph (4). 

12 (2) ELIGIBILITY.—To be eligible to receive a 

13 grant under paragraph (1), an eligible entity shall be 

14 a nonprofit, community-based organization that con15 ducts activities, including providing medical and pre16 ventive health services, to reduce the dispropor17 tionate health impacts of environmental pollution in 

18 the environmental justice community at which the 

19 eligible entity proposes to conduct an activity that is 

20 the subject of the application described in paragraph 

21 (3). 

22 (3) APPLICATION.—To be eligible to receive a 

23 grant under paragraph (1), an eligible entity shall 

24 submit to the Administrator an application at such 

25 time, in such manner, and containing such informa26 tion as the Administrator may require, including— 


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1 (A) an outline describing the means by 

2 which the project proposed by the eligible entity 

3 will— 

4 (i) with respect to environmental and 

5 public health issues at the local level, in6 crease the understanding of the environ7 mental justice community at which the eli8 gible entity will conduct the project; 

9 (ii) improve the ability of the environ10 mental justice community to address each 

11 issue described in clause (i); 

12 (iii) facilitate collaboration and co13 operation among various stakeholders (in14 cluding members of the environmental jus15 tice community); and 

16 (iv) support the ability of the environ17 mental justice community to proactively 

18 plan and implement just sustainable com19 munity development and revitalization ini20 tiatives, including countering displacement 

21 and gentrification; 

22 (B) a proposed budget for each activity of 

23 the project that is the subject of the applica24 tion; 


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1 (C) a list of proposed outcomes with re2 spect to the proposed project; 

3 (D) a description of the ways by which the 

4 eligible entity may leverage the funds of the eli5 gible entity, or the funds made available 

6 through a grant under this subsection, to de7 velop a project that is capable of being sus8 tained beyond the period of the grant; and 

9 (E) a description of the ways by which the 

10 eligible entity is linked to, and representative 

11 of, the environmental justice community at 

12 which the eligible entity will conduct the 

13 project. 

14 (4) USE OF FUNDS.—An eligible entity may 

15 only use a grant under this subsection to carry out 

16 culturally and linguistically appropriate projects and 

17 activities that are driven by the needs, opportunities, 

18 and priorities of the environmental justice commu19 nity at which the eligible entity proposes to conduct 

20 the project or activity to address environmental jus21 tice concerns and improve the health or environment 

22 of the environmental justice community, including 

23 activities— 

24 (A) to create or develop collaborative part25 nerships; 


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1 (B) to educate and provide outreach serv2 ices to the environmental justice community; 

3 (C) to identify and implement projects to 

4 address environmental or public health con5 cerns; or 

6 (D) to develop a comprehensive under7 standing of environmental or public health 

8 issues. 

9 (5) REPORT.— 

10 (A) IN GENERAL.—Not later than 1 year 

11 after the date of enactment of this Act, and an12 nually thereafter, the Administrator shall sub13 mit to the Committees on Energy and Com14 merce and Natural Resources of the House of 

15 Representatives and the Committees on Envi16 ronment and Public Works and Energy and 

17 Natural Resources of the Senate a report de18 scribing the ways by which the grant program 

19 under this subsection has helped community20 based nonprofit organizations address issues re21 lating to environmental justice. 

22 (B) PUBLIC AVAILABILITY.—The Adminis23 trator shall make each report required under 

24 subparagraph (A) available to the public (in25 cluding by posting a copy of the report on the 


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1 website of the Environmental Protection Agen2 cy). 

3 (6) AUTHORIZATION OF APPROPRIATIONS.— 

4 There is authorized to be appropriated to carry out 

5 this subsection $25,000,000 for each of fiscal years 

6 2021 through 2025. 

7 (b) STATE GRANT PROGRAM.— 

8 (1) ESTABLISHMENT.—The Administrator shall 

9 establish a program under which the Administrator 

10 shall provide grants to States to enable the States— 

11 (A) to establish culturally and linguistically 

12 appropriate protocols, activities, and mecha13 nisms for addressing issues relating to environ14 mental justice; and 

15 (B) to carry out culturally and linguis16 tically appropriate activities to reduce or elimi17 nate disproportionately adverse human health 

18 or environmental effects on environmental jus19 tice communities in the State, including reduc20 ing economic vulnerabilities that result in the 

21 environmental justice communities being dis22 proportionately affected. 

23 (2) ELIGIBILITY.— 

24 (A) APPLICATION.—To be eligible to re25 ceive a grant under paragraph (1), a State shall 


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1 submit to the Administrator an application at 

2 such time, in such manner, and containing such 

3 information as the Administrator may require, 

4 including— 

5 (i) a plan that contains a description 

6 of the means by which the funds provided 

7 through a grant under paragraph (1) will 

8 be used to address issues relating to envi9 ronmental justice at the State level; and 

10 (ii) assurances that the funds pro11 vided through a grant under paragraph (1) 

12 will be used only to supplement the 

13 amount of funds that the State allocates 

14 for initiatives relating to environmental 

15 justice. 

16 (B) ABILITY TO CONTINUE PROGRAM.—To 

17 be eligible to receive a grant under paragraph 

18 (1), a State shall demonstrate to the Adminis19 trator that the State has the ability to continue 

20 each program that is the subject of funds pro21 vided through a grant under paragraph (1) 

22 after receipt of the funds. 

23 (3) REPORT.— 

24 (A) IN GENERAL.—Not later than 1 year 

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1 nually thereafter, the Administrator shall sub2 mit to the Committees on Energy and Com3 merce and Natural Resources of the House of 

4 Representatives and the Committees on Envi5 ronment and Public Works and Energy and 

6 Natural Resources of the Senate a report de7 scribing— 

8 (i) the implementation of the grant 

9 program established under paragraph (1); 

10 (ii) the impact of the grant program 

11 on improving the ability of each partici12 pating State to address environmental jus13 tice issues; and 

14 (iii) the activities carried out by each 

15 State to reduce or eliminate disproportion16 ately adverse human health or environ17 mental effects on environmental justice 

18 communities in the State. 

19 (B) PUBLIC AVAILABILITY.—The Adminis20 trator shall make each report required under 

21 subparagraph (A) available to the public (in22 cluding by posting a copy of the report on the 

23 website of the Environmental Protection Agen24 cy). 


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1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $15,000,000 for each of fiscal years 

4 2021 through 2025. 

5 (c) TRIBAL GRANT PROGRAM.— 

6 (1) ESTABLISHMENT.—The Administrator shall 

7 establish a program under which the Administrator 

8 shall provide grants to Tribal Governments to enable 

9 the Indian Tribes— 

10 (A) to establish culturally and linguistically 

11 appropriate protocols, activities, and mecha12 nisms for addressing issues relating to environ13 mental justice; and 

14 (B) to carry out culturally and linguis15 tically appropriate activities to reduce or elimi16 nate disproportionately adverse human health 

17 or environmental effects on environmental jus18 tice communities in Tribal and indigenous com19 munities, including reducing economic vulnera20 bilities that result in the Tribal and indigenous 

21 communities being disproportionately affected. 

