I 

117TH CONGRESS 

1ST SESSION H. R. 2021 

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

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 18, 2021 

Mr. GRIJALVA (for himself, Mr. MCEACHIN, Ms. BARRAGA ́N, Ms. SCHAKOWSKY, Ms. NORTON, Mr. ESPAILLAT, Ms. LEE of California, Mr. 

LOWENTHAL, Ms. TLAIB, Ms. CHU, Ms. MENG, Mr. GOMEZ, Ms. BLUNT

ROCHESTER, Mr. GARCI ́A of Illinois, Ms. JAYAPAL, Mr. KHANNA, Ms. 

DEGETTE, Mrs. BEATTY, Mr. KAHELE, Ms. BUSH, Mr. SCOTT of Virginia, Mr. NADLER, Ms. ESCOBAR, Ms. CASTOR of Florida, Mr. CONNOLLY, Ms. BROWNLEY, Ms. LEGER FERNANDEZ, and Ms. CLARKE of 

New York) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on 

Natural Resources, the Judiciary, Transportation and Infrastructure, Agriculture, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

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 

5 ‘‘Environmental Justice For All Act’’. 


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

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; statement of policy. 

Sec. 3. Definitions. 

Sec. 4. Prohibited discrimination. 

Sec. 5. Right of action. 

Sec. 6. Rights of recovery. 

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

permitting decisions. 

Sec. 8. 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. Training of employees of Federal agencies. 

Sec. 16. Environmental justice grant programs. 

Sec. 17. Environmental justice basic training program. 

Sec. 18. National Environmental Justice Advisory Council. 

Sec. 19. Environmental Justice Clearinghouse. 

Sec. 20. Public meetings. 

Sec. 21. Environmental projects for environmental justice communities. 

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

Sec. 23. Cosmetic labeling. 

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

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

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

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

research on health disparities impacting communities of color. 

Sec. 28. Revenues for just transition assistance. 

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

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

3 SEC. 2. FINDINGS; STATEMENT OF POLICY. 

4 (a) FINDINGS.—Congress finds the following: 

5 (1) Communities of color, low-income commu6 nities, Tribal and Indigenous communities, fossil 

7 fuel-dependent communities, and other vulnerable 

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1 dren, and the elderly, are disproportionately bur2 dened by environmental hazards that include expo3 sure to polluted air, waterways, and landscapes. 

4 (2) Environmental justice disparities are also 

5 exhibited through a lack of equitable access to green 

6 spaces, public recreation opportunities, and informa7 tion and data on potential exposure to environmental 

8 hazards. 

9 (3) Communities experiencing environmental in10 justice have been subjected to systemic racial, social, 

11 and economic injustices and face a disproportionate 

12 burden of adverse human health or environmental 

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

14 structural discrimination, and disproportionate en15 ergy burdens. 

16 (4) Environmental justice communities have 

17 been made more vulnerable to the effects of climate 

18 change due to a combination of factors, particularly 

19 the legacy of segregation and historically racist zon20 ing codes, and often have the least resources to re21 spond, making it a necessity for environmental jus22 tice communities to be meaningfully engaged as 

23 partners and stakeholders in government decision 

24 making as the United States builds its climate resil25 ience. 


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1 (5) Potential environmental and climate threats 

2 to environmental justice communities merit a higher 

3 level of engagement, review, and consent to ensure 

4 that communities are not forced to bear dispropor5 tionate environmental and health impacts. 

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

7 will not harm communities, including through cumu8 lative exposure effects, should fall on polluting in9 dustries and on the Federal Government in its regu10 latory role, not the communities themselves. 

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

12 note; relating to Federal actions to address environ13 mental justice in minority populations and low-in14 come populations) directs Federal agencies to ad15 dress disproportionately high and adverse human 

16 health or environmental effects of its programs, but 

17 Federal agencies have been inconsistent in updating 

18 their strategic plans for environmental justice and 

19 reporting on their progress in enacting those plans. 

20 (8) Government action to correct environmental 

21 injustices is a moral imperative. Federal policy can 

22 and should improve public health and improve the 

23 overall well-being of all communities. 

