II 

118TH CONGRESS 

1ST SESSION S. 919 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 22, 2023 

Ms. DUCKWORTH (for herself, Mr. BOOKER, Mr. MARKEY, Mr. BLUMENTHAL, 

Ms. WARREN, Mr. SCHATZ, Mr. WELCH, Mr. SANDERS, Ms. SMITH, Mr. 

VAN HOLLEN, Mr. WYDEN, Mr. MERKLEY, and Mr. PADILLA) 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, 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. 

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

5 Donald McEachin Environmental Justice For All Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; statement of policy. 

Sec. 3. Definitions. 

Sec. 4. Prohibited discrimination. 


pbinns on DSKJLVW7X2PROD with $$_JOB
2 

•S 919 IS

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. White House Environmental Justice Interagency Council. 

Sec. 9. Federal agency actions and responsibilities. 

Sec. 10. Ombuds. 

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

Sec. 12. Transit to trails grant program. 

Sec. 13. Repeal of sunset for the Every Kid Outdoors program. 

Sec. 14. Protections for environmental justice communities against harmful 

Federal actions. 

Sec. 15. Strengthening Community Protections under the National Environmental Policy Act of 1969. 

Sec. 16. Training of employees of Federal agencies. 

Sec. 17. Environmental justice grant programs. 

Sec. 18. Environmental justice basic training program. 

Sec. 19. National Environmental Justice Advisory Council. 

Sec. 20. Environmental Justice Clearinghouse. 

Sec. 21. Public meetings. 

Sec. 22. Environmental projects for environmental justice communities. 

Sec. 23. Grants to further achievement of Tribal coastal zone objectives. 

Sec. 24. Cosmetic labeling. 

Sec. 25. Safer cosmetic alternatives for disproportionately impacted communities. 

Sec. 26. Safer child care centers, schools, and homes for disproportionately impacted communities. 

Sec. 27. Certain menstrual products misbranded if labeling does not include ingredients. 

Sec. 28. Support by National Institute of Environmental Health Sciences for 

research on health disparities impacting communities of color. 

Sec. 29. Revenues for just transition assistance. 

Sec. 30. Economic revitalization for fossil fuel-dependent communities. 

Sec. 31. Evaluation by Comptroller General of the United States. 

1 SEC. 2. FINDINGS; STATEMENT OF POLICY. 

2 (a) FINDINGS.—Congress finds that— 

3 (1) communities of color, low-income commu4 nities, Tribal and Indigenous communities, fossil 

5 fuel-dependent communities, and other vulnerable 

6 populations, such as persons with disabilities, chil7 dren, and the elderly, are disproportionately bur8 dened by environmental hazards that include expo9 sure to polluted air, waterways, and landscapes; 


pbinns on DSKJLVW7X2PROD with $$_JOB
3 

•S 919 IS

1 (2) environmental justice disparities are also ex2 hibited through a lack of equitable access to green 

3 spaces, public recreation opportunities, and informa4 tion and data on potential exposure to environmental 

5 hazards; 

6 (3) communities experiencing environmental in7 justice have been subjected to systemic racial, social, 

8 and economic injustices and face a disproportionate 

9 burden of adverse human health or environmental 

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

11 structural discrimination, and disproportionate en12 ergy burdens; 

13 (4) environmental justice communities have 

14 been made more vulnerable to the effects of climate 

15 change due to a combination of factors, particularly 

16 the legacy of segregation and historically racist zon17 ing codes, and often have the least resources to re18 spond, making it a necessity for environmental jus19 tice communities to be meaningfully engaged as 

20 partners and stakeholders in government decision 

21 making as the United States builds its climate resil22 ience; 

23 (5) potential environmental and climate threats 

24 to environmental justice communities merit a higher 

25 level of engagement, review, and consent to ensure 


pbinns on DSKJLVW7X2PROD with $$_JOB
4 

•S 919 IS

1 that communities are not forced to bear dispropor2 tionate environmental and health impacts; 

3 (6) the burden of proof that a proposed action 

4 will not harm communities, including through cumu5 lative exposure effects, should fall on polluting in6 dustries and on the Federal Government in its regu7 latory role, not the communities themselves; 

8 (7) Executive Order 12898 (42 U.S.C. 4321 

9 note; relating to Federal actions to address environ10 mental justice in minority populations and low-in11 come populations) directs Federal agencies to ad12 dress disproportionately high and adverse human 

13 health or environmental effects of its programs, but 

14 Federal agencies have been inconsistent in updating 

15 their strategic plans for environmental justice and 

16 reporting on their progress in enacting those plans; 

17 (8) Government action to correct environmental 

18 injustices is a moral imperative, and Federal policy 

19 can and should improve public health and improve 

20 the overall well-being of all communities; 

21 (9) all people have the right to breathe clean 

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

23 of toxic pollution, and share the benefits of a pros24 perous and vibrant pollution-free economy; 


pbinns on DSKJLVW7X2PROD with $$_JOB
5 

•S 919 IS

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, and that transition must also address the 

6 economic disparities experienced by residents living 

7 in 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; and 

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 (b) STATEMENT OF POLICY.—It is the policy of Con16 gress that each Federal agency should— 

17 (1) seek to achieve environmental justice as 

18 part of its mission by identifying and addressing, as 

19 appropriate, disproportionately adverse human 

20 health or environmental effects of its programs, poli21 cies, practices, and activities on communities of 

22 color, low-income communities, and Tribal and In23 digenous communities in each State and territory of 

24 the United States; 


pbinns on DSKJLVW7X2PROD with $$_JOB
6 

•S 919 IS

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, Indian 

11 Tribes, and local governments to address pollution 

12 and public health burdens in communities experi13 encing environmental injustice, and build healthy, 

14 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 the sustainable preservation of 

18 the ecological integrity and aesthetic, scientific, cul19 tural, 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. 


pbinns on DSKJLVW7X2PROD with $$_JOB
7 

•S 919 IS

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

2 Council’’ means the National Environmental Justice 

3 Advisory Council established by the President under 

4 section 19. 

5 (3) CLEARINGHOUSE.—The term ‘‘Clearing6 house’’ means the Environmental Justice Clearing7 house established by the Administrator under section 

8 20. 

9 (4) COMMUNITY OF COLOR.—The term ‘‘com10 munity of color’’ means a geographically distinct 

11 area in which the population of any of the following 

12 categories of individuals is higher than the average 

13 population of that category for the State in which 

14 the community is located: 

15 (A) Black. 

16 (B) African American. 

17 (C) Asian. 

18 (D) Pacific Islander. 

19 (E) Other non-White race. 

20 (F) Hispanic. 

21 (G) Latino. 

22 (H) Linguistically isolated. 

23 (I) Middle Eastern and North African. 


pbinns on DSKJLVW7X2PROD with $$_JOB
8 

•S 919 IS

1 (5) DIRECTOR.—The term ‘‘Director’’ means 

2 the Director of the National Institute of Environ3 mental Health Sciences. 

4 (6) DISPARATE IMPACT.—The term ‘‘disparate 

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

6 appearing neutral, actually has the effect of sub7 jecting persons to discrimination on the basis of 

8 race, color, or national origin. 

9 (7) DISPROPORTIONATE BURDEN OF ADVERSE

10 HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 

11 The term ‘‘disproportionate burden of adverse 

12 human health or environmental effects’’ means a sit13 uation where there exists higher or more adverse 

14 human health or environmental effects on commu15 nities of color, low-income communities, and Tribal 

16 and Indigenous communities. 

17 (8) ENVIRONMENTAL JUSTICE.—The term ‘‘en18 vironmental justice’’ means the fair treatment and 

19 meaningful involvement of all people regardless of 

20 race, color, culture, national origin, or income, with 

21 respect to the development, implementation, and en22 forcement of environmental laws, regulations, and 

23 policies to ensure that each person enjoys— 

24 (A) the same degree of protection from en25 vironmental and health hazards; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
9 

•S 919 IS

1 (B) equal access and involvement with re2 spect to any Federal agency action on environ3 mental justice issues in order to have a healthy 

4 environment in which to live, learn, work, and 

5 recreate. 

6 (9) ENVIRONMENTAL JUSTICE COMMUNITY.— 

7 The term ‘‘environmental justice community’’ means 

8 a community with significant representation of com9 munities of color, low-income communities, or Tribal 

10 and Indigenous communities, that experiences, or is 

11 at risk of experiencing higher or more adverse 

12 human health or environmental effects. 

13 (10) ENVIRONMENTAL LAW.—The term ‘‘envi14 ronmental law’’ includes— 

15 (A) the Clean Air Act (42 U.S.C. 7401 et 

16 seq.); 

17 (B) the Federal Water Pollution Control 

18 Act (33 U.S.C. 1251 et seq.); 

19 (C) the Energy Policy Act of 2005 (42 

20 U.S.C. 15801 et seq.); 

21 (D) the National Environmental Policy Act 

22 of 1969 (42 U.S.C. 4321 et seq.); 

23 (E) the Pollution Prevention Act of 1990 

24 (42 U.S.C. 13101 et seq.); 


pbinns on DSKJLVW7X2PROD with $$_JOB
10 

•S 919 IS

1 (F) the Safe Drinking Water Act (42 

2 U.S.C. 300f et seq.); 

3 (G) the Solid Waste Disposal Act (42 

4 U.S.C. 6901 et seq.); 

5 (H) the Federal Insecticide, Fungicide, 

6 and Rodenticide Act (7 U.S.C. 136 et seq.); 

7 (I) the Toxic Substances Control Act (15 

8 U.S.C. 2601 et seq.); 

9 (J) Public Law 95–341 (commonly known 

10 as the ‘‘American Indian Religious Freedom 

11 Act’’) (42 U.S.C. 1996 et seq.); and 

12 (K) division A of subtitle III of title 54, 

13 United States Code (formerly known as the 

14 ‘‘National Historic Preservation Act’’). 

15 (11) FAIR TREATMENT.—The term ‘‘fair treat16 ment’’ means the conduct of a program, policy, prac17 tice, or activity by a Federal agency in a manner 

18 that ensures that no group of individuals (including 

19 racial, ethnic, or socioeconomic groups) experience a 

20 disproportionate burden of adverse human health or 

21 environmental effects resulting from such program, 

22 policy, practice, or activity, as determined through 

23 consultation with, and with the meaningful partici24 pation of, individuals from the communities affected 


pbinns on DSKJLVW7X2PROD with $$_JOB
11 

•S 919 IS

1 by a program, policy, practice, or activity of a Fed2 eral agency. 

3 (12) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

4 has the meaning given the term in section 4 of the 

5 Indian Self-Determination and Education Assistance 

6 Act (25 U.S.C. 5304). 

7 (13) LOCAL GOVERNMENT.—The term ‘‘local 

8 government’’ means— 

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

10 township, local public authority, school district, 

11 special district, intrastate district, council of 

12 governments (regardless of whether the council 

13 of governments is incorporated as a nonprofit 

14 corporation under State law), regional or inter15 state governmental entity, or agency or instru16 mentality of a local government; or 

17 (B) an Indian Tribe, an authorized Tribal 

18 organization, or an Alaska Native village or or19 ganization. 

20 (14) LOW-INCOME COMMUNITY.—The term 

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

22 group in which 30 percent or more of the population 

23 are individuals with an annual household income 

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


pbinns on DSKJLVW7X2PROD with $$_JOB
12 

•S 919 IS

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

2 median income of the area in which the house3 hold is located, as reported by the Department 

4 of Housing and Urban Development; and 

5 (B) 200 percent of the Federal poverty 

6 line. 

7 (15) POPULATION.—The term ‘‘population’’ 

8 means a census block group or series of geographi9 cally contiguous blocks representing certain common 

10 characteristics, such as race, ethnicity, national ori11 gin, income level, health disparities, or other public 

12 health and socioeconomic attributes. 

13 (16) STATE.—The term ‘‘State’’ means— 

14 (A) any State of the United States; 

15 (B) the District of Columbia; 

16 (C) the Commonwealth of Puerto Rico; 

17 (D) the United States Virgin Islands; 

18 (E) Guam; 

19 (F) American Samoa; and 

20 (G) the Commonwealth of the Northern 

21 Mariana Islands. 

22 (17) TRIBAL AND INDIGENOUS COMMUNITY.— 

23 The term ‘‘Tribal and Indigenous community’’ 

24 means a population of people who are members of— 

25 (A) a federally recognized Indian Tribe; 


pbinns on DSKJLVW7X2PROD with $$_JOB
13 

•S 919 IS

1 (B) a State-recognized Indian Tribe; 

2 (C) an Alaska Native community or orga3 nization; 

4 (D) a Native Hawaiian community or or5 ganization; or 

6 (E) any other Indigenous community lo7 cated in a State. 

8 (18) WHITE HOUSE INTERAGENCY COUNCIL.— 

9 The term ‘‘White House interagency council’’ means 

10 the White House Environmental Justice Interagency 

11 Council described in section 8. 

12 (19) TRIBAL ORGANIZATION.—The term ‘‘Trib13 al organization’’ means an organization that is— 

14 (A) a Tribal organization (as defined in 

15 section 4 of the Indian Self-Determination and 

16 Education Assistance Act (25 U.S.C. 5304)); 

17 (B) a Native Hawaiian organization (as 

18 defined in section 2 of the Native American 

19 Graves Protection and Repatriation Act (25 

20 U.S.C. 3001)); or 

21 (C) an urban Indian Organization (as de22 fined in section 4 of the Indian Health Care 

23 Improvement Act (25 U.S.C. 1603)). 


pbinns on DSKJLVW7X2PROD with $$_JOB
14 

•S 919 IS

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) an entity subject to this title (referred to 

11 in this subsection as a ‘covered entity’) has a pro12 gram, policy, practice, or activity that causes a dis13 parate impact on the basis of race, color, or national 

14 origin and the covered entity fails to demonstrate 

15 that the challenged program, policy, practice, or ac16 tivity is related to and necessary to achieve the non17 discriminatory goal of the program, policy, practice, 

18 or activity alleged to have been operated in a dis19 criminatory manner; or 

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

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

22 entity refuses to adopt such alternative program, 

23 policy, practice, or activity. 

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

25 program, policy, practice, or activity does not cause a dis26 parate impact, the covered entity shall demonstrate that 


pbinns on DSKJLVW7X2PROD with $$_JOB
15 

•S 919 IS

1 each particular challenged program, policy, practice, or ac2 tivity does not cause a disparate impact, except that if 

3 the covered entity demonstrates to the courts that the ele4 ments of the covered entity’s decision-making process are 

5 not capable of separation for analysis, the decision-making 

6 process may be analyzed as 1 program, policy, practice, 

7 or activity. 

8 ‘‘(2) A demonstration that a program, policy, prac9 tice, or activity is necessary to achieve the goals of a pro10 gram, policy, practice, or activity may not be used as a 

11 defense against a claim of intentional discrimination under 

12 this title. 

13 ‘‘(3) In this subsection— 

14 ‘‘(A) the term ‘demonstrates’ means to meet 

15 the burdens of going forward with the evidence and 

16 of persuasion; and 

17 ‘‘(B) the term ‘disparate impact’ has the mean18 ing given the term in section 3 of the A. Donald 

19 McEachin Environmental Justice For All Act. 

20 ‘‘(c) No person in the United States shall be sub21 jected to discrimination, including retaliation or intimida22 tion, because such person opposed any program, policy, 

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

24 such person made a charge, testified, assisted, or particiVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
16 

•S 919 IS

1 pated in any manner in an investigation, proceeding, or 

2 hearing under this title.’’. 

3 SEC. 5. RIGHT OF ACTION. 

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

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

6 (1) by inserting ‘‘(a)’’ before ‘‘Each Federal de7 partment and agency which is empowered’’; and 

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

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

10 with this title, including any regulation promulgated pur11 suant to this title, may file suit in any district court of 

12 the United States having jurisdiction of the parties, with13 out respect to the amount in controversy and without re14 gard to the citizenship of the parties.’’. 

15 (b) EFFECTIVE DATE.— 

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

17 amendments made by this section, takes effect on 

18 the date of enactment of this Act. 

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

20 amendments made by this section, applies to all ac21 tions or proceedings pending on or after the date of 

22 enactment of this Act. 


pbinns on DSKJLVW7X2PROD with $$_JOB
17 

•S 919 IS

1 SEC. 6. RIGHTS OF RECOVERY. 

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

3 2000d et seq.) is amended by inserting after section 602 

4 the following: 

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

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

7 DISCRIMINATION.—In an action brought by an aggrieved 

8 person under this title against an entity subject to this 

9 title (referred to in this section as a ‘covered entity’) who 

10 has engaged in unlawful intentional discrimination (not a 

11 practice that is unlawful because of its disparate impact) 

12 prohibited under this title (including its implementing reg13 ulations), the aggrieved person may recover equitable and 

14 legal relief (including compensatory and punitive dam15 ages), attorney’s fees (including expert fees), and costs of 

16 the action, except that punitive damages are not available 

17 against a government, government agency, or political 

18 subdivision. 