22 (2) ELIGIBILITY.— 

23 (A) APPLICATION.—To be eligible to re24 ceive a grant under paragraph (1), a Tribal 

25 Government shall submit to the Administrator 


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1 an application at such time, in such manner, 

2 and containing such information as the Admin3 istrator may require, including— 

4 (i) a plan that contains a description 

5 of the means by which the funds provided 

6 through a grant under paragraph (1) will 

7 be used to address issues relating to envi8 ronmental justice in Tribal and indigenous 

9 communities; and 

10 (ii) assurances that the funds pro11 vided through a grant under paragraph (1) 

12 will be used only to supplement the 

13 amount of funds that the Tribal Govern14 ment allocates for initiatives relating to en15 vironmental justice. 

16 (B) ABILITY TO CONTINUE PROGRAM.—To 

17 be eligible to receive a grant under paragraph 

18 (1), a Tribal Government shall demonstrate to 

19 the Administrator that the Tribal Government 

20 has the ability to continue each program that is 

21 the subject of funds provided through a grant 

22 under paragraph (1) after receipt of the funds. 

23 (3) REPORT.— 

24 (A) IN GENERAL.—Not later than 1 year 

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1 nually thereafter, the Administrator shall sub2 mit to the Committees on Energy and Com3 merce and Natural Resources of the House of 

4 Representatives and the Committees on Envi5 ronment and Public Works and Energy and 

6 Natural Resources of the Senate a report de7 scribing— 

8 (i) the implementation of the grant 

9 program established under paragraph (1); 

10 (ii) the impact of the grant program 

11 on improving the ability of each partici12 pating Indian Tribe to address environ13 mental justice issues; and 

14 (iii) the activities carried out by each 

15 Tribal Government to reduce or eliminate 

16 disproportionately adverse human health or 

17 environmental effects on applicable envi18 ronmental justice communities in Tribal 

19 and indigenous communities. 

20 (B) PUBLIC AVAILABILITY.—The Adminis21 trator shall make each report required under 

22 subparagraph (A) available to the public (in23 cluding by posting a copy of the report on the 

24 website of the Environmental Protection Agen25 cy). 


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1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

3 this subsection $25,000,000 for each of fiscal years 

4 2021 through 2025. 

5 (d) COMMUNITY-BASED PARTICIPATORY RESEARCH

6 GRANT PROGRAM.— 

7 (1) ESTABLISHMENT.—The Administrator, in 

8 consultation with the Director, shall establish a pro9 gram under which the Administrator shall provide 

10 not more than 25 multiyear grants to eligible enti11 ties to carry out community-based participatory re12 search— 

13 (A) to address issues relating to environ14 mental justice; 

15 (B) to improve the environment of resi16 dents and workers in environmental justice 

17 communities; and 

18 (C) to improve the health outcomes of resi19 dents and workers in environmental justice 

20 communities. 

21 (2) ELIGIBILITY.—To be eligible to receive a 

22 multiyear grant under paragraph (1), an eligible en23 tity shall be a partnership comprised of— 

24 (A) an accredited institution of higher edu25 cation; and 


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1 (B) a community-based organization. 

2 (3) APPLICATION.—To be eligible to receive a 

3 multiyear grant under paragraph (1), an eligible en4 tity shall submit to the Administrator an application 

5 at such time, in such manner, and containing such 

6 information as the Administrator may require, in7 cluding— 

8 (A) a detailed description of the partner9 ship of the eligible entity that, as determined by 

10 the Administrator, demonstrates the participa11 tion of members of the community at which the 

12 eligible entity proposes to conduct the research; 

13 and 

14 (B) a description of— 

15 (i) the project proposed by the eligible 

16 entity; and 

17 (ii) the ways by which the project 

18 will— 

19 (I) address issues relating to en20 vironmental justice; 

21 (II) assist in the improvement of 

22 health outcomes of residents and 

23 workers in environmental justice com24 munities; and 


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1 (III) assist in the improvement of 

2 the environment of residents and 

3 workers in environmental justice com4 munities. 

5 (4) PUBLIC AVAILABILITY.—The Administrator 

6 shall make the results of the grants available pro7 vided under this subsection to the public, including 

8 by posting on the website of the Environmental Pro9 tection Agency a copy of the grant awards and an 

10 annual report at the beginning of each fiscal year 

11 describing the research findings associated with each 

12 grant provided under this subsection. 

13 (5) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to carry out 

15 this subsection $10,000,000 for each of fiscal years 

16 2021 through 2025. 

17 SEC. 17. ENVIRONMENTAL JUSTICE BASIC TRAINING PRO18 GRAM. 

19 (a) ESTABLISHMENT.—The Administrator shall es20 tablish a basic training program, in coordination and con21 sultation with nongovernmental environmental justice or22 ganizations, to increase the capacity of residents of envi23 ronmental justice communities to identify and address dis24 proportionately adverse human health or environmental efVerDate Sep 11 2014 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401

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1 fects by providing culturally and linguistically appro2 priate— 

3 (1) training and education relating to— 

4 (A) basic and advanced techniques for the 

5 detection, assessment, and evaluation of the ef6 fects of hazardous substances on human health; 

7 (B) methods to assess the risks to human 

8 health presented by hazardous substances; 

9 (C) methods and technologies to detect 

10 hazardous substances in the environment; 

11 (D) basic biological, chemical, and physical 

12 methods to reduce the quantity and toxicity of 

13 hazardous substances; 

14 (E) the rights and safeguards currently af15 forded to individuals through policies and laws 

16 intended to help environmental justice commu17 nities address disparate impacts and discrimi18 nation, including— 

19 (i) environmental laws; and 

20 (ii) section 602 of the Civil Rights Act 

21 of 1964 (42 U.S.C. 2000d–1); 

22 (F) public engagement opportunities 

23 through the policies and laws described in sub24 paragraph (E); 


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1 (G) materials available on the Clearing2 house; 

3 (H) methods related to expanding access 

4 to parks and other natural and recreational 

5 amenities; and 

6 (I) finding and applying for Federal grants 

7 related to environmental justice; and 

8 (2) short courses and continuation education 

9 programs for residents of communities who are lo10 cated in close proximity to hazardous substances to 

11 provide— 

12 (A) education relating to— 

13 (i) the proper manner to handle haz14 ardous substances; 

15 (ii) the management of facilities at 

16 which hazardous substances are located 

17 (including facility compliance protocols); 

18 and 

19 (iii) the evaluation of the hazards that 

20 facilities described in clause (ii) pose to 

21 human health; and 

22 (B) training on environmental and occupa23 tional health and safety with respect to the pub24 lic health and engineering aspects of hazardous 

25 waste control. 


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1 (b) GRANT PROGRAM.— 

2 (1) ESTABLISHMENT.—In carrying out the 

3 basic training program established under subsection 

4 (a), the Administrator may provide grants to, or 

5 enter into any contract or cooperative agreement 

6 with, an eligible entity to carry out any training or 

7 educational activity described in subsection (a). 