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

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


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1 of toxic pollution, and share the benefits of a pros2 perous and vibrant pollution-free economy. 

3 (10) A fair and just transition to a pollution4 free economy is necessary to ensure that workers 

5 and communities in deindustrialized areas have ac6 cess to the resources and benefits of a sustainable 

7 future. That transition must also address the eco8 nomic disparities experienced by residents living in 

9 areas contaminated by pollution or environmental 

10 degradation, including access to jobs, and members 

11 of those communities must be fully and meaningfully 

12 involved in transition planning processes. 

13 (11) It is the responsibility of the Federal Gov14 ernment to seek to achieve environmental justice, 

15 health equity, and climate justice for all commu16 nities. 

17 (b) STATEMENT OF POLICY.—It is the policy of Con18 gress that each Federal agency should— 

19 (1) seek to achieve environmental justice as 

20 part of its mission by identifying and addressing, as 

21 appropriate, disproportionately adverse human 

22 health or environmental effects of its programs, poli23 cies, practices, and activities on communities of 

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1 digenous communities in each State and territory of 

2 the United States; 

3 (2) promote meaningful involvement by commu4 nities and due process in the development, imple5 mentation, and enforcement of environmental laws; 

6 (3) provide direct guidance and technical assist7 ance to communities experiencing environmental in8 justice focused on increasing shared understanding 

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

10 to Federal agency action on environmental justice 

11 issues; 

12 (4) cooperate with State governments, Tribal 

13 Governments, and local governments to address pol14 lution and public health burdens in communities ex15 periencing environmental injustice, and build 

16 healthy, sustainable, and resilient communities; and 

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

18 safe and affordable drinking water, protection from 

19 climate hazards, and the sustainable preservation of 

20 the ecological integrity and aesthetic, scientific, cul21 tural, and historical values of the natural environ22 ment. 

23 SEC. 3. DEFINITIONS. 

24 In this Act: 


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1 (1) ADMINISTRATOR.—The term ‘‘Adminis2 trator’’ means the Administrator of the Environ3 mental Protection Agency. 

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

5 Council’’ means the National Environmental Justice 

6 Advisory Council established by the President under 

7 section 18. 

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

11 19. 

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

14 area in which the population of any of the following 

15 categories of individuals is higher than the average 

16 population of that category for the State in which 

17 the community is located: 

18 (A) Black. 

19 (B) African American. 

20 (C) Asian. 

21 (D) Pacific Islander. 

22 (E) Other non-White race. 

23 (F) Hispanic. 

24 (G) Latino. 

25 (H) Linguistically isolated. 


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1 (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 


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1 (B) equal access to any Federal agency ac2 tion on environmental justice issues in order to 

3 have a healthy environment in which to live, 

4 learn, work, and recreate. 

5 (9) ENVIRONMENTAL JUSTICE COMMUNITY.— 

6 The term ‘‘environmental justice community’’ means 

7 a community with significant representation of com8 munities of color, low-income communities, or Tribal 

9 and Indigenous communities, that experiences, or is 

10 at risk of experiencing higher or more adverse 

11 human health or environmental effects. 

12 (10) ENVIRONMENTAL LAW.—The term ‘‘envi13 ronmental law’’ includes— 

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

15 seq.); 

16 (B) the Federal Water Pollution Control 

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

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

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

20 (D) the National Environmental Policy Act 

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

22 (E) the Pollution Prevention Act of 1990 

23 (42 U.S.C. 13101 et seq.); 

24 (F) the Safe Drinking Water Act (42 

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


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1 (G) the Solid Waste Disposal Act (42 

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

3 (H) the Federal Insecticide, Fungicide, 

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

5 (I) the Toxic Substances Control Act (15 

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

7 (11) FAIR TREATMENT.—The term ‘‘fair treat8 ment’’ means the conduct of a program, policy, prac9 tice, or activity by a Federal agency in a manner 

10 that ensures that no group of individuals (including 

11 racial, ethnic, or socioeconomic groups) experience a 

12 disproportionate burden of adverse human health or 

13 environmental effects resulting from such program, 

14 policy, practice, or activity, as determined through 

15 consultation with, and with the meaningful partici16 pation of, individuals from the communities affected 

17 by a program, policy, practice, or activity of a Fed18 eral agency. 