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

20 STANDARD OF PROOF.—In an action brought by an ag21 grieved person under this title against a covered entity 

22 who has engaged in unlawful discrimination based on dis23 parate impact prohibited under this title (including imple24 menting regulations), the aggrieved person may recover 

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

26 action. 


pbinns on DSKJLVW7X2PROD with $$_JOB
18 

•S 919 IS

1 ‘‘(c) DEFINITIONS.—In this section: 

2 ‘‘(1) AGGRIEVED PERSON.—The term ‘ag3 grieved person’ means a person aggrieved by dis4 crimination on the basis of race, color, or national 

5 origin. 

6 ‘‘(2) DISPARATE IMPACT.—The term ‘disparate 

7 impact’ has the meaning given the term in section 

8 3 of the A. Donald McEachin Environmental Justice 

9 For All Act.’’. 

10 SEC. 7. CONSIDERATION OF CUMULATIVE IMPACTS AND 

11 PERSISTENT VIOLATIONS IN CERTAIN PER12 MITTING DECISIONS. 

13 (a) FEDERAL WATER POLLUTION CONTROL ACT.— 

14 Section 402 of the Federal Water Pollution Control Act 

15 (33 U.S.C. 1342) is amended— 

16 (1) by striking the section designation and 

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

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

19 ‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI20 NATION SYSTEM. 

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

22 ‘‘(1) IN GENERAL.—Except as’’; 

23 (2) in subsection (a)— 

24 (A) in paragraph (1)— 


pbinns on DSKJLVW7X2PROD with $$_JOB
19 

•S 919 IS

1 (i) by striking ‘‘upon condition that 

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

3 and inserting the following: ‘‘subject to the 

4 conditions that— 

5 ‘‘(A) the discharge will achieve compliance 

6 with, as applicable— 

7 ‘‘(i) all’’; 

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

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

10 ‘‘403; or 

11 ‘‘(ii) prior’’; and 

12 (iii) by striking ‘‘this Act.’’ and insert13 ing the following: ‘‘this Act; and 

14 ‘‘(B) with respect to the issuance or re15 newal of the permit— 

16 ‘‘(i) based on an analysis by the Ad17 ministrator of existing water quality and 

18 the potential cumulative impacts (as de19 fined in section 501 of the Clean Air Act 

20 (42 U.S.C. 7661)) of the discharge, consid21 ered in conjunction with the designated 

22 and actual uses of the impacted navigable 

23 water, there exists a reasonable certainty 

24 of no harm to the health of the general 


pbinns on DSKJLVW7X2PROD with $$_JOB
20 

•S 919 IS

1 population, or to any potentially exposed or 

2 susceptible subpopulation; or 

3 ‘‘(ii) if the Administrator determines 

4 that, due to those potential cumulative im5 pacts, there does not exist a reasonable 

6 certainty of no harm to the health of the 

7 general population, or to any potentially 

8 exposed or susceptible subpopulation, the 

9 permit or renewal includes such terms and 

10 conditions as the Administrator determines 

11 to be necessary to ensure a reasonable cer12 tainty 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 


pbinns on DSKJLVW7X2PROD with $$_JOB
21 

•S 919 IS

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— 


pbinns on DSKJLVW7X2PROD with $$_JOB
22 

•S 919 IS

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 

23 ‘‘(ii) as assessed based on the com24 bined past, present, and reasonably foreVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
23 

•S 919 IS

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 


pbinns on DSKJLVW7X2PROD with $$_JOB
24 

•S 919 IS

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 striking paragraph (9) and insert10 ing the following: 

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; 


pbinns on DSKJLVW7X2PROD with $$_JOB
25 

•S 919 IS

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 


pbinns on DSKJLVW7X2PROD with $$_JOB
26 

•S 919 IS

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 A. 

14 Donald McEachin Environmental Jus15 tice For All Act; 

16 ‘‘(IV) if the permitting authority 

17 determines under subclause (III) that 

18 the applicant is a persistent violator 

19 and the permitting authority does not 

20 deny the issuance or renewal of the 

21 permit pursuant to subclause 

22 (II)(bb)— 

23 ‘‘(aa) require the applicant 

24 to submit a plan that describes— 


pbinns on DSKJLVW7X2PROD with $$_JOB
27 

•S 919 IS

1 ‘‘(AA) if the applicant 

2 is not in compliance with 

3 this Act, measures the appli4 cant will carry out to 

5 achieve that compliance, to6 gether with an approximate 

7 deadline for that achieve8 ment; 

9 ‘‘(BB) measures the 

10 applicant will carry out, or 

11 has carried out to ensure the 

12 applicant will remain in 

13 compliance with this Act, 

14 and to mitigate the environ15 mental and health effects of 

16 noncompliance; and 

17 ‘‘(CC) the measures the 

18 applicant has carried out in 

19 preparing the plan to con20 sult or negotiate with the 

21 communities affected by 

22 each persistent violation ad23 dressed in the plan; and 

24 ‘‘(bb) once such a plan is 

25 submitted, determine whether the 


pbinns on DSKJLVW7X2PROD with $$_JOB
28 

•S 919 IS

1 plan is adequate to ensuring that 

2 the applicant— 

3 ‘‘(AA) will achieve com4 pliance with this Act expedi5 tiously; 

6 ‘‘(BB) will remain in 

7 compliance with this Act; 

8 ‘‘(CC) will mitigate the 

9 environmental and health ef10 fects of noncompliance; and 

11 ‘‘(DD) has solicited and 

12 responded to community 

13 input regarding the plan; 

14 and 

15 ‘‘(V) deny the issuance or re16 newal of the permit if the permitting 

17 authority determines that— 

18 ‘‘(aa) the plan submitted 

19 under subclause (IV)(aa) is inad20 equate; or 

21 ‘‘(bb)(AA) the applicant has 

22 submitted a plan on a prior occa23 sion, but continues to be a per24 sistent violator; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
29 

•S 919 IS

1 ‘‘(BB) no indication exists 

2 of extremely exigent cir3 cumstances excusing the per4 sistent violations; and 

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

6 a term of 3 years or longer, require permit 

7 revisions in accordance with subparagraph 

8 (B). 

9 ‘‘(B) REVISION REQUIREMENTS.— 

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

11 in subparagraph (A)(ii) shall occur as ex12 peditiously as practicable and consistent 

13 with the procedures established under 

14 paragraph (6) but not later than 18 

15 months after the promulgation of such 

16 standards and regulations. 

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

18 this paragraph shall not be required if the 

19 effective date of the standards or regula20 tions is a date after the expiration of the 

21 permit term. 

22 ‘‘(iii) TREATMENT AS RENEWAL.—A 

23 permit revision under this paragraph shall 

24 be treated as a permit renewal if it comVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
30 

•S 919 IS

1 plies with the requirements of this title re2 garding renewals.’’. 

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

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

5 by adding at the end the following: 

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

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

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

9 a major source shall submit, together with the compliance 

10 plan required under this subsection, a cumulative impacts 

11 analysis for each census block group or Tribal census 

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

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

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

15 proposed to be, located that analyzes— 

16 ‘‘(A) community demographics and locations of 

17 community exposure points, such as schools, day 

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

19 places of religious worship, parks, playgrounds, and 

20 community centers; 

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

22 air quality of emissions of air pollutants (including 

23 pollutants listed under section 108 or 112) from the 

24 major source, including in combination with existing 

25 sources of pollutants; 


pbinns on DSKJLVW7X2PROD with $$_JOB
31 

•S 919 IS

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

2 water quality of emissions of lead and other air pol3 lutants that could contaminate soil or water from 

4 the major source, including in combination with ex5 isting sources of pollutants; and 

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

7 public health from the major source.’’. 

8 SEC. 8. WHITE HOUSE ENVIRONMENTAL JUSTICE INTER9 AGENCY COUNCIL. 

10 (a) IN GENERAL.—The President shall maintain 

11 within the Executive Office of the President a White 

12 House Environmental Justice Interagency Council. 

13 (b) PURPOSES.—The purposes of the White House 

14 interagency council are— 

15 (1) to improve coordination and collaboration 

16 among Federal agencies and to help advise and as17 sist Federal agencies in identifying and addressing, 

18 as appropriate, the disproportionate human health 

19 and environmental effects of Federal programs, poli20 cies, practices, and activities on communities of 

21 color, low-income communities, and Tribal and In22 digenous communities; 

23 (2) to promote meaningful involvement and due 

24 process in the development, implementation, and en25 forcement of environmental laws; 


pbinns on DSKJLVW7X2PROD with $$_JOB
32 

•S 919 IS

1 (3) to coordinate with, and provide direct guid2 ance and technical assistance to, environmental jus3 tice communities, with a focus on capacity building 

4 and increasing community understanding of the 

5 science, regulations, and policy related to Federal 

6 agency actions on environmental justice issues; 

7 (4) to address environmental health, pollution, 

8 and public health burdens in environmental justice 

9 communities, and build healthy, sustainable, and re10 silient communities; and 

11 (5) to develop and update a strategy to address 

12 current and historical environmental injustice, in 

13 consultation with the National Environmental Jus14 tice Advisory Council and local environmental justice 

15 leaders, that includes— 

16 (A) clear performance metrics to ensure 

17 accountability; and 

18 (B) an annually published public perform19 ance scorecard on the implementation of the 

20 White House interagency council. 

21 (c) COMPOSITION.—The White House interagency 

22 council shall be composed of members as follows (or their 

23 designee): 

24 (1) The Secretary of Agriculture. 

25 (2) The Secretary of Commerce. 


pbinns on DSKJLVW7X2PROD with $$_JOB
33 

•S 919 IS

1 (3) The Secretary of Defense. 

2 (4) The Secretary of Education. 

3 (5) The Secretary of Energy. 

4 (6) The Secretary of Health and Human Serv5 ices. 

6 (7) The Secretary of Homeland Security. 

7 (8) The Secretary of Housing and Urban Devel8 opment. 

9 (9) The Secretary of the Interior. 

10 (10) The Attorney General. 

11 (11) The Secretary of Labor. 

12 (12) The Secretary of Transportation. 

13 (13) The Administrator of the Environmental 

14 Protection Agency. 

15 (14) The Director of the Office of Management 

16 and Budget. 

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

18 Technology Policy. 

19 (16) The Deputy Assistant to the President for 

20 Environmental Policy. 

21 (17) The Assistant to the President for Domes22 tic Policy. 

23 (18) The Director of the National Economic 

24 Council. 


pbinns on DSKJLVW7X2PROD with $$_JOB
34 

•S 919 IS

1 (19) The Chair of the Council on Environ2 mental Quality. 

3 (20) The Chairperson of the Council of Eco4 nomic Advisers. 

5 (21) The Director of the National Institutes of 

6 Health. 

7 (22) The Director of the Office of Environ8 mental Justice. 

9 (23) The Chairperson of the Consumer Product 

10 Safety Commission. 

11 (24) The Chairperson of the Chemical Safety 

12 Board. 

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

14 (26) The Assistant Secretary of the Bureau of 

15 Indian Affairs. 

16 (27) The Chairperson of the National Environ17 mental Justice Advisory Council. 

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

19 President may designate. 

20 (d) GOVERNANCE.—The Chair of the Council on En21 vironmental Quality shall serve as Chairperson of the 

22 White House interagency council. 

23 (e) REPORTING TO PRESIDENT.—The White House 

24 interagency council shall report to the President through 

25 the Chair of the Council on Environmental Quality. 


pbinns on DSKJLVW7X2PROD with $$_JOB
35 

•S 919 IS

1 (f) UNIFORM CONSIDERATION GUIDANCE.— 

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

3 common level of understanding of terminology used 

4 in dealing with environmental justice issues, not 

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

6 Act, after coordinating with and conducting outreach 

7 to environmental justice communities, State govern8 ments, Indian Tribes, and local governments, the 

9 White House interagency council shall develop and 

10 publish in the Federal Register a guidance document 

11 to assist Federal agencies in defining and applying 

12 the following terms: 

13 (A) Health disparities. 

14 (B) Environmental exposure disparities. 

15 (C) Demographic characteristics, including 

16 age, sex, and race or ethnicity. 

17 (D) Social stressors, including poverty, 

18 housing quality, access to health care, edu19 cation, immigration status, linguistic isolation, 

20 historical trauma, and lack of community re21 sources. 

22 (E) Cumulative impacts or risks. 

23 (F) Community vulnerability or suscepti24 bility to adverse human health and environ25 mental effects (including climate change). 


pbinns on DSKJLVW7X2PROD with $$_JOB
36 

•S 919 IS

1 (G) Barriers to meaningful involvement in 

2 the development, implementation, and enforce3 ment of environmental laws. 

4 (H) Community capacity to address envi5 ronmental concerns, including the capacity to 

6 obtain equitable access to environmental amen7 ities. 

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

9 less than 30 days, the White House interagency 

10 council shall seek public comment on the guidance 

11 document developed under paragraph (1). 

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

13 after the date of publication of the guidance docu14 ment under paragraph (1), the head of each Federal 

15 agency participating in the White House interagency 

16 council shall document the ways in which the Fed17 eral agency will incorporate guidance from the docu18 ment into the environmental justice strategy of the 

19 Federal agency developed and finalized under section 

20 9(b). 

21 (g) DEVELOPMENT OF INTERAGENCY FEDERAL EN22 VIRONMENTAL JUSTICE STRATEGY.— 

23 (1) IN GENERAL.—Not less frequently than 

24 once every 3 years, after notice and opportunity for 

25 public comment, the White House interagency counVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
37 

•S 919 IS

1 cil shall update a coordinated interagency Federal 

2 environmental justice strategy to address current 

3 and historical environmental injustice. 

4 (2) DEVELOPMENT OF STRATEGY.—In carrying 

5 out paragraph (1), the White House interagency 

6 council shall— 

7 (A) consider the most recent environmental 

8 justice strategy of each Federal agency that 

9 participates in the White House interagency 

10 council that is developed and finalized under 

11 section 9(b); 

12 (B) consult with the National Environ13 mental Justice Advisory Council and local envi14 ronmental justice leaders; and 

15 (C) include in the interagency Federal en16 vironmental justice strategy clear performance 

17 metrics to ensure accountability. 

18 (3) ANNUAL PERFORMANCE SCORECARD.—The 

19 White House interagency council shall annually pub20 lish a public performance scorecard on the imple21 mentation of the interagency Federal environmental 

22 justice strategy. 

23 (h) SUBMISSION OF REPORT TO PRESIDENT.— 

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

25 after updating the interagency Federal environVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
38 

•S 919 IS

1 mental justice strategy under subsection (g)(1), the 

2 White House interagency council shall submit to the 

3 President a report that contains— 

4 (A) a description of the implementation of 

5 the interagency Federal environmental justice 

6 strategy; and 

7 (B) a copy of the finalized environmental 

8 justice strategy of each Federal agency that 

9 participates in the White House interagency 

10 council that is developed and finalized under 

11 section 9(b). 

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

13 Federal agency that participates in the White House 

14 interagency council shall make the report described 

15 in paragraph (1) available to the public (including 

16 by posting a copy of the report on the website of 

17 each Federal agency). 

18 (i) ADMINISTRATION.— 

19 (1) OFFICE OF ADMINISTRATION.—The Office 

20 of Administration within the Executive Office of the 

21 President shall provide funding and administrative 

22 support for the White House interagency council, to 

23 the extent permitted by law and within existing ap24 propriations. 


pbinns on DSKJLVW7X2PROD with $$_JOB
39 

•S 919 IS

1 (2) OTHER AGENCIES.—To the extent per2 mitted by law, including section 1535 of title 31, 

3 United States Code (commonly known as the ‘‘Econ4 omy Act’’), and subject to the availability of appro5 priations, the Secretary of Labor, the Secretary of 

6 Transportation, and the Administrator of the Envi7 ronmental Protection Agency shall provide adminis8 trative support for the White House interagency 

9 council, as necessary. 

10 (j) MEETINGS AND STAFF.— 

11 (1) CHAIR.—The Chair of the Council on Envi12 ronmental Quality shall— 

13 (A) convene regular meetings of the White 

14 House interagency council; 

15 (B) determine the agenda of the White 

16 House interagency council in accordance with 

17 this section; and 

18 (C) direct the work of the White House 

19 interagency council. 

20 (2) EXECUTIVE DIRECTOR.—The Chair of the 

21 Council on Environmental Quality shall designate an 

22 Executive Director of the White House interagency 

23 council, who shall coordinate the work of, and head 

24 any staff assigned to, the White House interagency 

25 council. 


pbinns on DSKJLVW7X2PROD with $$_JOB
40 

•S 919 IS

1 (k) OFFICERS.—To facilitate the work of the White 

2 House interagency council, the head of each agency de3 scribed in subsection (c) shall assign a designated official 

4 within the agency to be an Environmental Justice Officer, 

5 with the authority— 

6 (1) to represent the agency on the White House 

7 interagency council; and 

8 (2) to perform such other duties relating to the 

9 implementation of this section within the agency as 

10 the head of the agency determines to be appropriate. 