8 (2) ELIGIBLE ENTITY.—To be eligible to receive 

9 assistance under paragraph (1), an eligible entity 

10 shall be an accredited institution of education in 

11 partnership with— 

12 (A) a community-based organization that 

13 carries out activities relating to environmental 

14 justice; 

15 (B) a generator of hazardous waste; 

16 (C) any individual who is involved in the 

17 detection, assessment, evaluation, or treatment 

18 of hazardous waste; 

19 (D) any owner or operator of a facility at 

20 which hazardous substances are located; or 

21 (E) any State government, Tribal Govern22 ment, or local government. 

23 (c) PLAN.— 

24 (1) IN GENERAL.—Not later than 2 years after 

25 the date of enactment of this Act, the Administrator, 


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1 in consultation with the Director, shall develop and 

2 publish in the Federal Register a plan to carry out 

3 the basic training program established under sub4 section (a). 

5 (2) CONTENTS.—The plan described in para6 graph (1) shall contain— 

7 (A) a list that describes the relative pri8 ority of each activity described in subsection 

9 (a); and 

10 (B) a description of research and training 

11 relevant to environmental justice issues of com12 munities adversely affected by pollution. 

13 (3) COORDINATION WITH FEDERAL AGEN14 CIES.—The Administrator shall, to the maximum ex15 tent practicable, take appropriate steps to coordinate 

16 the activities of the basic training program described 

17 in the plan with the activities of other Federal agen18 cies to avoid any duplication of effort. 

19 (d) REPORT.— 

20 (1) IN GENERAL.—Not later than 2 years after 

21 the date of enactment of this Act, and every 2 years 

22 thereafter, the Administrator shall submit to the 

23 Committees on Energy and Commerce and Natural 

24 Resources of the House of Representatives and the 

25 Committees on Environment and Public Works and 


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1 Energy and Natural Resources of the Senate a re2 port describing— 

3 (A) the implementation of the basic train4 ing program established under subsection (a); 

5 and 

6 (B) the impact of the basic training pro7 gram on improving training opportunities for 

8 residents of environmental justice communities. 

9 (2) PUBLIC AVAILABILITY.—The Administrator 

10 shall make the report required under paragraph (1) 

11 available to the public (including by posting a copy 

12 of the report on the website of the Environmental 

13 Protection Agency). 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $10,000,000 for each of fiscal years 2021 through 2025. 

17 SEC. 18. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY 

18 COUNCIL. 

19 (a) ESTABLISHMENT.—The President shall establish 

20 an advisory council, to be known as the National Environ21 mental Justice Advisory Council. 

22 (b) MEMBERSHIP.—The Advisory Council shall be 

23 comprised of 26 members who have knowledge of, or expe24 rience relating to, the effect of environmental conditions 


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1 on communities of color, low-income communities, and 

2 Tribal and indigenous communities, including— 

3 (1) representatives of— 

4 (A) community-based organizations that 

5 carry out initiatives relating to environmental 

6 justice, including grassroots organizations led 

7 by people of color; 

8 (B) State governments, Tribal Govern9 ments, and local governments; 

10 (C) Indian Tribes and other indigenous 

11 groups; 

12 (D) nongovernmental and environmental 

13 organizations; and 

14 (E) private sector organizations (including 

15 representatives of industries and businesses); 

16 and 

17 (2) experts in the fields of— 

18 (A) socioeconomic analysis; 

19 (B) health and environmental effects; 

20 (C) exposure evaluation; 

21 (D) environmental law and civil rights law; 

22 and 

23 (E) environmental health science research. 

24 (c) SUBCOMMITTEES; WORKGROUPS.— 


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1 (1) ESTABLISHMENT.—The Advisory Council 

2 may establish any subcommittee or workgroup to as3 sist the Advisory Council in carrying out any duty 

4 of the Advisory Council described in subsection (d). 

5 (2) REPORT.—Upon the request of the Advisory 

6 Council, each subcommittee or workgroup estab7 lished by the Advisory Council under paragraph (1) 

8 shall submit to the Advisory Council a report that 

9 contains— 

10 (A) a description of each recommendation 

11 of the subcommittee or workgroup; and 

12 (B) any advice requested by the Advisory 

13 Council with respect to any duty of the Advi14 sory Council. 

15 (d) DUTIES.—The Advisory Council shall provide 

16 independent advice and recommendations to the Environ17 mental Protection Agency with respect to issues relating 

18 to environmental justice, including advice— 

19 (1) to help develop, facilitate, and conduct re20 views of the direction, criteria, scope, and adequacy 

21 of the scientific research and demonstration projects 

22 of the Environmental Protection Agency relating to 

23 environmental justice; 

24 (2) to improve participation, cooperation, and 

25 communication with respect to such issues— 


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1 (A) within the Environmental Protection 

2 Agency; 

3 (B) between the Environmental Protection 

4 Agency and other entities; and 

5 (C) between, and among, the Environ6 mental Protection Agency and Federal agencies, 

7 State and local governments, Indian Tribes, en8 vironmental justice leaders, interest groups, and 

9 the public; 

10 (3) requested by the Administrator to help im11 prove the response of the Environmental Protection 

12 Agency in securing environmental justice for com13 munities of color, low-income communities, and 

14 Tribal and indigenous communities; and 

15 (4) on issues relating to— 

16 (A) the developmental framework of the 

17 Environmental Protection Agency with respect 

18 to the integration by the Environmental Protec19 tion Agency of socioeconomic programs into the 

20 strategic planning, annual planning, and man21 agement accountability of the Environmental 

22 Protection Agency to achieve environmental jus23 tice results throughout the Environmental Pro24 tection Agency; 


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1 (B) the measurement and evaluation of the 

2 progress, quality, and adequacy of the Environ3 mental Protection Agency in planning, devel4 oping, and implementing environmental justice 

5 strategies, projects, and programs; 

6 (C) any existing and future information 

7 management systems, technologies, and data 

8 collection activities of the Environmental Pro9 tection Agency (including recommendations to 

10 conduct analyses that support and strengthen 

11 environmental justice programs in administra12 tive and scientific areas); 

13 (D) the administration of grant programs 

14 relating to environmental justice assistance; and 

15 (E) education, training, and other outreach 

16 activities conducted by the Environmental Pro17 tection Agency relating to environmental jus18 tice. 

19 (e) MEETINGS.— 

20 (1) FREQUENCY.— 

21 (A) IN GENERAL.—Subject to subpara22 graph (B), the Advisory Council shall meet bi23 annually. 

24 (B) AUTHORITY OF ADMINISTRATOR.—The 

25 Administrator may require the Advisory Council 


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1 to conduct additional meetings if the Adminis2 trator determines that the conduct of any addi3 tional meetings are necessary. 

4 (2) PUBLIC PARTICIPATION.— 

5 (A) IN GENERAL.—Subject to subpara6 graph (B), each meeting of the Advisory Coun7 cil shall be open to the public to provide the 

8 public an opportunity— 

9 (i) to submit comments to the Advi10 sory Council; and 

11 (ii) to appear before the Advisory 

12 Council. 

13 (B) AUTHORITY OF ADMINISTRATOR.—The 

14 Administrator may close any meeting, or por15 tion of any meeting, to the public. 

16 (f) FACA.—The Federal Advisory Committee Act (5 

17 U.S.C. App.) shall apply to the Advisory Council. 

18 (g) TRAVEL EXPENSES.—The Administrator may 

19 provide to any member of the Advisory Council travel ex20 penses, including per diem in lieu of subsistence, at rates 

21 authorized for an employee of an agency under subchapter 

22 I of chapter 57 of title 5, United States Code, while away 

23 from the home or regular place of business of the member 

24 in the performance of the duties of the Advisory Council. 