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

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

21 Indian Self-Determination and Education Assistance 

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

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

24 government’’ means— 


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

2 township, local public authority, school district, 

3 special district, intrastate district, council of 

4 governments (regardless of whether the council 

5 of governments is incorporated as a nonprofit 

6 corporation under State law), regional or inter7 state governmental entity, or agency or instru8 mentality of a local government; or 

9 (B) an Indian Tribe or authorized Tribal 

10 organization, or Alaska Native village or organi11 zation, that is not a Tribal Government. 

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

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

14 group in which 30 percent or more of the population 

15 are individuals with an annual household income 

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

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

18 median income of the area in which the house19 hold is located, as reported by the Department 

20 of Housing and Urban Development; and 

21 (B) 200 percent of the Federal poverty 

22 line. 

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

24 means a census block group or series of geographi25 cally contiguous blocks representing certain common 


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1 characteristics, such as race, ethnicity, national ori2 gin, income-level, health disparities, or other public 

3 health and socioeconomic attributes. 

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

5 (A) any State of the United States; 

6 (B) the District of Columbia; 

7 (C) the Commonwealth of Puerto Rico; 

8 (D) the United States Virgin Islands; 

9 (E) Guam; 

10 (F) American Samoa; and 

11 (G) the Commonwealth of the Northern 

12 Mariana Islands. 

13 (17) TRIBAL AND INDIGENOUS COMMUNITY.— 

14 The term ‘‘Tribal and Indigenous community’’ 

15 means a population of people who are members of— 

16 (A) a federally recognized Indian Tribe; 

17 (B) a State-recognized Indian Tribe; 

18 (C) an Alaska Native or Native Hawaiian 

19 community or organization; or 

20 (D) any other community of Indigenous 

21 people located in a State. 

22 (18) TRIBAL GOVERNMENT.—The term ‘‘Tribal 

23 Government’’ means the governing body of an In24 dian Tribe. 


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1 (19) WHITE HOUSE INTERAGENCY COUNCIL.— 

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

3 the White House Environmental Justice Interagency 

4 Council described in section 8. 

5 SEC. 4. PROHIBITED DISCRIMINATION. 

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

7 U.S.C. 2000d) is amended— 

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

9 and 

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

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

12 participation and denial of benefits) based on disparate 

13 impact is established under this title if— 

14 ‘‘(i) an entity subject to this title (referred to 

15 in this subsection as a ‘covered entity’) has a pro16 gram, policy, practice, or activity that causes a dis17 parate impact on the basis of race, color, or national 

18 origin and the covered entity fails to demonstrate 

19 that the challenged program, policy, practice, or ac20 tivity is related to and necessary to achieve the non21 discriminatory goal of the program, policy, practice, 

22 or activity alleged to have been operated in a dis23 criminatory manner; or 

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

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


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1 entity refuses to adopt such alternative program, 

2 policy, practice, or activity. 

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

4 program, policy, practice, or activity does not cause a dis5 parate impact, the covered entity shall demonstrate that 

6 each particular challenged program, policy, practice, or ac7 tivity does not cause a disparate impact, except that if 

8 the covered entity demonstrates to the courts that the ele9 ments of the covered entity’s decision-making process are 

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

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

12 or activity. 

13 ‘‘(2) A demonstration that a program, policy, prac14 tice, or activity is necessary to achieve the goals of a pro15 gram, policy, practice, or activity may not be used as a 

16 defense against a claim of intentional discrimination under 

17 this title. 

18 ‘‘(3) In this subsection— 

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

20 the burdens of going forward with the evidence and 

21 of persuasion; and 

22 ‘‘(B) the term ‘disparate impact’ has the mean23 ing given the term in section 3 of the Environmental 

24 Justice For All Act. 


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1 ‘‘(c) No person in the United States shall be sub2 jected to discrimination, including retaliation or intimida3 tion, because such person opposed any program, policy, 

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

5 such person made a charge, testified, assisted, or partici6 pated in any manner in an investigation, proceeding, or 

7 hearing under this title.’’. 