11 (l) ESTABLISHMENT OF SUBGROUPS.—At the direc12 tion of the Chair of the Council on Environmental Quality, 

13 the White House interagency council may establish 1 or 

14 more subgroups consisting exclusively of White House 

15 interagency council members or their designees under this 

16 section, as appropriate. 

17 SEC. 9. FEDERAL AGENCY ACTIONS AND RESPONSIBIL18 ITIES. 

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

20 that participates in the White House interagency council 

21 shall conduct each program, policy, practice, and activity 

22 of the Federal agency that adversely affects, or has the 

23 potential to adversely affect, human health or the environ24 ment in a manner that ensures that each such program, 

25 policy, practice, or activity does not have an effect of exVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
41 

•S 919 IS

1 cluding any individual from participating in, denying any 

2 individual the benefits of, or subjecting any individual to 

3 discrimination or disparate impact under, such program, 

4 policy, practice, or activity of the Federal agency on the 

5 basis of the race, color, national origin, or income level 

6 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 White House inter13 agency council shall develop and finalize an agency14 wide environmental 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 


pbinns on DSKJLVW7X2PROD with $$_JOB
42 

•S 919 IS

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; 


pbinns on DSKJLVW7X2PROD with $$_JOB
43 

•S 919 IS

1 (iv) to improve awareness of environ2 mental justice issues relating to agency ac3 tivities, including awareness among im4 pacted parents and children in environ5 mental justice communities; 

6 (v) to improve cooperation with State 

7 governments, Indian Tribes, and local gov8 ernments to address pollution and public 

9 health burdens in environmental justice 

10 communities, and build healthy, sustain11 able, and resilient communities; 

12 (vi) to improve Federal research and 

13 data collection efforts related to— 

14 (I) the health and environment of 

15 communities of color, low-income com16 munities, and Tribal and Indigenous 

17 communities; 

18 (II) climate change; and 

19 (III) the inequitable distribution 

20 of burdens and benefits of the man21 agement and use of natural resources, 

22 including water, minerals, and land; 

23 and 

24 (vii) to reduce or eliminate dispropor25 tionately adverse human health or environVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
44 

•S 919 IS

1 mental effects on communities of color, 

2 low-income communities, and Tribal and 

3 Indigenous communities; and 

4 (B) a timetable for the completion of— 

5 (i) each revision identified under sub6 paragraph (A); and 

7 (ii) an assessment of the economic 

8 and social implications of each revision 

9 identified under subparagraph (A). 

10 (3) REPORTS.— 

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

12 years after the finalization of an environmental 

13 justice strategy under this subsection, and an14 nually thereafter, a Federal agency that partici15 pates in the White House interagency council 

16 shall submit to the White House interagency 

17 council a report describing the progress of the 

18 Federal agency in implementing the environ19 mental justice strategy of the Federal agency. 

20 (B) PERIODIC REPORTS.—In addition to 

21 the annual reports described in subparagraph 

22 (A), upon receipt of a request from the White 

23 House interagency council, a Federal agency 

24 shall submit to the White House interagency 

25 council a report that contains such information 


pbinns on DSKJLVW7X2PROD with $$_JOB
45 

•S 919 IS

1 as the White House interagency council may re2 quire. 

3 (4) REVISION OF AGENCYWIDE ENVIRON4 MENTAL JUSTICE STRATEGY.—Not later than 5 

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

6 Federal agency that participates in the White House 

7 interagency council shall— 

8 (A) evaluate and revise the environmental 

9 justice strategy of the Federal agency; and 

10 (B) submit to the White House inter11 agency council a copy of the revised version of 

12 the environmental justice strategy of the Fed13 eral agency. 

14 (5) PETITION.— 

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

16 agency may submit to the President a petition 

17 for an exemption of any requirement described 

18 in this section with respect to any program or 

19 activity of the Federal agency if the head of the 

20 Federal agency determines that complying with 

21 such requirement would compromise the agen22 cy’s ability to carry out its core missions. 

23 (B) AVAILABILITY TO PUBLIC.—Each peti24 tion submitted by a Federal agency to the 

25 President under subparagraph (A) shall be 


pbinns on DSKJLVW7X2PROD with $$_JOB
46 

•S 919 IS

1 made available to the public (including through 

2 a description of the petition on the website of 

3 the Federal agency). 

4 (C) CONSIDERATION.—In determining 

5 whether to grant a petition for an exemption 

6 submitted by a Federal agency to the President 

7 under subparagraph (A), the President shall 

8 make a decision that reflects both the merits of 

9 the specific case and the broader national inter10 est in breaking cycles of environmental injus11 tice, and shall consider whether the granting of 

12 the petition would likely— 

13 (i) result in disproportionately adverse 

14 human health or environmental effects on 

15 communities of color, low-income commu16 nities, and Tribal and Indigenous commu17 nities; or 

18 (ii) exacerbate, or fail to ameliorate, 

19 any disproportionately adverse human 

20 health or environmental effect on any com21 munity of color, low-income community, or 

22 Tribal and Indigenous community. 

23 (D) APPEAL.— 

24 (i) IN GENERAL.—Not later than 90 

25 days after the date on which the President 


pbinns on DSKJLVW7X2PROD with $$_JOB
47 

•S 919 IS

1 approves a petition under this paragraph, 

2 an individual may appeal the decision of 

3 the President to approve the petition. 

4 (ii) WRITTEN APPEAL.— 

5 (I) IN GENERAL.—To appeal a 

6 decision of the President under clause 

7 (i), an individual shall submit a writ8 ten appeal to— 

9 (aa) the Council on Environ10 mental Quality; 

11 (bb) the Deputy Assistant to 

12 the President for Environmental 

13 Policy; or 

14 (cc) the Assistant to the 

15 President for Domestic Policy. 

16 (II) CONTENTS.—A written ap17 peal shall contain a description of 

18 each reason why the exemption that is 

19 the subject of the petition is unneces20 sary. 

21 (iii) REQUIREMENT OF PRESIDENT.— 

22 Not later than 90 days after the date on 

23 which an agency or officer described in 

24 clause (ii)(I) receives a written appeal sub25 mitted by an individual under that clause, 


pbinns on DSKJLVW7X2PROD with $$_JOB
48 

•S 919 IS

1 the President shall provide to the indi2 vidual a written notification describing the 

3 decision of the President with respect to 

4 the appeal. 

5 (c) HUMAN HEALTH AND ENVIRONMENTAL RE6 SEARCH, DATA COLLECTION, AND ANALYSIS.— 

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

8 maximum extent practicable and permitted by appli9 cable law, shall— 

10 (A) in conducting environmental, public ac11 cess, or human health research, include diverse 

12 segments of the population in epidemiological 

13 and clinical studies, including segments at high 

14 risk from environmental hazards, such as com15 munities of color, low-income communities, and 

16 Tribal and Indigenous communities; 

17 (B) in conducting environmental or human 

18 health analyses, identify multiple and cumu19 lative exposures, including potentially exacer20 bated risks due to current and future climate 

21 impacts; and 

22 (C) actively encourage and solicit commu23 nity-based science, and provide to communities 

24 of color, low-income communities, and Tribal 

25 and Indigenous communities the opportunity to 


pbinns on DSKJLVW7X2PROD with $$_JOB
49 

•S 919 IS

1 comment on and participate in the development 

2 and design of research strategies carried out 

3 pursuant to this Act. 

4 (2) DISPROPORTIONATE IMPACT.—To the max5 imum extent practicable and permitted by applicable 

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

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

8 Federal agency shall— 

9 (A) collect, maintain, and analyze informa10 tion assessing and comparing environmental 

11 and human health risks borne by populations 

12 identified by race, national origin, income, or 

13 other readily available and appropriate informa14 tion; and 

15 (B) use that information to determine 

16 whether the programs, policies, and activities of 

17 the Federal agency have disproportionally ad18 verse human health or environmental effects on 

19 communities of color, low-income communities, 

20 and Tribal and Indigenous communities. 

21 (3) INFORMATION RELATING TO NON-FEDERAL

22 FACILITIES.—In connection with the implementation 

23 of Federal agency environmental justice strategies 

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

25 maximum extent practicable and permitted by appliVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
50 

•S 919 IS

1 cable law, shall collect, maintain, and analyze infor2 mation relating to the race, national origin, and in3 come level, and other readily accessible and appro4 priate information, for communities of color, low-in5 come communities, and Tribal and Indigenous com6 munities in proximity to any facility or site expected 

7 to have a substantial environmental, human health, 

8 or economic effect on the surrounding populations, if 

9 the facility or site becomes the subject of a substan10 tial Federal environmental administrative or judicial 

11 action. 

12 (4) IMPACT FROM FEDERAL FACILITIES.—Each 

13 Federal agency, to the maximum extent practicable 

14 and permitted by applicable law, shall collect, main15 tain, and analyze information relating to the race, 

16 national origin, and income level, and other readily 

17 accessible and appropriate information, for commu18 nities of color, low-income communities, and Tribal 

19 and Indigenous communities in proximity to any fa20 cility of the Federal agency that is— 

21 (A) subject to the reporting requirements 

22 under the Emergency Planning and Community 

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

24 et seq.), as required by Executive Order 12898 

25 (42 U.S.C. 4321 note; relating to Federal acVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
51 

•S 919 IS

1 tions to address environmental justice in minor2 ity populations and low-income populations); 

3 and 

4 (B) expected to have a substantial environ5 mental, human health, or economic effect on 

6 surrounding populations. 

7 (d) CONSUMPTION OF FISH AND WILDLIFE.— 

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

9 develop, publish (unless prohibited by law), and re10 vise, as practicable and appropriate, guidance on ac11 tions of the Federal agency that will impact fish and 

12 wildlife consumed by populations that principally 

13 rely on fish or wildlife for subsistence. 

14 (2) REQUIREMENT.—The guidance described in 

15 paragraph (1) shall— 

16 (A) reflect the latest scientific information 

17 available concerning methods for evaluating the 

18 human health risks associated with the con19 sumption of pollutant-bearing fish or wildlife; 

20 and 

21 (B) publish the risks of such consumption 

22 patterns. 

23 (e) MAPPING AND SCREENING TOOL.—The Adminis24 trator shall make available to the public an environmental 

25 justice mapping and screening tool (such as EJScreen or 


pbinns on DSKJLVW7X2PROD with $$_JOB
52 

•S 919 IS

1 an equivalent tool) that includes, at a minimum, the fol2 lowing features: 

3 (1) Nationally consistent data. 

4 (2) Environmental data. 

5 (3) Demographic data, including data relating 

6 to race, ethnicity, and income. 

7 (4) Capacity to produce maps and reports by 

8 geographical area. 

9 (5) Data on national parks and other federally 

10 protected natural, historic, and cultural sites. 

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

12 Any person may commence a civil action— 

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

14 action under this section (including regulations pro15 mulgated pursuant to this section); or 

16 (2) otherwise to ensure compliance with this 

17 section (including regulations promulgated pursuant 

18 to this section). 

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

20 section, each Federal agency, to the maximum extent 

21 practicable and permitted by applicable law, shall share 

22 information and eliminate unnecessary duplication of ef23 forts through the use of existing data systems and cooper24 ative agreements among Federal agencies and with State 

25 governments, local governments, and Indian Tribes. 


pbinns on DSKJLVW7X2PROD with $$_JOB
53 

•S 919 IS

1 (h) CODIFICATION OF GUIDANCE.— 

2 (1) COUNCIL ON ENVIRONMENTAL QUALITY.— 

3 Sections II and III of the guidance issued by the 

4 Council on Environmental Quality entitled ‘‘Environ5 mental Justice Guidance Under the National Envi6 ronmental Policy Act’’ and dated December 10, 

7 1997, are enacted into law. 

8 (2) ENVIRONMENTAL PROTECTION AGENCY.— 

9 The guidance issued by the Environmental Protec10 tion Agency entitled ‘‘EPA Policy on Consultation 

11 and Coordination with Indian Tribes: Guidance for 

12 Discussing Tribal Treaty Rights’’ and dated Feb13 ruary 2016 is enacted into law. 

14 SEC. 10. OMBUDS. 

15 (a) ESTABLISHMENT.—The Administrator shall es16 tablish within the Environmental Protection Agency a po17 sition of Environmental Justice Ombuds. 

18 (b) REPORTING.—The Environmental Justice 

19 Ombuds— 

20 (1) shall report directly to the Administrator; 

21 and 

22 (2) shall not be required to report to the Office 

23 of Environmental Justice of the Environmental Pro24 tection Agency. 


pbinns on DSKJLVW7X2PROD with $$_JOB
54 

•S 919 IS

1 (c) FUNCTIONS.—The Environmental Justice 

2 Ombuds shall— 

3 (1) in coordination with the Inspector General 

4 of the Environmental Protection Agency, establish 

5 an independent, neutral, accessible, confidential, and 

6 standardized process— 

7 (A) to receive, review, and process com8 plaints and allegations with respect to environ9 mental justice programs and activities of the 

10 Environmental Protection Agency; and 

11 (B) to assist individuals in resolving com12 plaints and allegations described in subpara13 graph (A), including training on restorative jus14 tice and conflict resolution; 

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

16 make recommendations to the Administrator to ad17 dress recurring and chronic complaints regarding 

18 specific environmental justice programs and activi19 ties of the Environmental Protection Agency identi20 fied by the Ombuds pursuant to paragraph (1); 

21 (3) review the Environmental Protection Agen22 cy’s compliance with policies and standards of the 

23 Environmental Protection Agency with respect to its 

24 environmental justice programs and activities; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
55 

•S 919 IS

1 (4) produce an annual report that details the 

2 findings of the regional staff, feedback received from 

3 environmental justice communities, and rec4 ommendations to increase cooperation between the 

5 Environmental Protection Agency and environmental 

6 justice communities. 

7 (d) AVAILABILITY OF REPORT.—The Administrator 

8 shall make each report produced pursuant to subsection 

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

10 the report on the website of the Environmental Protection 

11 Agency). 

12 (e) REGIONAL STAFF.— 

13 (1) AUTHORITY OF ENVIRONMENTAL JUSTICE

14 OMBUDS.—The Administrator shall allow the Envi15 ronmental Justice Ombuds to hire such staff as the 

16 Environmental Justice Ombuds determines to be 

17 necessary to carry out at each regional office of the 

18 Environmental Protection Agency the functions of 

19 the Environmental Justice Ombuds described in sub20 section (c). 

21 (2) PURPOSES.—Staff hired pursuant to para22 graph (1) shall— 

23 (A) foster cooperation between the Envi24 ronmental Protection Agency and environ25 mental justice communities; 


pbinns on DSKJLVW7X2PROD with $$_JOB
56 

•S 919 IS

1 (B) consult with environmental justice 

2 communities on the development of policies and 

3 programs of the Environmental Protection 

4 Agency; 

5 (C) receive feedback from environmental 

6 justice communities on the performance of the 

7 Environmental Protection Agency; and 

8 (D) compile and submit to the Environ9 mental Justice Ombuds such information as 

10 may be necessary for the Ombuds to produce 

11 the annual report described in subsection (c). 

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

13 hired by the Environmental Justice Ombuds under 

14 paragraph (1) shall be hired as a full-time employee 

15 of the Environmental Protection Agency. 

16 SEC. 11. ACCESS TO PARKS, OUTDOOR SPACES, AND PUB17 LIC RECREATION OPPORTUNITIES. 

18 (a) DEFINITIONS.—In this section: 

19 (1) ELIGIBLE ENTITY.— 

20 (A) IN GENERAL.—The term ‘‘eligible enti21 ty’’ means an entity described in subparagraph 

22 (B) that represents or otherwise serves a quali23 fying urban area. 

24 (B) ENTITY DESCRIBED.—An entity re25 ferred to in subparagraph (A) is— 


pbinns on DSKJLVW7X2PROD with $$_JOB
57 

•S 919 IS

1 (i) a State; 

2 (ii) a political subdivision of a State, 

3 including— 

4 (I) a city; 

5 (II) a county; and 

6 (III) a special purpose district 

7 that manages open space, including a 

8 park district; 

9 (iii) an Indian Tribe; 

10 (iv) an urban Indian organization; 

11 (v) an Alaska Native community; 

12 (vi) an Alaska Native organization; 

13 (vii) a Native Hawaiian community; 

14 or 

15 (viii) a Native Hawaiian organization. 

16 (2) ELIGIBLE NONPROFIT ORGANIZATION.—The 

17 term ‘‘eligible nonprofit organization’’ means an or18 ganization described in section 501(c)(3) of the In19 ternal Revenue Code of 1986 and exempt from tax20 ation under section 501(a) of that Code. 