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1 SEC. 19. ENVIRONMENTAL JUSTICE CLEARINGHOUSE. 

2 (a) ESTABLISHMENT.—Not later than 1 year after 

3 the date of enactment of this Act, the Administrator shall 

4 establish a public internet-based clearinghouse, to be 

5 known as the Environmental Justice Clearinghouse. 

6 (b) CONTENTS.—The Clearinghouse shall be com7 prised of culturally and linguistically appropriate mate8 rials related to environmental justice, including— 

9 (1) information describing the activities con10 ducted by the Environmental Protection Agency to 

11 address issues relating to environmental justice; 

12 (2) copies of training materials provided by the 

13 Administrator to help individuals and employees un14 derstand and carry out environmental justice activi15 ties; 

16 (3) links to web pages that describe environ17 mental justice activities of other Federal agencies; 

18 (4) a directory of individuals who possess tech19 nical expertise in issues relating to environmental 

20 justice; 

21 (5) a directory of nonprofit and community22 based organizations, including grassroots organiza23 tions led by people of color, that address issues re24 lating to environmental justice at the local, State, 

25 and Federal levels (with particular emphasis given to 

26 nonprofit and community-based organizations that 


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1 possess the capability to provide advice or technical 

2 assistance to environmental justice communities); 

3 and 

4 (6) any other appropriate information as deter5 mined by the Administrator, including information 

6 on any resources available to help address the dis7 proportionate burden of adverse human health or en8 vironmental effects on environmental justice commu9 nities. 

10 (c) CONSULTATION.—In developing the Clearing11 house, the Administrator shall consult with individuals 

12 representing academic and community-based organiza13 tions who have expertise in issues relating to environ14 mental justice. 

15 (d) ANNUAL REVIEW.—The Advisory Council shall— 

16 (1) conduct a review of the Clearinghouse on an 

17 annual basis; and 

18 (2) recommend to the Administrator any up19 dates for the Clearinghouse that the Advisory Coun20 cil determines to be necessary for the effective oper21 ation of the Clearinghouse. 

22 SEC. 20. PUBLIC MEETINGS. 

23 (a) IN GENERAL.—Not later than 2 years after the 

24 date of enactment of this Act, and biennially thereafter, 

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1 mental justice issues in each region of the Environmental 

2 Protection Agency to gather public input with respect to 

3 the implementation and updating of environmental justice 

4 strategies and efforts of the Environmental Protection 

5 Agency. 

6 (b) OUTREACH TO ENVIRONMENTAL JUSTICE COM7 MUNITIES.—The Administrator, in advance of the meet8 ings described in subsection (a), shall to the extent prac9 ticable hold multiple meetings in environmental justice 

10 communities in each region to provide meaningful commu11 nity involvement opportunities. 

12 (c) NOTICE.—Notice for the meetings described in 

13 subsections (a) and (b) shall be provided— 

14 (1) to applicable representative entities or orga15 nizations present in the environmental justice com16 munity including— 

17 (A) local religious organizations; 

18 (B) civic associations and organizations; 

19 (C) business associations of people of color; 

20 (D) environmental and environmental jus21 tice organizations; 

22 (E) homeowners’, tenants’, and neighbor23 hood watch groups; 

24 (F) local and Tribal Governments; 

25 (G) rural cooperatives; 


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1 (H) business and trade organizations; 

2 (I) community and social service organiza3 tions; 

4 (J) universities, colleges, and vocational 

5 schools; 

6 (K) labor organizations; 

7 (L) civil rights organizations; 

8 (M) senior citizens’ groups; and 

9 (N) public health agencies and clinics; 

10 (2) through communication methods that are 

11 accessible in the applicable environmental justice 

12 community, which may include electronic media, 

13 newspapers, radio, and other media particularly tar14 geted at communities of color, low-income commu15 nities, and Tribal and indigenous communities; and 

16 (3) at least 30 days before any such meeting. 

17 (d) COMMUNICATION METHODS AND REQUIRE18 MENTS.—The Administrator shall— 

19 (1) provide translations of any documents made 

20 available to the public pursuant to this section in 

21 any language spoken by more than 5 percent of the 

22 population residing within the applicable environ23 mental justice community, and make available trans24 lation services for meetings upon request; and 


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1 (2) not require members of the public to 

2 produce a form of identification or register their 

3 names, provide other information, complete a ques4 tionnaire, or otherwise fulfill any condition precedent 

5 to attending a meeting, but if an attendance list, 

6 register, questionnaire, or other similar document is 

7 utilized during meetings, it shall state clearly that 

8 the signing, registering, or completion of the docu9 ment is voluntary. 

10 (e) REQUIRED ATTENDANCE OF CERTAIN EMPLOY11 EES.—In holding a public meeting under subsection (a), 

12 the Administrator shall ensure that at least 1 employee 

13 of the Environmental Protection Agency at the level of As14 sistant Administrator is present at the meeting to serve 

15 as a representative of the Environmental Protection Agen16 cy. 

17 SEC. 21. ENVIRONMENTAL PROJECTS FOR ENVIRON18 MENTAL JUSTICE COMMUNITIES. 

19 The Administrator shall ensure that all environ20 mental projects developed as part of a settlement relating 

21 to violations in an environmental justice community— 

22 (1) are developed through consultation with, 

23 and with the meaningful participation of, individuals 

24 in the affected environmental justice community; 

25 and 


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1 (2) result in a quantifiable improvement to the 

2 health and well-being of individuals in the affected 

3 environmental justice community. 

4 SEC. 22. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL 

5 COASTAL ZONE OBJECTIVES. 

6 (a) GRANTS AUTHORIZED.—The Coastal Zone Man7 agement Act of 1972 (16 U.S.C. 1451 et seq.) is amended 

8 by adding at the end the following: 

9 ‘‘SEC. 320. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL 

10 COASTAL ZONE OBJECTIVES. 

11 ‘‘(a) GRANTS AUTHORIZED.—The Secretary may 

12 award competitive grants to Indian Tribes to further 

13 achievement of the objectives of such a Tribe for its Tribal 

14 coastal zone. 

15 ‘‘(b) COST SHARE.— 

16 ‘‘(1) IN GENERAL.—The Federal share of the 

17 cost of any activity carried out with a grant under 

18 this section shall be— 

19 ‘‘(A) in the case of a grant of less than 

20 $200,000, 100 percent of such cost; and 

21 ‘‘(B) in the case of a grant of $200,000 or 

22 more, 95 percent of such cost, except as pro23 vided in paragraph (2). 