8 SEC. 5. RIGHT OF ACTION. 

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

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

11 (1) by inserting ‘‘(a)’’ before ‘‘Each Federal de12 partment and agency which is empowered’’; and 

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

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

15 with this title, including any regulation promulgated pur16 suant to this title, may file suit in any district court of 

17 the United States having jurisdiction of the parties, with18 out respect to the amount in controversy and without re19 gard to the citizenship of the parties.’’. 

20 (b) EFFECTIVE DATE.— 

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

22 amendments made by this section, takes effect on 

23 the date of enactment of this Act. 

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

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1 tions or proceedings pending on or after the date of 

2 enactment of this Act. 

3 SEC. 6. RIGHTS OF RECOVERY. 

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

5 2000d et seq.) is amended by inserting after section 602 

6 the following: 

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

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

9 DISCRIMINATION.—In an action brought by an aggrieved 

10 person under this title against an entity subject to this 

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

12 has engaged in unlawful intentional discrimination (not a 

13 practice that is unlawful because of its disparate impact) 

14 prohibited under this title (including its implementing reg15 ulations), the aggrieved person may recover equitable and 

16 legal relief (including compensatory and punitive dam17 ages), attorney’s fees (including expert fees), and costs of 

18 the action, except that punitive damages are not available 

19 against a government, government agency, or political 

20 subdivision. 

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

22 STANDARD OF PROOF.—In an action brought by an ag23 grieved person under this title against a covered entity 

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1 menting regulations), the aggrieved person may recover 

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

3 action. 

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

5 ‘‘(1) AGGRIEVED PERSON.—The term ‘ag6 grieved person’ means a person aggrieved by dis7 crimination on the basis of race, color, or national 

8 origin. 

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

10 impact’ has the meaning given the term in section 

11 3 of the Environmental Justice For All Act.’’. 

12 SEC. 7. CONSIDERATION OF CUMULATIVE IMPACTS AND 

13 PERSISTENT VIOLATIONS IN CERTAIN PER14 MITTING DECISIONS. 

15 (a) FEDERAL WATER POLLUTION CONTROL ACT.— 

16 Section 402 of the Federal Water Pollution Control Act 

17 (33 U.S.C. 1342) is amended— 

18 (1) by striking the section designation and 

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

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

21 ‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI22 NATION SYSTEM. 

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

24 ‘‘(1) IN GENERAL.—Except as’’; 

25 (2) in subsection (a)— 


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1 (A) in paragraph (1)— 

2 (i) by striking ‘‘upon condition that 

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

4 and inserting the following: ‘‘subject to the 

5 conditions that— 

6 ‘‘(A) the discharge will achieve compliance 

7 with, as applicable— 

8 ‘‘(i) all’’; 

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

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

11 ‘‘403; or 

12 ‘‘(ii) prior’’; and 

13 (iii) by striking ‘‘this Act.’’ and insert14 ing the following: ‘‘this Act; and 

15 ‘‘(B) with respect to the issuance or re16 newal of the permit— 

17 ‘‘(i) based on an analysis by the Ad18 ministrator of existing water quality and 

19 the potential cumulative impacts (as de20 fined in section 501 of the Clean Air Act 

21 (42 U.S.C. 7661)) of the discharge, consid22 ered in conjunction with the designated 

23 and actual uses of the impacted navigable 

24 water, there exists a reasonable certainty 

25 of no harm to the health of the general 


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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 


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1 ‘‘(iii) such other requirements as the 

2 Administrator determines to be appro3 priate; and 

4 ‘‘(B) additional controls or pollution pre5 vention requirements.’’; and 

6 (3) in subsection (b)— 

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

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

9 at the end and inserting a period; 

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

11 at the end and inserting a period; and 

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

13 ‘‘(10) To ensure that no permit will be issued 

14 or renewed if, with respect to an application for the 

15 permit, the State determines, based on an analysis 

16 by the State of existing water quality and the poten17 tial cumulative impacts (as defined in section 501 of 

18 the Clean Air Act (42 U.S.C. 7661)) of the dis19 charge, considered in conjunction with the des20 ignated and actual uses of the impacted navigable 

21 water, that the terms and conditions of the permit 

22 or renewal would not be sufficient to ensure a rea23 sonable certainty of no harm to the health of the 

24 general population, or to any potentially exposed or 

25 susceptible subpopulation.’’. 