21 (3) OUTDOOR RECREATION LEGACY PARTNER22 SHIP PROGRAM.—The term ‘‘Outdoor Recreation 

23 Legacy Partnership Program’’ means the program 

24 established under subsection (b)(1). 


pbinns on DSKJLVW7X2PROD with $$_JOB
58 

•S 919 IS

1 (4) QUALIFYING URBAN AREA.—The term 

2 ‘‘qualifying urban area’’ means— 

3 (A) an urbanized area or urban cluster 

4 that has a population of 25,000 or more in the 

5 most recent census; 

6 (B) 2 or more adjacent urban clusters with 

7 a combined population of 25,000 or more in the 

8 most recent census; and 

9 (C) an area administered by an entity de10 scribed in any of clauses (iii), (v), (vi), (vii), or 

11 (viii) of paragraph (1)(B). 

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

13 the Secretary of the Interior. 

14 (6) STATE.—The term ‘‘State’’ means each of 

15 the several States, the District of Columbia, and 

16 each territory of the United States. 

17 (b) GRANTS AUTHORIZED.— 

18 (1) ESTABLISHMENT OF PROGRAM.—The Sec19 retary shall establish an outdoor recreation legacy 

20 partnership program under which the Secretary may 

21 award grants to eligible entities for projects— 

22 (A) to acquire land and water for parks 

23 and other outdoor recreation purposes in quali24 fying urban areas; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
59 

•S 919 IS

1 (B) to develop new or renovate existing 

2 outdoor recreation facilities that provide out3 door recreation opportunities to the public in 

4 qualifying urban areas. 

5 (2) CONSIDERATIONS AND PRIORITY.— 

6 (A) CONSIDERATIONS.—In awarding 

7 grants to eligible entities under paragraph (1), 

8 the Secretary shall consider the extent to which 

9 a project would— 

10 (i) provide recreation opportunities in 

11 underserved communities in which access 

12 to parks is not adequate to meet local 

13 needs; 

14 (ii) provide opportunities for outdoor 

15 recreation and public land volunteerism; 

16 (iii) support innovative or cost-effec17 tive ways to enhance— 

18 (I) parks; and 

19 (II)(aa) other recreation opportu20 nities; or 

21 (bb) the delivery of services relat22 ing to outdoor recreation; 

23 (iv) support park and recreation pro24 gramming provided by cities, including coVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
60 

•S 919 IS

1 operative agreements with community2 based eligible nonprofit organizations; 

3 (v) develop Native American event 

4 sites and cultural gathering spaces; 

5 (vi) expand access to parks and rec6 reational opportunities for individuals of 

7 all abilities; and 

8 (vii) provide benefits such as commu9 nity resilience, reduction of urban heat is10 lands, enhanced water or air quality, or 

11 habitat for fish or wildlife. 

12 (B) PRIORITY.—In awarding grants to eli13 gible entities under paragraph (1), the Sec14 retary shall give priority to projects that— 

15 (i) create or significantly enhance ac16 cess to park and recreational opportunities 

17 in an urban neighborhood or community; 

18 (ii) engage and empower underserved 

19 communities and youth; 

20 (iii) provide employment or job train21 ing opportunities for youth or underserved 

22 communities; 

23 (iv) establish or expand public-private 

24 partnerships, with a focus on leveraging re25 sources; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
61 

•S 919 IS

1 (v) take advantage of coordination 

2 among various levels of government. 

3 (3) MATCHING REQUIREMENT.— 

4 (A) IN GENERAL.—Subject to subpara5 graph (B), as a condition of receiving a grant 

6 under paragraph (1), an eligible entity shall 

7 provide matching funds in the form of cash or 

8 an in-kind contribution in an amount equal to 

9 not less than 100 percent of the amounts made 

10 available under the grant. 

11 (B) WAIVER.—The Secretary may waive 

12 all or part of the matching requirement under 

13 subparagraph (A) if the Secretary determines 

14 that— 

15 (i) no reasonable means are available 

16 through which the eligible entity can meet 

17 the matching requirement; and 

18 (ii) the probable benefit of the project 

19 outweighs the public interest in the match20 ing requirement. 

21 (C) ADMINISTRATIVE EXPENSES.—Not 

22 more than 10 percent of funds provided to an 

23 eligible entity under a grant awarded under 

24 paragraph (1) may be used for administrative 

25 expenses. 


pbinns on DSKJLVW7X2PROD with $$_JOB
62 

•S 919 IS

1 (4) ELIGIBLE USES.— 

2 (A) IN GENERAL.—Subject to subpara3 graph (B), a grant recipient may use a grant 

4 awarded under paragraph (1) for a project de5 scribed in subparagraph (A) or (B) of that 

6 paragraph. 

7 (B) LIMITATIONS ON USE.—A grant recipi8 ent may not use grant funds for— 

9 (i) incidental costs related to land ac10 quisition, including appraisal and titling; 

11 (ii) operation and maintenance activi12 ties; 

13 (iii) facilities that support 

14 semiprofessional or professional athletics; 

15 (iv) indoor facilities, such as recre16 ation centers or facilities that support pri17 marily non-outdoor purposes; or 

18 (v) acquisition of land or interests in 

19 land that restrict access to specific per20 sons. 

21 (c) REVIEW AND EVALUATION REQUIREMENTS.—In 

22 carrying out the Outdoor Recreation Legacy Partnership 

23 Program, the Secretary shall— 

24 (1) conduct an initial screening and technical 

25 review of applications received; 


pbinns on DSKJLVW7X2PROD with $$_JOB
63 

•S 919 IS

1 (2) evaluate and score all qualifying applica2 tions; and 

3 (3) provide culturally and linguistically appro4 priate information to eligible entities (including eligi5 ble entities that are low-income communities or that 

6 serve low-income communities) on— 

7 (A) the opportunity to apply for grants 

8 under the Outdoor Recreation Legacy Partner9 ship Program; 

10 (B) the application procedures by which el11 igible entities may apply for grants under the 

12 Outdoor Recreation Legacy Partnership Pro13 gram; and 

14 (C) eligible uses for grants under the Out15 door Recreation Legacy Partnership Program. 

16 (d) REPORTING.— 

17 (1) ANNUAL REPORTS.— 

18 (A) IN GENERAL.—Each eligible entity 

19 that receives a grant under the Outdoor Recre20 ation Legacy Partnership Program shall annu21 ally submit to the Secretary performance and 

22 financial reports that— 

23 (i) summarize project activities con24 ducted during the year covered by the re25 port; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
64 

•S 919 IS

1 (ii) provide the status of the project. 

2 (B) TIMING.—Each report under subpara3 graph (A) shall be submitted not later than 30 

4 days after the last day of the applicable year 

5 covered by the report. 

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

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

8 period or the completion of a project, each eligible 

9 entity that receives a grant under the Outdoor 

10 Recreation Legacy Partnership Program shall sub11 mit to the Secretary a final report containing such 

12 information as the Secretary may require. 

13 SEC. 12. TRANSIT TO TRAILS GRANT PROGRAM. 

14 (a) DEFINITIONS.—In this section: 

15 (1) CRITICALLY UNDERSERVED COMMUNITY.— 

16 The term ‘‘critically underserved community’’ 

17 means— 

18 (A) a community that can demonstrate to 

19 the Secretary that the community has inad20 equate, insufficient, or no park space or recre21 ation facilities, including by demonstrating— 

22 (i) quality concerns relating to the 

23 available park space or recreation facilities; 


pbinns on DSKJLVW7X2PROD with $$_JOB
65 

•S 919 IS

1 (ii) the presence of recreational facili2 ties that do not serve the needs of the com3 munity; or 

4 (iii) the inequitable distribution of 

5 park space for high-need populations, 

6 based on income, age, or other measures of 

7 vulnerability and need; 

8 (B) a community in which at least 50 percent of the population is not located within 1 9 ⁄2

10 mile of park space; 

11 (C) a community that is designated as a 

12 qualified opportunity zone under section 

13 1400Z–1 of the Internal Revenue Code of 1986; 

14 or 

15 (D) any other community that the Sec16 retary determines to be appropriate. 

17 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti18 ty’’ means— 

19 (A) a State; 

20 (B) a political subdivision of a State (in21 cluding a city or a county) that represents or 

22 otherwise serves an urban area or a rural area; 

23 (C) a special purpose district (including a 

24 park district); 


pbinns on DSKJLVW7X2PROD with $$_JOB
66 

•S 919 IS

1 (D) an Indian Tribe that represents or 

2 otherwise serves an urban area or a rural area; 

3 or 

4 (E) a metropolitan planning organization 

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

6 States Code). 

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

8 the Transit to Trails Grant Program established 

9 under subsection (b)(1). 

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

11 means a community that is not an urban area. 

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

13 the Secretary of Transportation. 

14 (6) TRANSPORTATION CONNECTOR.— 

15 (A) IN GENERAL.—The term ‘‘transpor16 tation connector’’ means a system that— 

17 (i) connects 2 ZIP Codes or commu18 nities within a 175-mile radius of a des19 ignated service area; and 

20 (ii) offers rides available to the public. 

21 (B) INCLUSIONS.—The term ‘‘transpor22 tation connector’’ includes microtransits, bus 

23 lines, bus rails, light rail, rapid transits, or per24 sonal rapid transits. 


pbinns on DSKJLVW7X2PROD with $$_JOB
67 

•S 919 IS

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

2 means a community that— 

3 (A) is densely developed; 

4 (B) has residential, commercial, and other 

5 nonresidential areas; and 

6 (C)(i) is an urbanized area with a popu7 lation of 50,000 or more; or 

8 (ii) is an urban cluster with a population 

9 of— 

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

11 (II) not more than 50,000. 

12 (b) GRANT PROGRAM.— 

13 (1) ESTABLISHMENT.—The Secretary shall es14 tablish a grant program, to be known as the ‘‘Tran15 sit to Trails Grant Program’’, under which the Sec16 retary shall award grants to eligible entities for— 

17 (A) projects that develop transportation 

18 connectors or routes in or serving, and related 

19 education materials for, critically underserved 

20 communities to increase access and mobility to 

21 Federal or non-Federal public land, waters, 

22 parkland, or monuments; or 

23 (B) projects that facilitate transportation 

24 improvements to enhance access to Federal or 


pbinns on DSKJLVW7X2PROD with $$_JOB
68 

•S 919 IS

1 non-Federal public land and recreational oppor2 tunities in critically underserved communities. 

3 (2) ADMINISTRATION.— 

4 (A) IN GENERAL.—The Secretary shall ad5 minister the program to assist eligible entities 

6 in the development of transportation connectors 

7 or routes in or serving, and related education 

8 materials for, critically underserved commu9 nities and Federal or non-Federal public land, 

10 waters, parkland, and monuments. 

11 (B) JOINT PARTNERSHIPS.—The Secretary 

12 shall encourage joint partnership projects under 

13 the program, if available, among multiple agen14 cies, including school districts, nonprofit organi15 zations, metropolitan planning organizations, 

16 regional transportation authorities, transit 

17 agencies, and State and local governmental 

18 agencies (including park and recreation agen19 cies and authorities) to enhance investment of 

20 public sources. 

21 (C) ANNUAL GRANT PROJECT PROPOSAL

22 SOLICITATION, REVIEW, AND APPROVAL.— 

23 (i) IN GENERAL.—The Secretary 

24 shall— 


pbinns on DSKJLVW7X2PROD with $$_JOB
69 

•S 919 IS

1 (I) annually solicit the submis2 sion of project proposals for grants 

3 from eligible entities under the pro4 gram; and 

5 (II) review each project proposal 

6 submitted under subclause (I) on a 

7 timeline established by the Secretary. 

8 (ii) REQUIRED ELEMENTS FOR

9 PROJECT PROPOSAL.—A project proposal 

10 submitted under clause (i)(I) shall in11 clude— 

12 (I) a statement of the purposes 

13 of the project; 

14 (II) the name of the entity or in15 dividual with overall responsibility for 

16 the project; 

17 (III) a description of the quali18 fications of the entity or individuals 

19 identified under subclause (II); 

20 (IV) a description of— 

21 (aa) staffing and stake22 holder engagement for the 

23 project; 

24 (bb) the logistics of the 

25 project; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
70 

•S 919 IS

1 (cc) anticipated outcomes of 

2 the project; 

3 (V) a proposed budget for the 

4 funds and time required to complete 

5 the project; 

6 (VI) information regarding the 

7 source and amount of matching fund8 ing available for the project; 

9 (VII) information that dem10 onstrates the clear potential of the 

11 project to contribute to increased ac12 cess to parkland for critically under13 served communities; and 

14 (VIII) any other information that 

15 the Secretary considers to be nec16 essary for evaluating the eligibility of 

17 the project for funding under the pro18 gram. 

19 (iii) CONSULTATION; APPROVAL OR

20 DISAPPROVAL.—The Secretary shall, with 

21 respect to each project proposal submitted 

22 under this subparagraph, as appropriate— 

23 (I) consult with the government 

24 of each State in which the proposed 

25 project is to be conducted; 


pbinns on DSKJLVW7X2PROD with $$_JOB
71 

•S 919 IS

1 (II) after taking into consider2 ation any comments resulting from 

3 the consultation under subclause (I), 

4 approve or disapprove the proposal; 

5 and 

6 (III) provide written notification 

7 of the approval or disapproval to— 

8 (aa) the individual or entity 

9 that submitted the proposal; and 

10 (bb) each State consulted 

11 under subclause (I). 

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

13 in determining whether to approve project pro14 posals under the program, the Secretary shall 

15 prioritize projects that are designed to increase 

16 access and mobility to local or neighborhood 

17 Federal or non-Federal public land, waters, 

18 parkland, monuments, or recreational opportu19 nities. 

20 (3) TRANSPORTATION PLANNING PROCE21 DURES.— 

22 (A) PROCEDURES.—In consultation with 

23 the head of each appropriate Federal land man24 agement agency, the Secretary shall develop, by 

25 rule, transportation planning procedures for 


pbinns on DSKJLVW7X2PROD with $$_JOB
72 

•S 919 IS

1 projects conducted under the program that are 

2 consistent with metropolitan and statewide 

3 planning processes. 

4 (B) REQUIREMENTS.—All projects carried 

5 out under the program shall be developed in co6 operation with States and metropolitan plan7 ning organizations. 

8 (4) NON-FEDERAL CONTRIBUTIONS.— 

9 (A) IN GENERAL.—As a condition of re10 ceiving a grant under the program, an eligible 

11 entity shall provide funds in the form of cash 

12 or an in-kind contribution in an amount equal 

13 to not less than 100 percent of the amount of 

14 the grant. 

15 (B) SOURCES.—The non-Federal contribu16 tion required under subparagraph (A) may in17 clude amounts made available from State, local, 

18 nongovernmental, or private sources. 

19 (5) ELIGIBLE USES.—Grant funds provided 

20 under the program may be used— 

21 (A) to develop transportation connectors or 

22 routes in or serving, and related education ma23 terials for, critically underserved communities 

24 to increase access and mobility to Federal and 


pbinns on DSKJLVW7X2PROD with $$_JOB
73 

•S 919 IS

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

2 monuments; and 

3 (B) to create or significantly enhance ac4 cess to Federal or non-Federal public land and 

5 recreational opportunities in an urban area or 

6 a rural area. 

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

8 the program shall be— 

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

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

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

12 of Congress that grants provided under the program 

13 deliver project funds to areas of greatest need while 

14 offering technical assistance to all applicants and po15 tential applicants for grant preparation to encourage 

16 full participation in the program. 

17 (8) PUBLIC INFORMATION.—The Secretary 

18 shall ensure that current schedules and routes for 

19 transportation systems developed after the receipt of 

20 a grant under the program are available to the pub21 lic, including on a website maintained by the recipi22 ent of a grant. 

23 (c) REPORTING REQUIREMENT.— 

24 (1) REPORTS BY GRANT RECIPIENTS.—The 

25 Secretary shall require a recipient of a grant under 


pbinns on DSKJLVW7X2PROD with $$_JOB
74 

•S 919 IS

1 the program to submit to the Secretary at least 1 

2 performance and financial report that— 

3 (A) includes— 

4 (i) demographic data on communities 

5 served by the project; and 

6 (ii) a summary of project activities 

7 conducted after receiving the grant; and 

8 (B) describes the status of each project 

9 funded by the grant as of the date of the re10 port. 

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

12 report required under paragraph (1), the Secretary 

13 may require additional reports from a recipient, as 

14 the Secretary determines to be appropriate, includ15 ing a final report. 

16 (3) DEADLINES.—The Secretary shall establish 

17 deadlines for the submission of each report required 

18 under paragraph (1) or (2). 

19 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

20 authorized to be appropriated to carry out this section 

21 $10,000,000 for each fiscal year. 

22 SEC. 13. REPEAL OF SUNSET FOR THE EVERY KID OUT23 DOORS PROGRAM. 

24 Section 9001(b) of the John D. Dingell, Jr. Con25 servation, Management, and Recreation Act (16 U.S.C. 


pbinns on DSKJLVW7X2PROD with $$_JOB
75 

•S 919 IS

1 6804 note; Public Law 116–9) is amended by striking 

2 paragraph (5). 

3 SEC. 14. PROTECTIONS FOR ENVIRONMENTAL JUSTICE 

4 COMMUNITIES AGAINST HARMFUL FEDERAL 

5 ACTIONS. 

6 (a) PURPOSE.—The purpose of this section is to es7 tablish additional protections relating to Federal actions 

8 affecting environmental justice communities in recognition 

9 of the disproportionate burden of adverse human health 

10 or environmental effects faced by such communities. 