24 ‘‘(2) WAIVER.—The Secretary may waive the 

25 application of paragraph (1)(B) with respect to a 


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1 grant to an Indian Tribe, or otherwise reduce the 

2 portion of the share of the cost of an activity re3 quired to be paid by an Indian Tribe under such 

4 paragraph, if the Secretary determines that the 

5 Tribe does not have sufficient funds to pay such por6 tion. 

7 ‘‘(c) COMPATIBILITY.—The Secretary may not award 

8 a grant under this section unless the Secretary determines 

9 that the activities to be carried out with the grant are 

10 compatible with this title and that the grantee has con11 sulted with the affected coastal state regarding the grant 

12 objectives and purposes. 

13 ‘‘(d) AUTHORIZED OBJECTIVES AND PURPOSES.— 

14 Amounts awarded as a grant under this section shall be 

15 used for one or more of the objectives and purposes au16 thorized under subsections (b) and (c), respectively, of sec17 tion 306A. 

18 ‘‘(e) FUNDING.—Of amounts appropriated to carry 

19 out this Act, $5,000,000 is authorized to carry out this 

20 section for each fiscal year. 

21 ‘‘(f) DEFINITIONS.—In this section: 

22 ‘‘(1) INDIAN LAND.—The term ‘Indian land’ 

23 has the meaning that term has under section 2601 

24 of the Energy Policy Act of 1992 (25 U.S.C. 3501). 


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1 ‘‘(2) TRIBAL COASTAL ZONE.—The term ‘Tribal 

2 coastal zone’ means any Indian land of an Indian 

3 Tribe that is within the coastal zone. 

4 ‘‘(3) TRIBAL COASTAL ZONE OBJECTIVE.—The 

5 term ‘Tribal coastal zone objective’ means, with re6 spect to an Indian Tribe, any of the following objec7 tives: 

8 ‘‘(A) Protection, restoration, or preserva9 tion of areas in the Tribal coastal zone of such 

10 Tribe that hold— 

11 ‘‘(i) important ecological, cultural, or 

12 sacred significance for such Tribe; or 

13 ‘‘(ii) traditional, historic, and esthetic 

14 values essential to such Tribe. 

15 ‘‘(B) Preparing and implementing a special 

16 area management plan and technical planning 

17 for important coastal areas. 

18 ‘‘(C) Any coastal or shoreline stabilization 

19 measure, including any mitigation measure, for 

20 the purpose of public safety, public access, or 

21 cultural or historical preservation.’’. 

22 (b) GUIDANCE.—Not later than 180 days after the 

23 date of the enactment of this Act, the Secretary of Com24 merce shall issue guidance for the program established 

25 under the amendment made by subsection (a), including 


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1 the criteria for awarding grants under such program based 

2 on consultation with Indian Tribes (as that term is defined 

3 in that amendment). 

4 (c) USE OF STATE GRANTS TO FULFILL TRIBAL OB5 JECTIVES.—Section 306A(c)(2) of the Coastal Zone Man6 agement Act of 1972 (16 U.S.C. 1455a(c)(2)) is amended 

7 by striking ‘‘and’’ after the semicolon at the end of sub8 paragraph (D), by striking the period at the end of sub9 paragraph (E) and inserting ‘‘; and’’, and by adding at 

10 the end the following: 

11 ‘‘(F) fulfilling any Tribal coastal zone objective 

12 (as that term is defined in section 320).’’. 

13 (d) OTHER PROGRAMS NOT AFFECTED.—Nothing in 

14 this section shall be construed to affect the ability of an 

15 Indian Tribe to apply for, receive assistance under, or par16 ticipate in any program authorized by the Coastal Zone 

17 Management Act of 1972 (16 U.S.C. 1451 et seq.) or 

18 other related Federal laws. 

19 SEC. 23. COSMETIC LABELING. 

20 (a) IN GENERAL.—Chapter VI of the Federal Food, 

21 Drug, and Cosmetic Act (21 U.S.C. 361 et seq.) is amend22 ed by adding at the end the following: 

23 ‘‘SEC. 604. LABELING. 

24 ‘‘(a) COSMETIC PRODUCTS FOR PROFESSIONAL

25 USE.— 


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1 ‘‘(1) DEFINITION OF PROFESSIONAL.—With re2 spect to cosmetics, the term ‘professional’ means an 

3 individual who— 

4 ‘‘(A) is licensed by an official State author5 ity to practice in the field of cosmetology, nail 

6 care, barbering, or esthetics; 

7 ‘‘(B) has complied with all requirements 

8 set forth by the State for such licensing; and 

9 ‘‘(C) has been granted a license by a State 

10 board or legal agency or legal authority. 

11 ‘‘(2) LISTING OF INGREDIENTS.—Cosmetic 

12 products used and sold by professionals shall list all 

13 ingredients and warnings, as required for other cos14 metic products under this chapter. 

15 ‘‘(3) PROFESSIONAL USE LABELING.—In the 

16 case of a cosmetic product intended to be used only 

17 by a professional on account of a specific ingredient 

18 or increased concentration of an ingredient that re19 quires safe handling by trained professionals, the 

20 product shall bear a statement as follows: ‘To be Ad21 ministered Only by Licensed Professionals’. 

22 ‘‘(b) DISPLAY REQUIREMENTS.—A listing required 

23 under subsection (a)(2) and a statement required under 

24 subsection (a)(3) shall be prominently displayed— 


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1 ‘‘(1) in the primary language used on the label; 

2 and 

3 ‘‘(2) in conspicuous and legible type in contrast 

4 by typography, layout, or color with other material 

5 printed or displayed on the label. 

6 ‘‘(c) INTERNET SALES.—In the case of internet sales 

7 of cosmetics, each internet website offering a cosmetic 

8 product for sale to consumers shall provide the same infor9 mation that is included on the packaging of the cosmetic 

10 product as regularly available through in-person sales, ex11 cept information that is unique to a single cosmetic prod12 uct sold in a retail facility, such as a lot number or expira13 tion date, and the warnings and statements described in 

14 subsection (b) shall be prominently and conspicuously dis15 played on the website. 

16 ‘‘(d) CONTACT INFORMATION.—The label on each 

17 cosmetic shall bear the domestic telephone number or elec18 tronic contact information, and it is encouraged that the 

19 label include both the telephone number and electronic 

20 contact information, that consumers may use to contact 

21 the responsible person with respect to adverse events. The 

22 contact number shall provide a means for consumers to 

23 obtain additional information about ingredients in a cos24 metic, including the ability to ask if a specific ingredient 

25 may be present that is not listed on the label, including 


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1 whether a specific ingredient may be contained in the fra2 grance or flavor used in the cosmetic. The manufacturer 

3 of the cosmetic is responsible for providing such informa4 tion, including obtaining the information from suppliers 

5 if it is not readily available. Suppliers are required to re6 lease such information upon request of the cosmetic manu7 facturer.’’. 

8 (b) MISBRANDING.—Section 602 of the Federal 

9 Food, Drug, and Cosmetic Act (21 U.S.C. 362) is amend10 ed by adding at the end the following: 

11 ‘‘(g) If its labeling does not conform with a require12 ment under section 604.’’. 

13 (c) EFFECTIVE DATE.—Section 604 of the Federal 

14 Food, Drug, and Cosmetic Act, as added by subsection 

15 (a), shall take effect on the date that is 1 year after the 

16 date of enactment of this Act. 