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1 (b) CLEAN AIR ACT.— 

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

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

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

5 by striking ‘‘As used in this title—’’ and insert6 ing ‘‘In this title:’’; 

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

8 and (4) as paragraphs (3), (5), and (4), respec9 tively, and moving the paragraphs so as to ap10 pear in numerical order; and 

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

12 following: 

13 ‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu14 lative impacts’ means any exposure to a public 

15 health or environmental risk, or other effect occur16 ring in a specific geographical area, including from 

17 an emission, discharge, or release— 

18 ‘‘(A) including— 

19 ‘‘(i) environmental pollution re20 leased— 

21 ‘‘(I)(aa) routinely; 

22 ‘‘(bb) accidentally; or 

23 ‘‘(cc) otherwise; and 

24 ‘‘(II) from any source, whether 

25 single or multiple; and 


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1 ‘‘(ii) as assessed based on the com2 bined past, present, and reasonably fore3 seeable emissions and discharges affecting 

4 the geographical area; and 

5 ‘‘(B) evaluated taking into account sen6 sitive populations and other factors that may 

7 heighten vulnerability to environmental pollu8 tion and associated health risks, including so9 cioeconomic characteristics.’’. 

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

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

12 (A) in paragraph (5)— 

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

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

15 inserting ‘‘ensure’’; and 

16 (ii) by striking subparagraph (F) and 

17 inserting the following: 

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

19 or renewed, as applicable, if— 

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

21 a permit or renewal of a permit for a 

22 major source, the permitting authority de23 termines under paragraph (9)(A)(i)(II)(bb) 

24 that the terms and conditions of the per25 mit or renewal would not be sufficient to 


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1 ensure a reasonable certainty of no harm 

2 to the health of the general population, or 

3 to any potentially exposed or susceptible 

4 subpopulation, of the applicable census 

5 block groups or Tribal census block groups 

6 (as those terms are defined by the Director 

7 of the Bureau of the Census); or 

8 ‘‘(ii) the Administrator objects to the 

9 issuance of the permit in a timely manner 

10 under this title.’’; and 

11 (B) by striking paragraph (9) and insert12 ing the following: 

13 ‘‘(9) MAJOR SOURCES.— 

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

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

16 a major source, a requirement that the permit17 ting authority shall— 

18 ‘‘(i) in determining whether to issue 

19 or renew the permit— 

20 ‘‘(I) evaluate the potential cumu21 lative impacts of the major source, as 

22 described in the applicable cumulative 

23 impacts analysis submitted under sec24 tion 503(b)(3), taking into considerVerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021

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1 ation other pollution sources and risk 

2 factors within a community; 

3 ‘‘(II) if, due to those potential 

4 cumulative impacts, the permitting 

5 authority cannot determine that there 

6 exists a reasonable certainty of no 

7 harm to the health of the general pop8 ulation, or to any potentially exposed 

9 or susceptible subpopulation, of any 

10 census block groups or Tribal census 

11 block groups (as those terms are de12 fined by the Director of the Bureau of 

13 the Census) located in, or immediately 

14 adjacent to, the area in which the 

15 major source is, or is proposed to be, 

16 located— 

17 ‘‘(aa) include in the permit 

18 or renewal such standards and 

19 requirements (including addi20 tional controls or pollution pre21 vention requirements) as the per22 mitting authority determines to 

23 be necessary to ensure a reason24 able certainty of no such harm; 

25 or 


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1 ‘‘(bb) if the permitting au2 thority determines that standards 

3 and requirements described in 

4 item (aa) would not be sufficient 

5 to ensure a reasonable certainty 

6 of no such harm, deny the 

7 issuance or renewal of the per8 mit; 