11 (b) DEFINITIONS.—In this section: 

12 (1) ENVIRONMENTAL IMPACT STATEMENT.— 

13 The term ‘‘environmental impact statement’’ means 

14 the detailed statement of environmental impacts of 

15 a proposed action required to be prepared pursuant 

16 to the National Environmental Policy Act of 1969 

17 (42 U.S.C. 4321 et seq.). 

18 (2) FEDERAL ACTION.—The term ‘‘Federal ac19 tion’’ means a proposed action that requires the 

20 preparation of an environmental impact statement, 

21 environmental assessment, categorical exclusion, or 

22 other document under the National Environmental 

23 Policy Act of 1969 (42 U.S.C. 4321 et seq.). 

24 (c) PREPARATION OF A COMMUNITY IMPACT RE25 PORT.—A Federal agency proposing to take a Federal acVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
76 

•S 919 IS

1 tion that has the potential to cause negative environmental 

2 or public health impacts on an environmental justice com3 munity shall prepare a community impact report assessing 

4 the potential impacts of the proposed action. 

5 (d) CONTENTS.—A community impact report de6 scribed in subsection (c) shall— 

7 (1) assess the degree to which a proposed Fed8 eral action affecting an environmental justice com9 munity will cause multiple or cumulative exposure to 

10 human health and environmental hazards that influ11 ence, exacerbate, or contribute to adverse health out12 comes; 

13 (2) assess relevant public health data and in14 dustry data concerning the potential for multiple or 

15 cumulative exposure to human health or environ16 mental hazards in the area of the environmental jus17 tice community and historical patterns of exposure 

18 to environmental hazards and Federal agencies shall 

19 assess these multiple, or cumulative effects, even if 

20 certain effects are not within the control or subject 

21 to the discretion of the Federal agency proposing the 

22 Federal action; 

23 (3) assess the impact of such proposed Federal 

24 action on such environmental justice community’s 


pbinns on DSKJLVW7X2PROD with $$_JOB
77 

•S 919 IS

1 ability to access public parks, outdoor spaces, and 

2 public recreation opportunities; 

3 (4) evaluate alternatives to or mitigation meas4 ures for the proposed Federal action that will— 

5 (A) eliminate or reduce any identified ex6 posure to human health and environmental haz7 ards described in paragraph (1) to a level that 

8 is reasonably expected to avoid human health 

9 impacts in environmental justice communities; 

10 and 

11 (B) not negatively impact an environ12 mental justice community’s ability to access 

13 public parks, outdoor spaces, and public recre14 ation opportunities; 

15 (5) analyze any alternative developed by mem16 bers of an affected environmental justice community 

17 that meets the purpose and need of the proposed ac18 tion; 

19 (6) assess the impact on access to reliable en20 ergy sources and on electricity prices for low-income 

21 communities, minority communities, Native Ameri22 cans, and senior citizens; 

23 (7) assess the impact of the Federal action on 

24 drought, domestic food availability, and domestic 

25 food prices; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
78 

•S 919 IS

1 (8) assess the impact on timely meeting net2 zero goals as outlined in Executive Order 14057 (86 

3 Fed. Reg. 70935; relating to catalyzing clean energy 

4 industries and jobs through Federal sustainability). 

5 (e) DELEGATION.—Federal agencies shall not dele6 gate responsibility for the preparation of a community im7 pact report described in subsection (c) to any other entity. 

8 (f) NATIONAL ENVIRONMENTAL POLICY ACT RE9 QUIREMENTS FOR ENVIRONMENTAL JUSTICE COMMU10 NITIES.—When carrying out the requirements of the Na11 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

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

13 environmental justice community, a Federal agency 

14 shall— 

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

16 cumulative impacts caused by the action, alter17 natives to such action, and mitigation measures on 

18 the environmental justice community required by 

19 that Act; 

20 (2) require any public comment period carried 

21 out during the scoping phase of the environmental 

22 review process to be not less than 90 days; 

23 (3) provide early and meaningful community in24 volvement opportunities by— 


pbinns on DSKJLVW7X2PROD with $$_JOB
79 

•S 919 IS

1 (A) holding multiple hearings in such com2 munity regarding the proposed Federal action 

3 in each prominent language within the environ4 mental justice community; and 

5 (B) providing notice of any step or action 

6 in the process under that Act that involves pub7 lic participation to any representative entities or 

8 organizations present in the environmental jus9 tice community, including— 

10 (i) local religious organizations; 

11 (ii) civic associations and organiza12 tions; 

13 (iii) business associations of people of 

14 color; 

15 (iv) environmental and environmental 

16 justice organizations, including community17 based grassroots organizations led by peo18 ple of color; 

19 (v) homeowners’, tenants’, and neigh20 borhood watch groups; 

21 (vi) local governments and Indian 

22 Tribes; 

23 (vii) rural cooperatives; 

24 (viii) business and trade organiza25 tions; 


pbinns on DSKJLVW7X2PROD with $$_JOB
80 

•S 919 IS

1 (ix) community and social service or2 ganizations; 

3 (x) universities, colleges, and voca4 tional schools; 

5 (xi) labor and other worker organiza6 tions; 

7 (xii) civil rights organizations; 

8 (xiii) senior citizens’ groups; and 

9 (xiv) public health agencies and clin10 ics; and 

11 (4) provide translations of publicly available 

12 documents made available pursuant to that Act in 

13 any language spoken by more than 5 percent of the 

14 population residing within the environmental justice 

15 community. 

16 (g) COMMUNICATION METHODS AND REQUIRE17 MENTS.—Any notice provided under subsection (f)(3)(B) 

18 shall be provided— 

19 (1) through communication methods that are 

20 accessible in the environmental justice community, 

21 which may include electronic media, newspapers, 

22 radio, direct mailings, canvassing, and other out23 reach methods particularly targeted at communities 

24 of color, low-income communities, and Tribal and In25 digenous communities; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
81 

•S 919 IS

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

2 community or the start of any public comment pe3 riod. 

4 (h) REQUIREMENTS FOR ACTIONS REQUIRING AN

5 ENVIRONMENTAL IMPACT STATEMENT.—For any pro6 posed Federal action affecting an environmental justice 

7 community requiring the preparation of an environmental 

8 impact statement, the Federal agency shall provide the fol9 lowing information when giving notice of the proposed ac10 tion: 

11 (1) A description of the proposed action. 

12 (2) An outline of the anticipated schedule for 

13 completing the process under the National Environ14 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

15 with a description of key milestones. 

16 (3) An initial list of alternatives and potential 

17 impacts. 

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

19 sources of multiple or cumulative exposure to envi20 ronmental hazards that contribute to higher rates of 

21 serious illnesses within the environmental justice 

22 community. 

23 (5) An agency point of contact. 

24 (6) Timely notice of locations where comments 

25 will be received or public meetings held. 


pbinns on DSKJLVW7X2PROD with $$_JOB
82 

•S 919 IS

1 (7) Any telephone number or locations where 

2 further information can be obtained. 

3 (i) NATIONAL ENVIRONMENTAL POLICY ACT RE4 QUIREMENTS FOR INDIAN TRIBES.—When carrying out 

5 the requirements of the National Environmental Policy 

6 Act of 1969 (42 U.S.C. 4321 et seq.) for a proposed Fed7 eral action that may affect an Indian Tribe, a Federal 

8 agency shall— 

9 (1) seek Tribal representation in the process in 

10 a manner that is consistent with the government-to11 government relationship between the United States 

12 and Indian Tribes, the Federal Government’s trust 

13 responsibility to federally recognized Indian Tribes, 

14 and any treaty rights; 

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

16 hold the status of a cooperating agency throughout 

17 the process under that Act for any proposed action 

18 that could impact an Indian Tribe, including actions 

19 that could impact off reservation lands and sacred 

20 sites; and 

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

22 a cooperating agency in accordance with paragraph 

23 (2) not later than the date on which the scoping 

24 process for a proposed action requiring the preparaVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
83 

•S 919 IS

1 tion of an environmental impact statement com2 mences. 

3 (j) AGENCY DETERMINATIONS.—Federal agency de4 terminations about the analysis of a community impact 

5 report described in subsection (c) shall be subject to judi6 cial review to the same extent as any other analysis per7 formed under the National Environmental Policy Act of 

8 1969 (42 U.S.C. 4321 et seq.). 

9 (k) EFFECTIVE DATE.—This section shall take effect 

10 1 year after the date of enactment of this Act. 

11 (l) SAVINGS CLAUSE.—Nothing in this section dimin12 ishes— 

13 (1) any right granted through the National En14 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

15 seq.) to the public; or 

16 (2) the requirements under that Act to consider 

17 direct, indirect, and cumulative impacts. 

18 SEC. 15. STRENGTHENING COMMUNITY PROTECTIONS 

19 UNDER THE NATIONAL ENVIRONMENTAL 

20 POLICY ACT OF 1969. 

21 (a) DEFINITIONS.—The National Environmental Pol22 icy Act of 1969 is amended by inserting after section 2 

23 (42 U.S.C. 4321) the following: 

24 ‘‘SEC. 3. DEFINITIONS. 

25 ‘‘In this Act: 


pbinns on DSKJLVW7X2PROD with $$_JOB
84 

•S 919 IS

1 ‘‘(1) EFFECT; IMPACT.—The terms ‘effect’ and 

2 ‘impact’ mean changes to the human environment 

3 from a proposed action or alternatives that are rea4 sonably foreseeable, including the following: 

5 ‘‘(A) Direct effects, which are caused by 

6 the action and occur at the same time and 

7 place. 

8 ‘‘(B) Indirect effects, which are caused by 

9 the action and occur later in time or farther re10 moved in distance, but are still reasonably fore11 seeable, and include growth-inducing effects 

12 and other effects related to induced changes in 

13 the pattern of land use, population density, or 

14 growth rate, and related effects on air and 

15 water and other natural systems, including eco16 systems. 

17 ‘‘(C) Cumulative effects, which are effects 

18 on the environment that result from the incre19 mental effects of the action when added to the 

20 effects of other past, present, and reasonably 

21 foreseeable actions regardless of what agency or 

22 person undertakes those other actions, and can 

23 result from individually minor but collectively 

24 significant actions taking place over a period of 

25 time. 


pbinns on DSKJLVW7X2PROD with $$_JOB
85 

•S 919 IS

1 ‘‘(D) Effects that are ecological (such as 

2 the effects on natural resources and on the 

3 components, structures, and functioning of af4 fected ecosystems), aesthetic, historical, cul5 tural, economic, social, or health effects, wheth6 er direct, indirect, or cumulative, including ef7 fects resulting from actions that may have both 

8 beneficial and detrimental effects, even if on 

9 balance the agency believes that the effects will 

10 be beneficial. 

11 ‘‘(2) LIMITED ENGLISH PROFICIENCY.—The 

12 term ‘limited English proficiency’, with respect to a 

13 household, means that the household does not have 

14 an adult that speaks English very well according to 

15 the United States Census Bureau. 

16 ‘‘(3) LOW-INCOME HOUSEHOLD.—The term 

17 ‘low-income household’ means a household that is at 

18 or below twice the poverty threshold, as that thresh19 old is determined annually by the United States 

20 Census Bureau. 

21 ‘‘(4) OVERBURDENED COMMUNITY.—The term 

22 ‘overburdened community’ means any census block 

23 group, as determined in accordance with the most 

24 recent United States Census, in which— 


pbinns on DSKJLVW7X2PROD with $$_JOB
86 

•S 919 IS

1 ‘‘(A) at least 35 percent of the households 

2 qualify as low-income households; 

3 ‘‘(B) at least 40 percent of the residents 

4 identify as minority or as members of a Tribal 

5 and Indigenous community; or 

6 ‘‘(C) at least 40 percent of the households 

7 have limited English proficiency. 

8 ‘‘(5) TRIBAL AND INDIGENOUS COMMUNITY.— 

9 The term ‘Tribal and Indigenous community’ means 

10 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; or 

15 ‘‘(D) any other community of Indigenous 

16 people located in a State.’’. 

17 (b) DECLARATION OF NATIONAL ENVIRONMENTAL

18 POLICY.—Section 101(a) of the National Environmental 

19 Policy Act of 1969 (42 U.S.C. 4331(a)) is amended— 

20 (1) by striking ‘‘man’s’’ and inserting 

21 ‘‘human’’; and 

22 (2) by striking ‘‘man’’ each place it appears and 

23 inserting ‘‘humankind’’. 


pbinns on DSKJLVW7X2PROD with $$_JOB
87 

•S 919 IS

1 (c) ENVIRONMENTAL ANALYSES REQUIREMENTS.— 

2 Section 102 of the National Environmental Policy Act of 

3 1969 (42 U.S.C. 4332) is amended— 

4 (1) in the matter preceding paragraph (1), by 

5 striking ‘‘The Congress authorizes and directs that, 

6 to the fullest extent possible:’’ and inserting ‘‘Con7 gress authorizes and directs that, notwithstanding 

8 any other provision of law and to the fullest extent 

9 possible:’’; 

10 (2) in paragraph (2)— 

11 (A) in subparagraph (A)— 

12 (i) by striking ‘‘insure’’ and inserting 

13 ‘‘ensure’’; and 

14 (ii) by striking ‘‘man’s’’ and inserting 

15 ‘‘the human’’; 

16 (B) in subparagraph (B), by striking ‘‘in17 sure’’ and inserting ‘‘ensure’’; and 

18 (C) in subparagraph (C)— 

19 (i) by striking clause (iii) and insert20 ing the following: 

21 ‘‘(iii) a reasonable range of alternatives 

22 that— 

23 ‘‘(I) are technically feasible, 

24 ‘‘(II) are economically feasible, and 


pbinns on DSKJLVW7X2PROD with $$_JOB
88 

•S 919 IS

1 ‘‘(III) where applicable, do not cause 

2 or contribute to adverse cumulative effects, 

3 including effects caused by exposure to en4 vironmental pollution, on an overburdened 

5 community that are higher than those 

6 borne by other communities within the 

7 State, county, or other geographic unit of 

8 analysis as determined by the agency pre9 paring or having taken primary responsi10 bility for preparing the environmental doc11 ument pursuant to this Act, except where 

12 the agency determines that an alternative 

13 will serve a compelling public interest in 

14 the affected overburdened community with 

15 conditions to protect public health,’’; and 

16 (ii) in clause (iv), by striking ‘‘man’s’’ 

17 and inserting ‘‘the human’’; 

18 (3) in subparagraph (E), by inserting ‘‘that are 

19 consistent with subparagraph (C)(3)’’ after ‘‘de20 scribe appropriate alternatives’’; and 

21 (4) in subparagraph (F), by striking ‘‘man22 kind’s’’ and inserting ‘‘humankind’s’’. 

23 SEC. 16. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES. 

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

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


pbinns on DSKJLVW7X2PROD with $$_JOB
89 

•S 919 IS

1 Department of Energy, the Environmental Protection 

2 Agency, the Department of the Interior, and the National 

3 Oceanic and Atmospheric Administration shall complete 

4 an environmental justice training program to ensure that 

5 each such employee— 

6 (1) has received training in environmental jus7 tice; and 

8 (2) is capable of— 

9 (A) appropriately incorporating environ10 mental justice concepts into the daily activities 

11 of the employee; and 

12 (B) increasing the meaningful participation 

13 of individuals from environmental justice com14 munities in the activities of the applicable agen15 cy. 

16 (b) MANDATORY PARTICIPATION.—Effective on the 

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

18 Act, each individual hired by the Department of Energy, 

19 the Environmental Protection Agency, the Department of 

20 the Interior, and the National Oceanic and Atmospheric 

21 Administration after that date shall be required to partici22 pate in environmental justice training. 

23 (c) REQUIREMENT RELATING TO CERTAIN EMPLOY24 EES.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
90 

•S 919 IS

1 (1) IN GENERAL.—With respect to each Fed2 eral agency that participates in the Working Group, 

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

4 individual is appointed to the position of environ5 mental justice coordinator, Environmental Justice 

6 Ombuds, or any other position the responsibility of 

7 which involves the conducting of environmental jus8 tice activities, the individual shall be required to pos9 sess documentation of the completion by the indi10 vidual of environmental justice training. 

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

12 paragraph (1) fails to meet the requirement de13 scribed in that paragraph, the Federal agency at 

14 which the individual is employed shall transfer the 

15 individual to a different position until the date on 

16 which the individual completes environmental justice 

17 training. 

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

19 the date of enactment of this Act, the Inspector 

20 General of each Federal agency that participates in 

21 the Working Group shall evaluate the training pro22 grams of such Federal agency to determine if such 

23 Federal agency has improved the rate of training of 

24 the employees of such Federal agency to ensure that 


pbinns on DSKJLVW7X2PROD with $$_JOB
91 

•S 919 IS

1 each employee has received environmental justice 

2 training. 