17 SEC. 24. SAFER COSMETIC ALTERNATIVES FOR DIS18 PROPORTIONATELY IMPACTED COMMU19 NITIES. 

20 (a) IN GENERAL.—The Secretary of Health and 

21 Human Services (in this section referred to as the ‘‘Sec22 retary’’), acting through the Commissioner of Food and 

23 Drugs, shall award grants to eligible entities— 

24 (1) to support research focused on the design of 

25 safer alternatives to chemicals in cosmetics with inVerDate Sep 11 2014 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00112 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401

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1 herent toxicity or associated with chronic adverse 

2 health effects; or 

3 (2) to provide educational awareness and com4 munity outreach efforts to educate the promote the 

5 use of safer alternatives in cosmetics. 

6 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 

7 grant under subsection (a), an entity shall— 

8 (1) be a public institution such as a university, 

9 a not-for-profit research institution, or a not-for10 profit grassroots organization; and 

11 (2) not benefit from a financial relationship 

12 with a chemical or cosmetics manufacturer, supplier, 

13 or trade association. 

14 (c) PRIORITY.—In awarding grants under subsection 

15 (a), the Secretary shall give priority to applicants pro16 posing to focus on— 

17 (1) replacing chemicals in professional cosmetic 

18 products used by nail and hair and beauty salon 

19 workers with safer alternatives; or 

20 (2) replacing chemicals in cosmetic products 

21 marketed to women and girls of color, including any 

22 such beauty, personal hygiene, and intimate care 

23 products, with safer alternatives. 

24 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

25 out this section, there are authorized to be appropriated 


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1 such sums as may be necessary for fiscal years 2020 

2 through 2025. 

3 SEC. 25. SAFER CHILD CARE CENTERS, SCHOOLS, AND 

4 HOMES FOR DISPROPORTIONATELY IM5 PACTED COMMUNITIES. 

6 (a) IN GENERAL.—The Secretary of Health and 

7 Human Services (in this section referred to as the ‘‘Sec8 retary’’), acting through the Commissioner of Food and 

9 Drugs, in consultation with the Administrator of the Envi10 ronmental Protection Agency, shall award grants to eligi11 ble entities to support research focused on the design of 

12 safer alternatives to chemicals in consumer, cleaning, toy, 

13 and baby products with inherent toxicity or that are asso14 ciated with chronic adverse health effects. 

15 (b) ELIGIBLE ENTITIES.—To be eligible to receive a 

16 grant under subsection (a), an entity shall— 

17 (1) be a public institution such as a university 

18 or a not-for-profit research institution; and 

19 (2) not benefit from a financial relationship 

20 with— 

21 (A) a chemical manufacturer, supplier, or 

22 trade association; or 

23 (B) a cleaning, toy, or baby product manu24 facturer, supplier, or trade association. 


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1 (c) PRIORITY.—In awarding grants under subsection 

2 (a), the Secretary shall give priority to applicants pro3 posing to focus on replacing chemicals in cleaning, toy, 

4 or baby products used by childcare providers with safer 

5 alternatives. 

6 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

7 out this section, there are authorized to be appropriated 

8 such sums as may be necessary for fiscal years 2020 

9 through 2025. 

10 SEC. 26. CERTAIN MENSTRUAL PRODUCTS MISBRANDED IF 

11 LABELING DOES NOT INCLUDE INGREDI12 ENTS. 

13 (a) IN GENERAL.—Section 502 of the Federal Food, 

14 Drug, and Cosmetic Act (21 U.S.C. 352) is amended by 

15 adding at the end the following: 

16 ‘‘(ee) If it is a menstrual product, such as a men17 strual cup, a scented, scented deodorized, or unscented 

18 menstrual pad or tampon, a therapeutic vaginal douche 

19 apparatus, or an obstetrical and gynecological device de20 scribed in section 884.5400, 884.5425, 884.5435, 

21 884.5460, 884.5470, or 884.5900 of title 21, Code of Fed22 eral Regulations (or any successor regulation), unless its 

23 label or labeling lists the name of each ingredient or com24 ponent of the product in order of the most predominant 


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1 ingredient or component to the least predominant ingre2 dient or component.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 subsection (a) applies with respect to products introduced 

5 or delivered for introduction into interstate commerce on 

6 or after the date that is one year after the date of the 

7 enactment of this Act. 

8 SEC. 27. SUPPORT BY NATIONAL INSTITUTE OF ENVIRON9 MENTAL HEALTH SCIENCES FOR RESEARCH 

10 ON HEALTH DISPARITIES IMPACTING COM11 MUNITIES OF COLOR. 

12 Subpart 12 of part C of title IV of the Public Health 

13 Service Act (42 U.S.C. 285l et seq.) is amended by adding 

14 at the end the following new section: 

15 ‘‘SEC. 463C. RESEARCH ON HEALTH DISPARITIES RELATED 

16 TO COSMETICS IMPACTING COMMUNITIES OF 

17 COLOR. 

18 ‘‘(a) IN GENERAL.—The Director of the Institute 

19 shall award grants to eligible entities— 

20 ‘‘(1) to expand support for basic, epidemiolog21 ical, and social scientific investigations into— 

22 ‘‘(A) the chemicals linked (or with possible 

23 links) to adverse health effects most commonly 

24 found in cosmetics marketed to women and 


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1 girls of color, including beauty, personal hy2 giene, and intimate care products; 

3 ‘‘(B) the marketing and sale of such cos4 metics containing chemicals linked to adverse 

5 health effects to women and girls of color across 

6 their lifespans; 

7 ‘‘(C) the use of such cosmetics by women 

8 and girls of color across their lifespans; or 

9 ‘‘(D) the chemicals linked to the adverse 

10 health effects most commonly found in products 

11 used by nail, hair, and beauty salon workers; 

12 ‘‘(2) to provide educational awareness and com13 munity outreach efforts to educate the promote the 

14 use of safer alternatives in cosmetics; and 

15 ‘‘(3) to disseminate the results of any such re16 search described in subparagraph (A) or (B) of 

17 paragraph (1) (conducted by the grantee pursuant 

18 to this section or otherwise) to help communities 

19 identify and address potentially unsafe chemical ex20 posures in the use of cosmetics. 

21 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 

22 a grant under subsection (a), an entity shall— 

23 ‘‘(1) be a public institution such as a university, 

24 a not-for-profit research institution, or a not-for25 profit grassroots organization; and 


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1 ‘‘(2) not benefit from a financial relationship 

2 with a chemical or cosmetics manufacturer, supplier, 

3 or trade association. 

4 ‘‘(c) REPORT.—Not later than the end 1 year after 

5 awarding grants under this section, and each year there6 after, the Director of the Institute shall issue for the pub7 lic and submit to the Committee on Energy and Commerce 

8 of the House of Representatives and the Committee on 

9 Health, Education, Labor, and Pensions of the Senate a 

10 report on the results of the investigations funded under 

11 subsection (a), including— 

12 ‘‘(1) summary findings on— 

13 ‘‘(A) marketing strategies, product cat14 egories, and specific cosmetics containing ingre15 dients linked to adverse health effects; and 

16 ‘‘(B) the demographics of the populations 

17 marketed to and using these cosmetics for per18 sonal and professional use; and 

19 ‘‘(2) recommended public health information 

20 strategies to reduce potentially unsafe exposures to 

21 cosmetics. 