9 ‘‘(III) determine whether the ap10 plicant is a persistent violator, based 

11 on such criteria relating to the history 

12 of compliance by an applicant with 

13 this Act as the Administrator shall es14 tablish by not later than 180 days 

15 after the date of enactment of the En16 vironmental Justice for All Act; 

17 ‘‘(IV) if the permitting authority 

18 determines under subclause (III) that 

19 the applicant is a persistent violator 

20 and the permitting authority does not 

21 deny the issuance or renewal of the 

22 permit pursuant to subclause 

23 (II)(bb)— 

24 ‘‘(aa) require the applicant 

25 to submit a plan that describes— 


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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 


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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 


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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 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021

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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 regula7 tions required by section 502(b) shall include a re8 quirement that an applicant for a permit or renewal 

9 of a permit for a major source shall submit, together 

10 with the compliance plan required under this sub11 section, a cumulative impacts analysis for each cen12 sus block group or Tribal census block group (as 

13 those terms are defined by the Director of the Bu14 reau of the Census) located in, or immediately adja15 cent to, the area in which the major source is, or is 

16 proposed to be, located that analyzes— 

17 ‘‘(A) community demographics and loca18 tions of community exposure points, such as 

19 schools, day care centers, nursing homes, hos20 pitals, health clinics, places of religious worship, 

21 parks, playgrounds, and community centers; 

22 ‘‘(B) air quality and the potential effect on 

23 that air quality of emissions of air pollutants 

24 (including pollutants listed under section 108 or 


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1 112) from the major source, including in com2 bination with existing sources of pollutants; 

3 ‘‘(C) the potential effects on soil quality 

4 and water quality of emissions of lead and other 

5 air pollutants that could contaminate soil or 

6 water from the major source, including in com7 bination with existing sources of pollutants; and 

8 ‘‘(D) public health and any potential ef9 fects on public health from the major source.’’. 

10 SEC. 8. WHITE HOUSE ENVIRONMENTAL JUSTICE INTER11 AGENCY COUNCIL. 

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

13 within the Executive Office of the President a White 

14 House Environmental Justice Interagency Council. 

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

16 interagency council are— 

17 (1) to improve coordination and collaboration 

18 among Federal agencies and to help advise and as19 sist Federal agencies in identifying and addressing, 

20 as appropriate, the disproportionate human health 

21 and environmental effects of Federal programs, poli22 cies, practices, and activities on communities of 

23 color, low-income communities, and Tribal and In24 digenous communities; 


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1 (2) to promote meaningful involvement and due 

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

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

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

10 (4) to address environmental health, pollution, 

11 and public health burdens in environmental justice 

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

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

15 current and historical environmental injustice, in 

16 consultation with the National Environmental Jus17 tice Advisory Council and local environmental justice 

18 leaders, that includes— 

19 (A) clear performance metrics to ensure 

20 accountability; and 

21 (B) an annually published public perform22 ance scorecard on the implementation of the 

23 White House interagency council. 


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1 (c) COMPOSITION.—The White House interagency 

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

3 designee): 

4 (1) The Secretary of Agriculture. 

5 (2) The Secretary of Commerce. 

6 (3) The Secretary of Defense. 

7 (4) The Secretary of Education. 

8 (5) The Secretary of Energy. 

9 (6) The Secretary of Health and Human Serv10 ices. 

11 (7) The Secretary of Homeland Security. 

12 (8) The Secretary of Housing and Urban Devel13 opment. 

14 (9) The Secretary of the Interior. 

15 (10) The Attorney General. 

16 (11) The Secretary of Labor. 

17 (12) The Secretary of Transportation. 

18 (13) The Administrator of the Environmental 

19 Protection Agency. 

20 (14) The Director of the Office of Management 

21 and Budget. 

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

23 Technology Policy. 

24 (16) The Deputy Assistant to the President for 

25 Environmental Policy. 


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1 (17) The Assistant to the President for Domes2 tic Policy. 

3 (18) The Director of the National Economic 

4 Council. 

5 (19) The Chairperson of the Council on Envi6 ronmental Quality. 