3 SEC. 17. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 

4 (a) ENVIRONMENTAL JUSTICE COMMUNITY GRANT

5 PROGRAM.— 

6 (1) ESTABLISHMENT.—The Administrator shall 

7 establish a program under which the Administrator 

8 shall provide grants to eligible entities to assist the 

9 eligible entities in— 

10 (A) building capacity to address issues re11 lating to environmental justice; and 

12 (B) carrying out any activity described in 

13 paragraph (4). 

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

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

16 a nonprofit, community-based organization that con17 ducts activities, including providing medical and pre18 ventive health services, to reduce the dispropor19 tionate health impacts of environmental pollution in 

20 the environmental justice community at which the 

21 eligible entity proposes to conduct an activity that is 

22 the subject of the application described in paragraph 

23 (3). 

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

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


pbinns on DSKJLVW7X2PROD with $$_JOB
92 

•S 919 IS

1 submit to the Administrator an application at such 

2 time, in such manner, and containing such informa3 tion as the Administrator may require, including— 

4 (A) an outline describing the means by 

5 which the project proposed by the eligible entity 

6 will— 

7 (i) with respect to environmental and 

8 public health issues at the local level, in9 crease the understanding of the environ10 mental justice community at which the eli11 gible entity will conduct the project; 

12 (ii) improve the ability of the environ13 mental justice community to address each 

14 issue described in clause (i); 

15 (iii) facilitate collaboration and co16 operation among various stakeholders (in17 cluding members of the environmental jus18 tice community); and 

19 (iv) support the ability of the environ20 mental justice community to proactively 

21 plan and implement just sustainable com22 munity development and revitalization ini23 tiatives, including countering displacement 

24 and gentrification; 


pbinns on DSKJLVW7X2PROD with $$_JOB
93 

•S 919 IS

1 (B) a proposed budget for each activity of 

2 the project that is the subject of the applica3 tion; 

4 (C) a list of proposed outcomes with re5 spect to the proposed project; 

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

7 eligible entity may leverage the funds of the eli8 gible entity, or the funds made available 

9 through a grant under this subsection, to de10 velop a project that is capable of being sus11 tained beyond the period of the grant; and 

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

13 eligible entity is linked to, and representative 

14 of, the environmental justice community at 

15 which the eligible entity will conduct the 

16 project. 

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

18 only use a grant under this subsection to carry out 

19 culturally and linguistically appropriate projects and 

20 activities that are driven by the needs, opportunities, 

21 and priorities of the environmental justice commu22 nity at which the eligible entity proposes to conduct 

23 the project or activity to address environmental jus24 tice concerns and improve the health or environment 


pbinns on DSKJLVW7X2PROD with $$_JOB
94 

•S 919 IS

1 of the environmental justice community, including 

2 activities— 

3 (A) to create or develop collaborative part4 nerships; 

5 (B) to educate and provide outreach serv6 ices to the environmental justice community; 

7 (C) to identify and implement projects to 

8 address environmental or public health con9 cerns; or 

10 (D) to develop a comprehensive under11 standing of environmental or public health 

12 issues. 

13 (5) REPORT.— 

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

15 after the date of enactment of this Act, and an16 nually thereafter, the Administrator shall sub17 mit to the Committees on Environment and 

18 Public Works and Energy and Natural Re19 sources of the Senate and the Committees on 

20 Energy and Commerce and Natural Resources 

21 of the House of Representatives a report de22 scribing the ways by which the grant program 

23 under this subsection has helped community24 based nonprofit organizations address issues re25 lating to environmental justice. 


pbinns on DSKJLVW7X2PROD with $$_JOB
95 

•S 919 IS

1 (B) PUBLIC AVAILABILITY.—The Adminis2 trator shall make each report required under 

3 subparagraph (A) available to the public (in4 cluding by posting a copy of the report on the 

5 website of the Environmental Protection Agen6 cy). 

7 (6) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to carry out 

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

10 2024 through 2028. 

11 (b) STATE GRANT PROGRAM.— 

12 (1) ESTABLISHMENT.—The Administrator shall 

13 establish a program under which the Administrator 

14 shall provide grants to States to enable the States— 

15 (A) to establish culturally and linguistically 

16 appropriate protocols, activities, and mecha17 nisms for addressing issues relating to environ18 mental justice; and 

19 (B) to carry out culturally and linguis20 tically appropriate activities to reduce or elimi21 nate disproportionately adverse human health 

22 or environmental effects on environmental jus23 tice communities in the State, including reduc24 ing economic vulnerabilities that result in the 


pbinns on DSKJLVW7X2PROD with $$_JOB
96 

•S 919 IS

1 environmental justice communities being dis2 proportionately affected. 

3 (2) ELIGIBILITY.— 

4 (A) APPLICATION.—To be eligible to re5 ceive a grant under paragraph (1), a State shall 

6 submit to the Administrator an application at 

7 such time, in such manner, and containing such 

8 information as the Administrator may require, 

9 including— 

10 (i) a plan that contains a description 

11 of the means by which the funds provided 

12 through a grant under paragraph (1) will 

13 be used to address issues relating to envi14 ronmental justice at the State level; and 

15 (ii) assurances that the funds pro16 vided through a grant under paragraph (1) 

17 will be used only to supplement the 

18 amount of funds that the State allocates 

19 for initiatives relating to environmental 

20 justice. 

21 (B) ABILITY TO CONTINUE PROGRAM.—To 

22 be eligible to receive a grant under paragraph 

23 (1), a State shall demonstrate to the Adminis24 trator that the State has the ability to continue 

25 each program that is the subject of funds proVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
97 

•S 919 IS

1 vided through a grant under paragraph (1) 

2 after receipt of the funds. 

3 (3) REPORT.— 

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

5 after the date of enactment of this Act, and an6 nually thereafter, the Administrator shall sub7 mit to the Committees on Environment and 

8 Public Works and Energy and Natural Re9 sources of the Senate and the Committees on 

10 Energy and Commerce and Natural Resources 

11 of the House of Representatives a report de12 scribing— 

13 (i) the implementation of the grant 

14 program established under paragraph (1); 

15 (ii) the impact of the grant program 

16 on improving the ability of each partici17 pating State to address environmental jus18 tice issues; and 

19 (iii) the activities carried out by each 

20 State to reduce or eliminate disproportion21 ately adverse human health or environ22 mental effects on environmental justice 

23 communities in the State. 

24 (B) PUBLIC AVAILABILITY.—The Adminis25 trator shall make each report required under 


pbinns on DSKJLVW7X2PROD with $$_JOB
98 

•S 919 IS

1 subparagraph (A) available to the public (in2 cluding by posting a copy of the report on the 

3 website of the Environmental Protection Agen4 cy). 

5 (4) AUTHORIZATION OF APPROPRIATIONS.— 

6 There is authorized to be appropriated to carry out 

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

8 2024 through 2028. 

9 (c) TRIBAL GRANT PROGRAM.— 

10 (1) ESTABLISHMENT.—The Administrator shall 

11 establish a program under which the Administrator 

12 shall provide grants to Indian Tribes— 

13 (A) to establish culturally and linguistically 

14 appropriate protocols, activities, and mecha15 nisms for addressing issues relating to environ16 mental justice; and 

17 (B) to carry out culturally and linguis18 tically appropriate activities to reduce or elimi19 nate disproportionately adverse human health 

20 or environmental effects on environmental jus21 tice communities in Tribal and Indigenous com22 munities, including reducing economic 

23 vulnerabilities that result in the Tribal and In24 digenous communities being disproportionately 

25 affected. 


pbinns on DSKJLVW7X2PROD with $$_JOB
99 

•S 919 IS

1 (2) ELIGIBILITY.— 

2 (A) APPLICATION.—To be eligible to re3 ceive a grant under paragraph (1), an Indian 

4 Tribe shall submit to the Administrator an ap5 plication at such time, in such manner, and 

6 containing such information as the Adminis7 trator may require, including— 

8 (i) a plan that contains a description 

9 of the means by which the funds provided 

10 through a grant under paragraph (1) will 

11 be used to address issues relating to envi12 ronmental justice in Tribal and Indigenous 

13 communities; and 

14 (ii) assurances that the funds pro15 vided through a grant under paragraph (1) 

16 will be used only to supplement the 

17 amount of funds that the Indian Tribe al18 locates for initiatives relating to environ19 mental justice. 

20 (B) ABILITY TO CONTINUE PROGRAM.—To 

21 be eligible to receive a grant under paragraph 

22 (1), an Indian Tribe shall demonstrate to the 

23 Administrator that the Indian Tribe has the 

24 ability to continue each program that is the 


pbinns on DSKJLVW7X2PROD with $$_JOB
100 

•S 919 IS

1 subject of funds provided through a grant 

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

3 (3) REPORT.— 

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

5 after the date of enactment of this Act, and an6 nually thereafter, the Administrator shall sub7 mit to the Committees on Environment and 

8 Public Works and Energy and Natural Re9 sources of the Senate and the Committees on 

10 Energy and Commerce and Natural Resources 

11 of the House of Representatives a report de12 scribing— 

13 (i) the implementation of the grant 

14 program established under paragraph (1); 

15 (ii) the impact of the grant program 

16 on improving the ability of each partici17 pating Indian Tribe to address environ18 mental justice issues; and 

19 (iii) the activities carried out by each 

20 Indian Tribe to reduce or eliminate dis21 proportionately adverse human health or 

22 environmental effects on applicable envi23 ronmental justice communities in Tribal 

24 and Indigenous communities. 


pbinns on DSKJLVW7X2PROD with $$_JOB
101 

•S 919 IS

1 (B) PUBLIC AVAILABILITY.—The Adminis2 trator shall make each report required under 

3 subparagraph (A) available to the public (in4 cluding by posting a copy of the report on the 

5 website of the Environmental Protection Agen6 cy). 

7 (4) AUTHORIZATION OF APPROPRIATIONS.— 

8 There is authorized to be appropriated to carry out 

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

10 2024 through 2028. 

11 (d) COMMUNITY-BASED PARTICIPATORY RESEARCH

12 GRANT PROGRAM.— 

13 (1) ESTABLISHMENT.—The Administrator, in 

14 consultation with the Director, shall establish a pro15 gram under which the Administrator shall provide 

16 not more than 25 multiyear grants to eligible enti17 ties to carry out community-based participatory re18 search— 

19 (A) to address issues relating to environ20 mental justice; 

21 (B) to improve the environment of resi22 dents and workers in environmental justice 

23 communities; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
102 

•S 919 IS

1 (C) to improve the health outcomes of resi2 dents and workers in environmental justice 

3 communities. 

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

5 multiyear grant under paragraph (1), an eligible en6 tity shall be a partnership composed of— 

7 (A) an accredited institution of higher edu8 cation; and 

9 (B) a community-based organization. 

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

11 multiyear grant under paragraph (1), an eligible en12 tity shall submit to the Administrator an application 

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

14 information as the Administrator may require, in15 cluding— 

16 (A) a detailed description of the partner17 ship of the eligible entity that, as determined by 

18 the Administrator, demonstrates the participa19 tion of members of the community at which the 

20 eligible entity proposes to conduct the research; 

21 and 

22 (B) a description of— 

23 (i) the project proposed by the eligible 

24 entity; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
103 

•S 919 IS

1 (ii) the ways by which the project 

2 will— 

3 (I) address issues relating to en4 vironmental justice; 

5 (II) assist in the improvement of 

6 health outcomes of residents and 

7 workers in environmental justice com8 munities; and 

9 (III) assist in the improvement of 

10 the environment of residents and 

11 workers in environmental justice com12 munities. 

13 (4) PUBLIC AVAILABILITY.—The Administrator 

14 shall make the results of the grants provided under 

15 this subsection available to the public, including by 

16 posting on the website of the Environmental Protec17 tion Agency a copy of the grant awards and an an18 nual report at the beginning of each fiscal year de19 scribing the research findings associated with each 

20 grant provided under this subsection. 

21 (5) AUTHORIZATION OF APPROPRIATIONS.— 

22 There is authorized to be appropriated to carry out 

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

24 2024 through 2028. 


pbinns on DSKJLVW7X2PROD with $$_JOB
104 

•S 919 IS

1 SEC. 18. ENVIRONMENTAL JUSTICE BASIC TRAINING PRO2 GRAM. 

3 (a) ESTABLISHMENT.—The Administrator shall es4 tablish a basic training program, in coordination and con5 sultation with nongovernmental environmental justice or6 ganizations, to increase the capacity of residents of envi7 ronmental justice communities to identify and address dis8 proportionately adverse human health or environmental ef9 fects by providing culturally and linguistically appro10 priate— 

11 (1) training and education relating to— 

12 (A) basic and advanced techniques for the 

13 detection, assessment, and evaluation of the ef14 fects of hazardous substances on human health; 

15 (B) methods to assess the risks to human 

16 health presented by hazardous substances; 

17 (C) methods and technologies to detect 

18 hazardous substances in the environment; 

19 (D) basic biological, chemical, and physical 

20 methods to reduce the quantity and toxicity of 

21 hazardous substances; 

22 (E) the rights and safeguards currently af23 forded to individuals through policies and laws 

24 intended to help environmental justice commu25 nities address disparate impacts and discrimi26 nation, including— 


pbinns on DSKJLVW7X2PROD with $$_JOB
105 

•S 919 IS

1 (i) environmental laws; and 

2 (ii) section 602 of the Civil Rights Act 

3 of 1964 (42 U.S.C. 2000d–1); 

4 (F) public engagement opportunities 

5 through the policies and laws described in sub6 paragraph (E); 

7 (G) materials available on the Clearing8 house; 

9 (H) methods to expand access to parks 

10 and other natural and recreational amenities; 

11 and 

12 (I) finding and applying for Federal grants 

13 related to environmental justice; and 

14 (2) short courses and continuation education 

15 programs for residents of communities who are lo16 cated in close proximity to hazardous substances to 

17 provide— 

18 (A) education relating to— 

19 (i) the proper manner to handle haz20 ardous substances; 

21 (ii) the management of facilities at 

22 which hazardous substances are located 

23 (including facility compliance protocols); 

24 and 


pbinns on DSKJLVW7X2PROD with $$_JOB
106 

•S 919 IS

1 (iii) the evaluation of the hazards that 

2 facilities described in clause (ii) pose to 

3 human health; and 

4 (B) training on environmental and occupa5 tional health and safety with respect to the pub6 lic health and engineering aspects of hazardous 

7 waste control. 

8 (b) GRANT PROGRAM.— 

9 (1) ESTABLISHMENT.—In carrying out the 

10 basic training program established under subsection 

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

12 enter into any contract or cooperative agreement 

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

14 educational activity described in subsection (a). 

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

16 assistance under paragraph (1), an eligible entity 

17 shall be an accredited institution of education in 

18 partnership with— 

19 (A) a community-based organization that 

20 carries out activities relating to environmental 

21 justice; 

22 (B) a generator of hazardous waste; 

23 (C) any individual who is involved in the 

24 detection, assessment, evaluation, or treatment 

25 of hazardous waste; 


pbinns on DSKJLVW7X2PROD with $$_JOB
107 

•S 919 IS

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

2 which hazardous substances are located; or 

3 (E) any State government, Indian Tribe, 

4 or local government. 

5 (c) PLAN.— 

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

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

8 in consultation with the Director, shall develop and 

9 publish in the Federal Register a plan to carry out 

10 the basic training program established under sub11 section (a). 

12 (2) CONTENTS.—The plan described in para13 graph (1) shall contain— 

14 (A) a list that describes the relative pri15 ority of each activity described in subsection 

16 (a); and 

17 (B) a description of research and training 

18 relevant to environmental justice issues of com19 munities adversely affected by pollution. 

20 (3) COORDINATION WITH FEDERAL AGEN21 CIES.—The Administrator shall, to the maximum ex22 tent practicable, take appropriate steps to coordinate 

23 the activities of the basic training program described 

24 in the plan with the activities of other Federal agen25 cies to avoid any duplication of effort. 


pbinns on DSKJLVW7X2PROD with $$_JOB
108 

•S 919 IS

1 (d) REPORT.— 

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

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

4 thereafter, the Administrator shall submit to the 

5 Committees on Environment and Public Works and 

6 Energy and Natural Resources of the Senate and 

7 the Committees on Energy and Commerce and Nat8 ural Resources of the House of Representatives a re9 port describing— 

10 (A) the implementation of the basic train11 ing program established under subsection (a); 

12 and 

13 (B) the impact of the basic training pro14 gram on improving training opportunities for 

15 residents of environmental justice communities. 

16 (2) PUBLIC AVAILABILITY.—The Administrator 

17 shall make the report required under paragraph (1) 

18 available to the public (including by posting a copy 

19 of the report on the website of the Environmental 

20 Protection Agency). 

21 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

22 authorized to be appropriated to carry out this section 

23 $10,000,000 for each of fiscal years 2024 through 2028. 


pbinns on DSKJLVW7X2PROD with $$_JOB
109 

•S 919 IS

1 SEC. 19. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY 

2 COUNCIL. 

3 (a) ESTABLISHMENT.—The President shall establish 

4 an advisory council, to be known as the ‘‘National Envi5 ronmental Justice Advisory Council’’. 