22 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To 

23 carry out this section, there are authorized to be appro24 priated such sums as may be necessary for fiscal years 

25 2020 through 2025.’’. 


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1 SEC. 28. REVENUES FOR JUST TRANSITION ASSISTANCE. 

2 (a) MINERAL LEASING REVENUE.—The Mineral 

3 Leasing Act (30 U.S.C. 181 et seq.) is amended— 

(1) in section 7, by striking ‘‘121 4 ⁄2’’ and insert5 ing ‘‘18.75’’; 

6 (2) in section 17— 

7 (A) by striking ‘‘12.5’’ each place such 

8 term appears and inserting ‘‘18.75’’; and 

(B) by striking ‘‘121 9 ⁄2’’ each place such 

10 term appears and inserting ‘‘18.75’’; 

(3) in section 31(e), by striking ‘‘162 11 ⁄3’’ each 

12 place such term appears and inserting ‘‘25’’; 

13 (4) in section 17, by striking ‘‘Lease sales shall 

14 be held for each State where eligible lands are avail15 able at least quarterly and more frequently if the 

16 Secretary of the Interior determines such sales are 

17 necessary.’’ and inserting ‘‘Lease sales may be held 

18 in each State no more than once each year.’’; and 

19 (5) in section 35— 

20 (A) by striking ‘‘All’’ and inserting ‘‘(1) 

21 All’’; and 

22 (B) by adding at the end the following: 

23 ‘‘(2) Notwithstanding paragraph (1), any funds 

24 collected as a result of the amendments made by 

25 section 28(a) of the Environmental Justice For All 


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1 Act shall be distributed consistent with the manner 

2 provided in section 28(d) of such Act.’’. 

3 (b) CONSERVATION OF RESOURCES FEES.—There is 

4 established a Conservation of Resources Fee of $4 per 

5 acre per year on producing Federal onshore and offshore 

6 oil and gas leases. 

7 (c) SPECULATIVE LEASING FEES.—The fee for spec8 ulative leasing for Federal oil and gas nonproducing leases 

9 on- and off-shore shall be $6 per acre per year. 

10 (d) DEPOSIT.— 

11 (1) All funds collected pursuant to subsections 

12 (b) and (c) shall be deposited in the Federal Energy 

13 Transition Economic Development Assistance Fund 

14 established in section 29; 

15 (2) 50 percent of funds collected as a result of 

16 the amendments made by this section shall be depos17 ited in the Federal Energy Transition Economic De18 velopment Assistance Fund established in section 

19 29; and 

20 (3) 50 percent of funds collected as a result of 

21 the amendments made by this section shall be re22 turned to the States where production occurred. 

23 (e) ADJUSTMENT FOR INFLATION.—The Secretary 

24 shall, by regulation at least once every four years, adjust 

25 each fee created by this section to reflect any change in 


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1 the Consumer Price Index (all items, United States city 

2 average) as prepared by the Department of Labor. 

3 (f) DEFINITIONS.—For the purposes of this section: 

4 (1) SECRETARY.—The term ‘‘Secretary’’ means 

5 the Secretary of the Interior. 

6 (2) NONPRODUCING LEASE.—The term ‘‘non7 producing lease’’ means any lease where oil or nat8 ural gas is produced for less than 90 days in a cal9 endar year. 

10 SEC. 29. ECONOMIC REVITALIZATION FOR FOSSIL FUEL DE11 PENDENT COMMUNITIES. 

12 (a) PURPOSE.—The purpose of this section is to pro13 mote economic revitalization, diversification, and develop14 ment in communities that depend on fossil fuel mining, 

15 extraction, or refining for a significant amount of eco16 nomic opportunities, or where a significant proportion of 

17 the population is employed at electric generating stations 

18 that use fossil fuels as the predominant fuel supply. 

19 (b) ESTABLISHMENT OF FEDERAL ENERGY TRANSI20 TION ECONOMIC DEVELOPMENT ASSISTANCE FUND.— 

21 There is established in the Treasury of the United States 

22 a fund, to be known as the ‘‘Federal Energy Transition 

23 Economic Development Assistance Fund’’. Such fund con24 sists of amounts deposited under section 28. 


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1 (c) DISTRIBUTION OF FUNDS.—Of the amounts de2 posited into the Fund— 

3 (1) 35 percent shall be distributed by the Sec4 retary to States in which extraction of fossil fuels 

5 occurs on public lands, based on a formula reflecting 

6 existing production and extraction in each such 

7 State; 

8 (2) 35 percent shall be distributed by the Sec9 retary to States based on a formula reflecting the 

10 quantity of fossil fuels historically produced and ex11 tracted in each such State on public lands before the 

12 date of enactment of this Act; and 

13 (3) 30 percent shall be allocated to a competi14 tive grant program pursuant to subsection (e). 

15 (d) USE OF FUNDS.— 

16 (1) IN GENERAL.—Funds distributed by the 

17 Secretary to States under paragraphs (1) and (2) of 

18 subsection (c) may be used for— 

19 (A) environmental remediation of lands 

20 and waters impacted by the full life-cycle of fos21 sil fuel extraction and mining; 

22 (B) building partnerships to attract and 

23 invest in the economic future of historically fos24 sil-fuel dependent communities; 


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1 (C) increasing capacity and other technical 

2 assistance fostering long-term economic growth 

3 and opportunity in historically fossil-fuel de4 pendent communities; 

5 (D) guaranteeing pensions, healthcare, and 

6 retirement security and providing a bridge of 

7 wage support until a displaced worker either 

8 finds new employment or reaches retirement; 

9 (E) severance payments for displaced 

10 workers; 

11 (F) carbon sequestration projects in nat12 ural systems on public lands; or 

13 (G) expanding broadband access and 

14 broadband infrastructure. 

15 (2) PRIORITY TO FOSSIL FUEL WORKERS.—In 

16 distributing funds under paragraph (1), the Sec17 retary shall place a priority on displaced assisting 

18 workers dislocated from fossil fuel mining and ex19 traction industries. 

20 (e) COMPETITIVE GRANT PROGRAM.— 

21 (1) IN GENERAL.—The Secretary shall establish 

22 a competitive grant program to provide funds to eli23 gible entities for the purposes described in para24 graph (3). 


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1 (2) ELIGIBLE ENTITIES.—For the purposes of 

2 this subsection, the term ‘‘eligible entities’’ means 

3 local, State, and Tribal Governments, development 

4 districts (as such term is defined in section 382E of 

5 the Consolidated Farm and Rural Development Act 

6 (7 U.S.C. 2009aa–4)), nonprofits, labor unions, eco7 nomic development agencies, and institutions of 

8 higher education, including community colleges. 