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

7 composed of 26 members who have knowledge of, or expe8 rience relating to, the effect of environmental conditions 

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

10 Tribal and Indigenous communities, including— 

11 (1) representatives of— 

12 (A) community-based organizations that 

13 carry out initiatives relating to environmental 

14 justice, including grassroots organizations led 

15 by people of color; 

16 (B) State governments, Indian Tribes, and 

17 local governments; 

18 (C) Tribal organizations and other Tribal 

19 and Indigenous communities; 

20 (D) nongovernmental and environmental 

21 organizations; and 

22 (E) private sector organizations (including 

23 representatives of industries and businesses); 

24 and 

25 (2) experts in the field of— 

26 (A) socioeconomic analysis; 


pbinns on DSKJLVW7X2PROD with $$_JOB
110 

•S 919 IS

1 (B) health and environmental effects; 

2 (C) exposure evaluation; 

3 (D) environmental law and civil rights law; 

4 or 

5 (E) environmental health science research. 

6 (c) SUBCOMMITTEES; WORKGROUPS.— 

7 (1) ESTABLISHMENT.—The Advisory Council 

8 may establish any subcommittee or workgroup to as9 sist the Advisory Council in carrying out any duty 

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

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

12 Council, each subcommittee or workgroup estab13 lished by the Advisory Council under paragraph (1) 

14 shall submit to the Advisory Council a report that 

15 contains— 

16 (A) a description of each recommendation 

17 of the subcommittee or workgroup; and 

18 (B) any advice requested by the Advisory 

19 Council with respect to any duty of the Advi20 sory Council. 

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

22 independent advice and recommendations to the Environ23 mental Protection Agency with respect to issues relating 

24 to environmental justice, including advice— 


pbinns on DSKJLVW7X2PROD with $$_JOB
111 

•S 919 IS

1 (1) to help develop, facilitate, and conduct re2 views of the direction, criteria, scope, and adequacy 

3 of the scientific research and demonstration projects 

4 of the Environmental Protection Agency relating to 

5 environmental justice; 

6 (2) to improve participation, cooperation, and 

7 communication with respect to such issues— 

8 (A) within the Environmental Protection 

9 Agency; 

10 (B) between the Environmental Protection 

11 Agency and other entities; and 

12 (C) between, and among, the Environ13 mental Protection Agency and Federal agencies, 

14 State and local governments, Indian Tribes, en15 vironmental justice leaders, interest groups, and 

16 the public; 

17 (3) requested by the Administrator to help im18 prove the response of the Environmental Protection 

19 Agency in securing environmental justice for com20 munities of color, low-income communities, and 

21 Tribal and Indigenous communities; and 

22 (4) on issues relating to— 

23 (A) the developmental framework of the 

24 Environmental Protection Agency with respect 

25 to the integration by the Environmental ProtecVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00111 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
112 

•S 919 IS

1 tion Agency of socioeconomic programs into the 

2 strategic planning, annual planning, and man3 agement accountability of the Environmental 

4 Protection Agency to achieve environmental jus5 tice results throughout the Environmental Pro6 tection Agency; 

7 (B) the measurement and evaluation of the 

8 progress, quality, and adequacy of the Environ9 mental Protection Agency in planning, devel10 oping, and implementing environmental justice 

11 strategies, projects, and programs; 

12 (C) any existing and future information 

13 management systems, technologies, and data 

14 collection activities of the Environmental Pro15 tection Agency (including recommendations to 

16 conduct analyses that support and strengthen 

17 environmental justice programs in administra18 tive and scientific areas); 

19 (D) the administration of grant programs 

20 relating to environmental justice assistance; and 

21 (E) education, training, and other outreach 

22 activities conducted by the Environmental Pro23 tection Agency relating to environmental jus24 tice. 

25 (e) MEETINGS.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
113 

•S 919 IS

1 (1) FREQUENCY.— 

2 (A) IN GENERAL.—Subject to subpara3 graph (B), the Advisory Council shall meet bi4 annually. 

5 (B) AUTHORITY OF ADMINISTRATOR.—The 

6 Administrator may require the Advisory Council 

7 to conduct additional meetings if the Adminis8 trator determines that the conduct of any addi9 tional meetings is necessary. 

10 (2) PUBLIC PARTICIPATION.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), each meeting of the Advisory Coun13 cil shall be open to the public to provide the 

14 public an opportunity— 

15 (i) to submit comments to the Advi16 sory Council; and 

17 (ii) to appear before the Advisory 

18 Council. 

19 (B) AUTHORITY OF ADMINISTRATOR.—The 

20 Administrator may close any meeting, or por21 tion of any meeting, of the Advisory Council to 

22 the public. 

23 (f) FACA APPLICABILITY.—Chapter 10 of title 5, 

24 United States Code, shall apply to the Advisory Council. 


pbinns on DSKJLVW7X2PROD with $$_JOB
114 

•S 919 IS

1 (g) TRAVEL EXPENSES.—The Administrator may 

2 provide to any member of the Advisory Council travel ex3 penses, including per diem in lieu of subsistence, at rates 

4 authorized for an employee of an agency under subchapter 

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

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

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

8 SEC. 20. ENVIRONMENTAL JUSTICE CLEARINGHOUSE. 

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

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

11 establish a public internet-based clearinghouse, to be 

12 known as the Environmental Justice Clearinghouse. 

13 (b) CONTENTS.—The Clearinghouse shall be com14 posed of culturally and linguistically appropriate materials 

15 related to environmental justice, including— 

16 (1) information describing the activities con17 ducted by the Environmental Protection Agency to 

18 address issues relating to environmental justice; 

19 (2) copies of training materials provided by the 

20 Administrator to help individuals and employees un21 derstand and carry out environmental justice activi22 ties; 

23 (3) links to web pages that describe environ24 mental justice activities of other Federal agencies; 


pbinns on DSKJLVW7X2PROD with $$_JOB
115 

•S 919 IS

1 (4) a directory of individuals who possess tech2 nical expertise in issues relating to environmental 

3 justice; 

4 (5) a directory of nonprofit and community5 based organizations, including grassroots organiza6 tions led by people of color, that address issues re7 lating to environmental justice at the local, State, 

8 and Federal levels (with particular emphasis given to 

9 nonprofit and community-based organizations that 

10 possess the capability to provide advice or technical 

11 assistance to environmental justice communities); 

12 and 

13 (6) any other appropriate information as deter14 mined by the Administrator, including information 

15 on any resources available to help address the dis16 proportionate burden of adverse human health or en17 vironmental effects on environmental justice commu18 nities. 

19 (c) CONSULTATION.—In developing the Clearing20 house, the Administrator shall consult with individuals 

21 representing academic and community-based organiza22 tions who have expertise in issues relating to environ23 mental justice. 

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


pbinns on DSKJLVW7X2PROD with $$_JOB
116 

•S 919 IS

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

2 annual basis; and 

3 (2) recommend to the Administrator any up4 dates for the Clearinghouse that the Advisory Coun5 cil determines to be necessary for the effective oper6 ation of the Clearinghouse. 

7 SEC. 21. PUBLIC MEETINGS. 

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

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

10 the Administrator shall hold public meetings on environ11 mental justice issues in each region of the Environmental 

12 Protection Agency to gather public input with respect to 

13 the implementation and updating of environmental justice 

14 strategies and efforts of the Environmental Protection 

15 Agency. 

16 (b) OUTREACH TO ENVIRONMENTAL JUSTICE COM17 MUNITIES.—The Administrator, in advance of the meet18 ings described in subsection (a), shall to the extent prac19 ticable hold multiple meetings in environmental justice 

20 communities in each region to provide meaningful commu21 nity involvement opportunities. 

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

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


pbinns on DSKJLVW7X2PROD with $$_JOB
117 

•S 919 IS

1 (1) to applicable representative entities or orga2 nizations present in the environmental justice com3 munity, including— 

4 (A) local religious organizations; 

5 (B) civic associations and organizations; 

6 (C) business associations of people of color; 

7 (D) environmental and environmental jus8 tice organizations; 

9 (E) homeowners’, tenants’, and neighbor10 hood watch groups; 

11 (F) local governments; 

12 (G) Indian Tribes, Tribal organizations, 

13 and other Tribal and Indigenous communities; 

14 (H) rural cooperatives; 

15 (I) business and trade organizations; 

16 (J) community and social service organiza17 tions; 

18 (K) universities, colleges, and vocational 

19 schools; 

20 (L) labor organizations; 

21 (M) civil rights organizations; 

22 (N) senior citizens’ groups; and 

23 (O) public health agencies and clinics; 

24 (2) through communication methods that are 

25 accessible in the applicable environmental justice 


pbinns on DSKJLVW7X2PROD with $$_JOB
118 

•S 919 IS

1 community, which may include electronic media, 

2 newspapers, radio, and other media particularly tar3 geted at communities of color, low-income commu4 nities, and Tribal and Indigenous communities; and 

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

6 (d) COMMUNICATION METHODS AND REQUIRE7 MENTS.—The Administrator shall— 

8 (1) provide translations of any documents made 

9 available to the public pursuant to this section in 

10 any language spoken by more than 5 percent of the 

11 population residing within the applicable environ12 mental justice community, and make available trans13 lation services for meetings upon request; and 

14 (2) not require members of the public to 

15 produce a form of identification or register their 

16 names, provide other information, complete a ques17 tionnaire, or otherwise fulfill any condition precedent 

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

19 register, questionnaire, or other similar document is 

20 utilized during meetings, it shall state clearly that 

21 the signing, registering, or completion of the docu22 ment is voluntary. 

23 (e) REQUIRED ATTENDANCE OF CERTAIN EMPLOY24 EES.—In holding a public meeting under subsection (a), 

25 the Administrator shall ensure that at least 1 employee 


pbinns on DSKJLVW7X2PROD with $$_JOB
119 

•S 919 IS

1 of the Environmental Protection Agency at the level of As2 sistant Administrator is present at the meeting to serve 

3 as a representative of the Environmental Protection Agen4 cy. 

5 SEC. 22. ENVIRONMENTAL PROJECTS FOR ENVIRON6 MENTAL JUSTICE COMMUNITIES. 

7 The Administrator shall ensure that all environ8 mental projects developed as part of a settlement relating 

9 to violations in an environmental justice community— 

10 (1) are developed through consultation with, 

11 and with the meaningful participation of, individuals 

12 in the affected environmental justice community; 

13 and 

14 (2) result in a quantifiable improvement to the 

15 health and well-being of individuals in the affected 

16 environmental justice community. 

17 SEC. 23. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL 

18 COASTAL ZONE OBJECTIVES. 

19 (a) GRANTS AUTHORIZED.—The Coastal Zone Man20 agement Act of 1972 is amended by inserting after section 

21 309 (16 U.S.C. 1456b) the following: 

22 ‘‘SEC. 309A. GRANTS TO FURTHER ACHIEVEMENT OF TRIB23 AL COASTAL ZONE OBJECTIVES. 

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

25 award competitive grants to Indian Tribes to further 


pbinns on DSKJLVW7X2PROD with $$_JOB
120 

•S 919 IS

1 achievement of the objectives of the Indian Tribe for the 

2 Tribal coastal zone of the Indian Tribe. 

3 ‘‘(b) FEDERAL SHARE.— 

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

5 cost of any activity carried out with a grant under 

6 this section shall be— 

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

8 $200,000, 100 percent of such cost; and 

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

10 more, 95 percent of such cost, except as pro11 vided in paragraph (2). 

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

13 requirements of paragraph (1)(B) with respect to a 

14 grant to an Indian Tribe, or otherwise reduce the 

15 portion of the share of the cost of an activity re16 quired to be paid by an Indian Tribe under that 

17 paragraph, if the Secretary determines that the In18 dian Tribe does not have sufficient funds to pay the 

19 portion. 

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

21 a grant under this section unless the Secretary determines 

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

23 compatible with this title. 

24 ‘‘(d) AUTHORIZED OBJECTIVES AND PURPOSES.—An 

25 Indian Tribe that receives a grant under this section shall 


pbinns on DSKJLVW7X2PROD with $$_JOB
121 

•S 919 IS

1 use the grant funds for 1 or more of the objectives and 

2 purposes authorized under subsections (b) and (c), respec3 tively, of section 306A. 

4 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

5 is authorized to be appropriated to carry out this section 

6 $5,000,000 for each of fiscal years 2024 through 2028, 

7 of which not more than 3 percent shall be used for admin8 istrative costs to carry out this section. 

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

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

11 has the meaning given the term in section 2601 of 

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

13 ‘‘(2) INDIAN TRIBE.—The term ‘Indian Tribe’ 

14 has the meaning given the term in section 4 of the 

15 Indian Self-Determination and Education Assistance 

16 Act (25 U.S.C. 5304). 

17 ‘‘(3) TRIBAL COASTAL ZONE.—The term ‘Tribal 

18 coastal zone’ means any Indian land that is within 

19 the coastal zone. 

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

21 term ‘Tribal coastal zone objective’, with respect to 

22 an Indian Tribe, means any of the following objec23 tives: 


pbinns on DSKJLVW7X2PROD with $$_JOB
122 

•S 919 IS

1 ‘‘(A) Protection, restoration, or preserva2 tion of areas in the Tribal coastal zone of the 

3 Indian Tribe that— 

4 ‘‘(i) hold important ecological, cul5 tural, or sacred significance for the Indian 

6 Tribe; or 

7 ‘‘(ii) reflect traditional, historical, and 

8 aesthetic values essential to the Indian 

9 Tribe. 

10 ‘‘(B) Preparing and implementing a special 

11 area management plan and technical planning 

12 for important coastal areas. 

13 ‘‘(C) Any coastal or shoreline stabilization 

14 measure, including any mitigation measure, for 

15 the purpose of public safety, public access, or 

16 cultural or historical preservation.’’. 

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

18 date of the enactment of this Act, the Secretary of Com19 merce shall issue guidance for the program established 

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

21 the criteria for awarding grants under that program based 

22 on consultation with Indian Tribes. 

23 (c) USE OF STATE GRANTS TO FULFILL TRIBAL OB24 JECTIVES.—Section 306A(c)(2) of the Coastal Zone ManVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00122 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
123 

•S 919 IS

1 agement Act of 1972 (16 U.S.C. 1455a(c)(2)) is amend2 ed— 

3 (1) in subparagraph (D), by striking ‘‘and’’ at 

4 the end; 

5 (2) in subparagraph (E), by striking the period 

6 at the end and inserting ‘‘; and’’; and 

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

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

9 (as that term is defined in section 309A).’’. 

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

11 this section, including an amendment made by this sec12 tion, shall be construed to affect the ability of an Indian 

13 Tribe to apply for assistance, receive assistance under, or 

14 participate in any program authorized by the Coastal Zone 

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

16 other related Federal laws. 

17 SEC. 24. COSMETIC LABELING. 

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

19 Drug, and Cosmetic Act (21 U.S.C. 361 et seq.) is amend20 ed by adding at the end the following: 

21 ‘‘SEC. 604. LABELING. 

22 ‘‘(a) COSMETIC PRODUCTS FOR PROFESSIONAL

23 USE.— 


pbinns on DSKJLVW7X2PROD with $$_JOB
124 

•S 919 IS

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— 


pbinns on DSKJLVW7X2PROD with $$_JOB
125 

•S 919 IS

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 


pbinns on DSKJLVW7X2PROD with $$_JOB
126 

•S 919 IS

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. 25. 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 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00126 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
127 

•S 919 IS

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 and 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 nonprofit research institution, or a nonprofit 

10 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 


pbinns on DSKJLVW7X2PROD with $$_JOB
128 

•S 919 IS

1 such sums as may be necessary for fiscal years 2024 

2 through 2028. 

3 SEC. 26. 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 nonprofit 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. 


pbinns on DSKJLVW7X2PROD with $$_JOB
129 

•S 919 IS

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 child care 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 2024 

9 through 2028. 

10 SEC. 27. 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 ‘‘(gg) 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 


pbinns on DSKJLVW7X2PROD with $$_JOB
130 

•S 919 IS

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. 28. 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 


pbinns on DSKJLVW7X2PROD with $$_JOB
131 

•S 919 IS

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 and 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 nonprofit research institution, or a nonprofit 

25 grassroots organization; and 


pbinns on DSKJLVW7X2PROD with $$_JOB
132 

•S 919 IS

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 submit to the 

7 Committee on Health, Education, Labor, and Pensions of 

8 the Senate and the Committee on Energy and Commerce 

9 of the House of Representatives, and make publicly avail10 able, a report on the results of the investigations funded 

11 under 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 cosmetics containing 

18 such ingredients for personal and professional 

19 use; and 

20 ‘‘(2) recommended public health information 

21 strategies to reduce potentially unsafe exposures to 

22 cosmetics. 

23 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—To 

24 carry out this section, there are authorized to be approVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
133 

•S 919 IS

1 priated such sums as may be necessary for fiscal years 

2 2024 through 2028.’’. 