9 (3) ELIGIBLE USE OF FUNDS.—The Secretary 

10 may award grants from amounts in the Fund for the 

11 purposes listed in subsection (d) and for— 

12 (A) existing job retraining and apprentice13 ship programs for displaced workers or for pro14 grams designed to promote economic develop15 ment in communities affected by a downturn in 

16 fossil fuel extraction and mining; 

17 (B) developing projects that diversify local 

18 and regional economies, create jobs in new or 

19 existing non-fossil fuel industries, attract new 

20 sources of job-creating investment, and provide 

21 a range of workforce services and skills train22 ing; 

23 (C) internship programs in a field related 

24 to clean energy; and 


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1 (D) the development and support of a 

2 clean energy— 

3 (i) certificate program at a labor or4 ganization; or 

5 (ii) a major or minor program at an 

6 institution of higher education, as such 

7 term is defined in section 101 of the High8 er Education Act of 1965 (20 U.S.C. 

9 1001). 

10 (f) JUST TRANSITION ADVISORY COMMITTEE.— 

11 (1) ESTABLISHMENT.—Not later than 180 days 

12 after the date of the enactment of this Act, the Sec13 retary shall establish an advisory committee to be 

14 known as the ‘‘Just Transition Advisory Com15 mittee’’. 

16 (2) CHAIR.—The President shall appoint a 

17 Chair of the Advisory Committee. 

18 (3) DUTIES.—The Advisory Committee shall— 

19 (A) advise, assist, and support the Sec20 retary in the management and allocation of 

21 funds available under subsection (c) and in the 

22 establishment and administration of the Com23 petitive Grant Program under subsection (e); 

24 and 


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1 (B) develop procedures to ensure that 

2 States and applicants eligible to participate in 

3 the Competitive Grant Program established 

4 pursuant to subsection (e) are notified of avail5 ability of Federal funds pursuant to this Act. 

6 (4) MEMBERSHIP.—The total membership of 

7 the Advisory Committee shall not exceed 20 mem8 bers and the Advisory Committee shall be composed 

9 of the following members appointed by the Chair: 

10 (A) A representative of the Assistant Sec11 retary of Commerce for Economic Development. 

12 (B) A representative of the Secretary of 

13 Labor. 

14 (C) A representative of the Under Sec15 retary for Rural Development. 

16 (D) Two individuals with professional eco17 nomic development or workforce retraining ex18 perience. 

19 (E) An equal number of representatives 

20 from each of the following: 

21 (i) Labor unions. 

22 (ii) Nonprofit environmental organiza23 tions. 

24 (iii) Environmental justice organiza25 tions. 


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1 (iv) Fossil fuel transition commu2 nities. 

3 (v) Public interest groups. 

4 (vi) Tribal and indigenous commu5 nities. 

6 (5) TERMINATION.—The Just Transition Advi7 sory Committee shall not terminate except by an Act 

8 of Congress. 

9 (g) LIMIT ON USE OF FUNDS.— 

10 (1) ADMINISTRATIVE COSTS.—Not more than 7 

11 percent of the amounts in the Fund may be used for 

12 administrative costs incurred in implementing this 

13 Act. 

14 (2) LIMITATION ON FUNDS TO A SINGLE ENTI15 TY.—Not more than 5 percent of the amounts in the 

16 Fund may be awarded to a single eligible entity. 

17 (3) CALENDAR YEAR LIMITATION.—At least 15 

18 percent of the amount in the Fund must be spent 

19 in each calendar year. 

20 (h) USE OF AMERICAN IRON, STEEL, AND MANUFAC21 TURED GOODS.—None of the funds appropriated or other22 wise made available by this Act may be used for a project 

23 for the construction, alteration, maintenance, or repair of 

24 a public building or public work unless all of the iron, 

25 steel, and manufactured goods used in the project are proVerDate Sep 11 2014 04:07 Aug 23, 2020 Jkt 099200 PO 00000 Frm 00127 Fmt 6652 Sfmt 6201 E:\BILLS\S4401.IS S4401

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1 duced in the United States unless such manufactured good 

2 is not produced in the United States. 

3 (i) SUBMISSION TO CONGRESS.—The Secretary shall 

4 submit to the Committees on Appropriations and Energy 

5 and Natural Resources of the Senate and to the Commit6 tees on Appropriations and Natural Resources in the 

7 House of Representatives, with the annual budget submis8 sion of the President, a list of projects, including a de9 scription of each project, that received funding under this 

10 section in the previous calendar year. 

11 (j) DEFINITIONS.—For the purposes of this section: 

12 (1) SECRETARY.—The term ‘‘Secretary’’ means 

13 the Secretary of the Interior. 

14 (2) ADVISORY COMMITTEE.—The term ‘‘Advi15 sory Committee’’ means the Just Transition Advi16 sory Committee established by this section. 

17 (3) PUBLIC LAND.—The term ‘‘public land’’ 

18 means any land and interest in land owned by the 

19 United States within the several States and adminis20 tered by the Secretary of the Interior or the Chief 

21 of the United States Forest Service, without regard 

22 to how the United States acquired ownership, in23 cluding lands located on the Outer Continental Shelf 

24 but excluding lands held in trust for an Indian or 

25 Indian Tribe. 


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1 (4) FOSSIL FUEL.—The term ‘‘fossil fuel’’ 

2 means coal, petroleum, natural gas, tar sands, oil 

3 shale, or any derivative of coal, petroleum, or nat4 ural gas. 

5 (5) DISPLACED WORKER.—The term ‘‘displaced 

6 worker’’ means an individual who, due to efforts to 

7 reduce net emissions from public lands or as a result 

8 of a downturn in fossil fuel mining, extraction, or 

9 production, has suffered a reduction in employment 

10 or economic opportunities. 

11 (6) FOSSIL FUEL TRANSITION COMMUNITIES.— 

12 The term ‘‘fossil fuel transition communities’’ means 

13 a community— 

14 (A) that has been adversely affected eco15 nomically by a recent reduction in fossil fuel 

16 mining, extraction, or production related activ17 ity, as demonstrated by employment data, per 

18 capita income, or other indicators of economic 

19 distress; 

20 (B) that has historically relied on fossil 

21 fuel mining, extraction, or production related 

22 activity for a substantial portion of its economy; 

23 or 


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1 (C) in which the economic contribution of 

2 fossil fuel mining, extraction or production re3 lated activity has significantly declined. 

4 (7) FOSSIL FUEL DEPENDENT COMMUNITIES.— 

5 The term ‘‘fossil fuel dependent communities’’ 

6 means a community— 

7 (A) that depends on fossil fuel mining, and 

8 extraction, or refining for a significant amount 

9 of economic opportunities; or 

10 (B) where a significant proportion of the 

11 population is employed at electric generating 

12 stations that use fossil fuels as the predominant 

13 fuel supply. 

14 SEC. 30. EVALUATION BY COMPTROLLER GENERAL OF THE 

15 UNITED STATES. 

16 Not later than 2 years after the date of enactment 

17 of this Act, and biennially thereafter, the Comptroller 

18 General of the United States shall submit to the Commit19 tees on Energy and Commerce and Natural Resources of 

20 the House of Representatives, and the Committees on En21 vironment and Public Works and Energy and Natural Re22 sources of the Senate, a report that contains an evaluation 

23 of the effectiveness of each activity carried out under this 

24 Act and the amendments made by this Act. 

Æ 


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