3 SEC. 29. REVENUES FOR JUST TRANSITION ASSISTANCE. 

4 (a) DEFINITIONS.—In this section: 

5 (1) NONPRODUCING LEASE.—The term ‘‘non6 producing lease’’ means any Federal onshore or off7 shore oil or natural gas lease under which oil or nat8 ural gas is produced for fewer than 90 days in an 

9 applicable calendar year. 

10 (2) SECRETARY.—The term ‘‘Secretary’’ means 

11 the Secretary of the Interior. 

12 (b) MINERAL LEASING REVENUE.— 

13 (1) COAL LEASES.—Section 7(a) of the Mineral 

14 Leasing Act (30 U.S.C. 207(a)) is amended, in the 

fourth sentence, by striking ‘‘121 15 ⁄2 per centum’’ and 

16 inserting ‘‘18.75 percent’’. 

17 (2) LEASES ON LAND KNOWN OR BELIEVED TO

18 CONTAIN OIL OR NATURAL GAS.—Section 17 of the 

19 Mineral Leasing Act (30 U.S.C. 226) is amended— 

20 (A) in subsection (b)— 

21 (i) in paragraph (1)(A)— 

22 (I) in the fourth sentence, by 

23 striking ‘‘shall be held’’ and all that 

24 follows through ‘‘are necessary’’ and 


pbinns on DSKJLVW7X2PROD with $$_JOB
134 

•S 919 IS

1 inserting ‘‘may be held in each State 

2 not more than once each year’’; and 

3 (II) in the fifth sentence, by 

4 striking ‘‘12.5 percent’’ and inserting 

5 ‘‘18.75 percent’’; and 

6 (ii) in paragraph (2)(A)(ii), by striking ‘‘121 7 ⁄2 per centum’’ and inserting 

8 ‘‘18.75 percent’’; 

9 (B) in subsection (c)(1), in the second sen10 tence, by striking ‘‘12.5 percent’’ and inserting 

11 ‘‘18.75 percent’’; 

(C) in subsection (l), by striking ‘‘121 12 ⁄2 per 

13 centum’’ each place it appears and inserting 

14 ‘‘18.75 percent’’; and 

15 (D) in subsection (n)(1)(C), by striking 

‘‘121 16 ⁄2 per centum’’ and inserting ‘‘18.75 per17 cent’’. 

18 (3) REINSTATEMENT OF LEASES.—Section 

19 31(e)(3) of the Mineral Leasing Act (30 U.S.C. 

188(e)(3)) is amended by striking ‘‘162 20 ⁄3’’ each place 

21 it appears and inserting ‘‘25’’. 

22 (4) DEPOSITS.—Section 35 of the Mineral 

23 Leasing Act (30 U.S.C. 191) is amended— 


pbinns on DSKJLVW7X2PROD with $$_JOB
135 

•S 919 IS

1 (A) in subsection (a), in the first sentence, 

2 by striking ‘‘All’’ and inserting ‘‘Except as pro3 vided in subsection (e), all’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(e) DISTRIBUTION OF CERTAIN AMOUNTS.—Not6 withstanding subsection (a), the amount of any increase 

7 in revenues collected as a result of the amendments made 

8 by subsection (b) of section 29 of the A. Donald McEachin 

9 Environmental Justice For All Act shall be deposited and 

10 distributed in accordance with subsection (d) of that sec11 tion.’’. 

12 (c) FEES FOR PRODUCING LEASES AND NONPRO13 DUCING LEASES.— 

14 (1) CONSERVATION OF RESOURCES FEES.— 

15 There is established a fee of $4 per acre per year 

16 on producing Federal onshore and offshore oil and 

17 gas leases. 

18 (2) SPECULATIVE LEASING FEES.—There is es19 tablished a fee of $6 per acre per year on nonpro20 ducing leases. 

21 (d) DEPOSIT.— 

22 (1) IN GENERAL.—All amounts collected under 

23 paragraphs (1) and (2) of subsection (c) shall be de24 posited in the Federal Energy Transition Economic 


pbinns on DSKJLVW7X2PROD with $$_JOB
136 

•S 919 IS

1 Development Assistance Fund established by section 

2 30(c). 

3 (2) MINERAL LEASING REVENUE.—Notwith4 standing any other provision of law, of the amount 

5 of any increase in revenue collected as a result of the 

6 amendments made by subsection (b)— 

7 (A) 50 percent shall be deposited in the 

8 Federal Energy Transition Economic Develop9 ment Assistance Fund established by section 

10 30(c); and 

11 (B) 50 percent shall be distributed to the 

12 State in which the production occurred. 

13 (e) ADJUSTMENT FOR INFLATION.—The Secretary 

14 shall, by regulation at least once every 4 years, adjust each 

15 fee established by subsection (c) to reflect any change in 

16 the Consumer Price Index (all items, United States city 

17 average) as prepared by the Department of Labor. 

18 SEC. 30. ECONOMIC REVITALIZATION FOR FOSSIL FUEL-DE19 PENDENT COMMUNITIES. 

20 (a) PURPOSE.—The purpose of this section is to pro21 mote economic revitalization, diversification, and develop22 ment in communities— 

23 (1) that depend on fossil fuel mining, extrac24 tion, or refining for a significant amount of eco25 nomic opportunities; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
137 

•S 919 IS

1 (2) in which a significant proportion of the pop2 ulation is employed at electric generating stations 

3 that use fossil fuels as the predominant fuel supply. 

4 (b) DEFINITIONS.—In this section: 

5 (1) ADVISORY COMMITTEE.—The term ‘‘Advi6 sory Committee’’ means the Just Transition Advi7 sory Committee established by subsection (g)(1). 

8 (2) DISPLACED WORKER.—The term ‘‘displaced 

9 worker’’ means an individual who, due to efforts to 

10 reduce net emissions from public land or as a result 

11 of a downturn in fossil fuel mining, extraction, or 

12 production, has suffered a reduction in employment 

13 or economic opportunities. 

14 (3) FOSSIL FUEL.—The term ‘‘fossil fuel’’ 

15 means coal, petroleum, natural gas, tar sands, oil 

16 shale, or any derivative of coal, petroleum, or nat17 ural gas. 

18 (4) FOSSIL FUEL-DEPENDENT COMMUNITY.— 

19 The term ‘‘fossil fuel-dependent community’’ means 

20 a community— 

21 (A) that depends on fossil fuel mining, and 

22 extraction, or refining for a significant amount 

23 of economic opportunities; or 

24 (B) in which a significant proportion of the 

25 population is employed at electric generating 


pbinns on DSKJLVW7X2PROD with $$_JOB
138 

•S 919 IS

1 stations that use fossil fuels as the predominant 

2 fuel supply. 

3 (5) FOSSIL FUEL TRANSITION COMMUNITY.— 

4 The term ‘‘fossil fuel transition community’’ means 

5 a community— 

6 (A) that has been adversely affected eco7 nomically by a recent reduction in fossil fuel 

8 mining, extraction, or production-related activ9 ity, as demonstrated by employment data, per 

10 capita income, or other indicators of economic 

11 distress; 

12 (B) that has historically relied on fossil 

13 fuel mining, extraction, or production-related 

14 activity for a substantial portion of its economy; 

15 or 

16 (C) in which the economic contribution of 

17 fossil fuel mining, extraction, or production-re18 lated activity has significantly declined. 

19 (6) FUND.—The term ‘‘Fund’’ means the Fed20 eral Energy Transition Economic Development As21 sistance Fund established by subsection (c). 

22 (7) PUBLIC LAND.— 

23 (A) IN GENERAL.—The term ‘‘public land’’ 

24 means any land and interest in land owned by 

25 the United States within the several States and 


pbinns on DSKJLVW7X2PROD with $$_JOB
139 

•S 919 IS

1 administered by the Secretary or the Secretary 

2 of Agriculture (acting through the Chief of the 

3 Forest Service) without regard to how the 

4 United States acquired ownership. 

5 (B) INCLUSION.—The term ‘‘public land’’ 

6 includes land located on the outer Continental 

7 Shelf. 

8 (C) EXCLUSION.—The term ‘‘public land’’ 

9 does not include land held in trust for an In10 dian Tribe or member of an Indian Tribe. 

11 (8) SECRETARY.—The term ‘‘Secretary’’ means 

12 the Secretary of the Interior. 

13 (c) ESTABLISHMENT OF FEDERAL ENERGY TRANSI14 TION ECONOMIC DEVELOPMENT ASSISTANCE FUND.— 

15 There is established in the Treasury of the United States 

16 a fund, to be known as the ‘‘Federal Energy Transition 

17 Economic Development Assistance Fund’’, which shall 

18 consist of amounts deposited in the Fund under section 

19 29(d). 

20 (d) DISTRIBUTION OF FUNDS.—Of the amounts de21 posited in the Fund— 

22 (1) 35 percent shall be distributed by the Sec23 retary to States in which extraction of fossil fuels 

24 occurs on public land, based on a formula reflecting 

25 existing production and extraction in the State; 


pbinns on DSKJLVW7X2PROD with $$_JOB
140 

•S 919 IS

1 (2) 35 percent shall be distributed by the Sec2 retary to States based on a formula reflecting the 

3 quantity of fossil fuels historically produced and ex4 tracted in the State on public land before the date 

5 of enactment of this Act; and 

6 (3) 30 percent shall be allocated to a competi7 tive grant program under subsection (f). 

8 (e) USE OF FUNDS.— 

9 (1) IN GENERAL.—Funds distributed by the 

10 Secretary to States under paragraphs (1) and (2) of 

11 subsection (d) may be used for— 

12 (A) environmental remediation of land and 

13 waters impacted by the full lifecycle of fossil 

14 fuel extraction and mining; 

15 (B) building partnerships to attract and 

16 invest in the economic future of historically fos17 sil fuel-dependent communities; 

18 (C) increasing capacity and other technical 

19 assistance fostering long-term economic growth 

20 and opportunity in historically fossil fuel-de21 pendent communities; 

22 (D) guaranteeing pensions, healthcare, and 

23 retirement security and providing a bridge of 

24 wage support until a displaced worker either 

25 finds new employment or reaches retirement; 


pbinns on DSKJLVW7X2PROD with $$_JOB
141 

•S 919 IS

1 (E) severance payments for displaced 

2 workers; 

3 (F) carbon sequestration projects in nat4 ural systems on public land; or 

5 (G) expanding broadband access and 

6 broadband infrastructure. 

7 (2) PRIORITY TO FOSSIL FUEL WORKERS.—In 

8 distributing funds under paragraph (1), the Sec9 retary shall give priority to assisting displaced work10 ers dislocated from fossil fuel mining and extraction 

11 industries. 

12 (f) COMPETITIVE GRANT PROGRAM.— 

13 (1) IN GENERAL.—The Secretary shall establish 

14 a competitive grant program to provide funds to eli15 gible entities for the purposes described in para16 graph (3). 

17 (2) DEFINITION OF ELIGIBLE ENTITY.—In this 

18 subsection, the term ‘‘eligible entity’’ means a local 

19 government, a State government, an Indian Tribe, a 

20 local development district (as defined in section 

21 382E(a) of the Consolidated Farm and Rural Devel22 opment Act (7 U.S.C. 2009aa–4(a))), a nonprofit 

23 organization, a labor union, an economic develop24 ment agency, or an institution of higher education 

25 (including a community college). 


pbinns on DSKJLVW7X2PROD with $$_JOB
142 

•S 919 IS

1 (3) ELIGIBLE USE OF FUNDS.—The Secretary 

2 may award grants from amounts in the Fund made 

3 available under subsection (d)(3) for— 

4 (A) the purposes described in subsection 

5 (e)(1); 

6 (B)(i) existing job retraining and appren7 ticeship programs for displaced workers; or 

8 (ii) programs designed to promote eco9 nomic development in communities affected by 

10 a downturn in fossil fuel extraction and mining; 

11 (C) developing projects that— 

12 (i) diversify local and regional econo13 mies; 

14 (ii) create jobs in new or existing non15 fossil fuel industries; 

16 (iii) attract new sources of job-cre17 ating investment; or 

18 (iv) provide a range of workforce serv19 ices and skills training; 

20 (D) internship programs in a field related 

21 to clean energy; and 

22 (E) the development and support of— 

23 (i) a clean energy certificate program 

24 at a labor organization; or 


pbinns on DSKJLVW7X2PROD with $$_JOB
143 

•S 919 IS

1 (ii) a clean energy major or minor 

2 program at an institution of higher edu3 cation (as defined in section 101 of the 

4 Higher Education Act of 1965 (20 U.S.C. 

5 1001)). 

6 (g) JUST TRANSITION ADVISORY COMMITTEE.— 

7 (1) ESTABLISHMENT.—Not later than 180 days 

8 after the date of enactment of this Act, the Sec9 retary shall establish an advisory committee, to be 

10 known as the ‘‘Just Transition Advisory Com11 mittee’’. 

12 (2) CHAIR.—The President shall appoint a 

13 Chair of the Advisory Committee. 

14 (3) DUTIES.—The Advisory Committee shall— 

15 (A) advise, assist, and support the Sec16 retary in— 

17 (i) the management and allocation of 

18 funds available under subsection (d); and 

19 (ii) the establishment and administra20 tion of the competitive grant program 

21 under subsection (f); and 

22 (B) develop procedures to ensure that 

23 States and applicants eligible to participate in 

24 the competitive grant program established 

25 under subsection (f) are notified of the availVerDate Sep 11 2014 23:55 Apr 11, 2023 Jkt 039200 PO 00000 Frm 00143 Fmt 6652 Sfmt 6201 E:\BILLS\S919.IS S919

pbinns on DSKJLVW7X2PROD with $$_JOB
144 

•S 919 IS

1 ability of Federal funds pursuant to this sec2 tion. 

3 (4) MEMBERSHIP.— 

4 (A) IN GENERAL.—The total number of 

5 members of the Advisory Committee shall not 

6 exceed 20 members. 

7 (B) COMPOSITION.—The Advisory Com8 mittee shall be composed of the following mem9 bers appointed by the Chair: 

10 (i) A representative of the Assistant 

11 Secretary of Commerce for Economic De12 velopment. 

13 (ii) A representative of the Secretary 

14 of Labor. 

15 (iii) A representative of the Under 

16 Secretary for Rural Development. 

17 (iv) 2 individuals with professional 

18 economic development or workforce re19 training experience. 

20 (v) An equal number of representa21 tives from each of the following: 

22 (I) Labor unions. 

23 (II) Nonprofit environmental or24 ganizations. 


pbinns on DSKJLVW7X2PROD with $$_JOB
145 

•S 919 IS

1 (III) Environmental justice orga2 nizations. 

3 (IV) Fossil fuel transition com4 munities. 

5 (V) Public interest groups. 

6 (VI) Tribal and Indigenous com7 munities. 

8 (5) TERMINATION.—The Advisory Committee 

9 shall not terminate except by an Act of Congress. 

10 (h) LIMIT ON USE OF FUNDS.— 

11 (1) ADMINISTRATIVE COSTS.—Not more than 7 

12 percent of the amounts in the Fund may be used for 

13 administrative costs incurred in implementing this 

14 section. 

15 (2) LIMITATION ON FUNDS TO A SINGLE ENTI16 TY.—Not more than 5 percent of the amounts in the 

17 Fund may be awarded to a single eligible entity. 

18 (3) CALENDAR YEAR LIMITATION.—Not less 

19 than 15 percent of the amounts in the Fund shall 

20 be spent in each calendar year. 

21 (i) USE OF AMERICAN IRON, STEEL, AND MANUFAC22 TURED GOODS.—None of the funds appropriated or other23 wise made available by this section may be used for a 

24 project for the construction, alteration, maintenance, or 

25 repair of a public building or public work unless all of the 


pbinns on DSKJLVW7X2PROD with $$_JOB
146 

•S 919 IS

1 iron, steel, and manufactured goods used in the project 

2 are produced in the United States, unless the manufac3 tured good is not produced in the United States. 

4 (j) SUBMISSION TO CONGRESS.—The Secretary shall 

5 submit to the Committees on Appropriations and Energy 

6 and Natural Resources of the Senate and the Committees 

7 on Appropriations and Natural Resources of the House 

8 of Representatives, with the annual budget submission of 

9 the President, a list of projects, including a description 

10 of each project, that received funding under this section 

11 in the previous calendar year. 

12 SEC. 31. EVALUATION BY COMPTROLLER GENERAL OF THE 

13 UNITED STATES. 

14 Not later than 2 years after the date of enactment 

15 of this Act, and biennially thereafter, the Comptroller 

16 General of the United States shall submit to the Commit17 tees on Environment and Public Works and Energy and 

18 Natural Resources of the Senate and the Committees on 

19 Energy and Commerce and Natural Resources of the 

20 House of Representatives a report that contains an evalua21 tion of the effectiveness of each activity carried out under 

22 this Act and the amendments made by this Act. 

Æ 


pbinns on DSKJLVW7X2PROD with $$_JOB