7 (20) The Chairperson of the Council of Eco8 nomic Advisers. 

9 (21) The Director of the National Institutes of 

10 Health. 

11 (22) The Director of the Office of Environ12 mental Justice. 

13 (23) The Chairperson of the Consumer Product 

14 Safety Commission. 

15 (24) The Chairperson of the Chemical Safety 

16 Board. 

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

18 (26) The Assistant Secretary of the Bureau of 

19 Indian Affairs. 

20 (27) The Chairperson of the National Environ21 mental Justice Advisory Council. 

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

23 President may designate. 


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

2 on Environmental Quality shall serve as Chairperson of 

3 the White House interagency council. 

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

5 interagency council shall report to the President through 

6 the Chairperson of the Council on Environmental Quality. 

7 (f) UNIFORM CONSIDERATION GUIDANCE.— 

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

9 common level of understanding of terminology used 

10 in dealing with environmental justice issues, not 

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

12 Act, after coordinating with and conducting outreach 

13 to environmental justice communities, State govern14 ments, Tribal Governments, and local governments, 

15 the White House interagency council shall develop 

16 and publish in the Federal Register a guidance doc17 ument to assist Federal agencies in defining and ap18 plying the following terms: 

19 (A) Health disparities. 

20 (B) Environmental exposure disparities. 

21 (C) Demographic characteristics, including 

22 age, sex, and race or ethnicity. 

23 (D) Social stressors, including poverty, 

24 housing quality, access to health care, edu25 cation, immigration status, linguistic isolation, 


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1 historical trauma, and lack of community re2 sources. 

3 (E) Cumulative impacts or risks. 

4 (F) Community vulnerability or suscepti5 bility to adverse human health and environ6 mental effects (including climate change). 

7 (G) Barriers to meaningful involvement in 

8 the development, implementation, and enforce9 ment of environmental laws. 

10 (H) Community capacity to address envi11 ronmental concerns, including the capacity to 

12 obtain equitable access to environmental amen13 ities. 

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

15 less than 30 days, the White House interagency 

16 council shall seek public comment on the guidance 

17 document developed under paragraph (1). 

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

19 after the date of publication of the guidance docu20 ment under paragraph (1), the head of each Federal 

21 agency participating in the White House interagency 

22 council shall document the ways in which the Fed23 eral agency will incorporate guidance from the docu24 ment into the environmental justice strategy of the 


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1 Federal agency developed and finalized under section 

2 9(b). 

3 (g) DEVELOPMENT OF INTERAGENCY FEDERAL EN4 VIRONMENTAL JUSTICE STRATEGY.— 

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

6 once every 3 years, after notice and opportunity for 

7 public comment, the White House interagency coun8 cil shall update a coordinated interagency Federal 

9 environmental justice strategy to address current 

10 and historical environmental injustice. 

11 (2) DEVELOPMENT OF STRATEGY.—In carrying 

12 out paragraph (1), the White House interagency 

13 council shall— 

14 (A) consider the most recent environmental 

15 justice strategy of each Federal agency that 

16 participates in the White House interagency 

17 council that is developed and finalized under 

18 section 9(b); 

19 (B) consult with the National Environ20 mental Justice Advisory Council and local envi21 ronmental justice leaders; and 

22 (C) include in the interagency Federal en23 vironmental justice strategy clear performance 

24 metrics to ensure accountability. 


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1 (3) ANNUAL PERFORMANCE SCORECARD.—The 

2 White House interagency council shall annually pub3 lish a public performance scorecard on the imple4 mentation of the interagency Federal environmental 

5 justice strategy. 

6 (h) SUBMISSION OF REPORT TO PRESIDENT.— 

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

8 after updating the interagency Federal environ9 mental justice strategy under subsection (g)(1), the 

10 White House interagency council shall submit to the 

11 President a report that contains— 

12 (A) a description of the implementation of 

13 the interagency Federal environmental justice 

14 strategy; and 

15 (B) a copy of the finalized environmental 

16 justice strategy of each Federal agency that 

17 participates in the White House interagency 

18 council that is developed and finalized under 

19 section 9(b). 

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

21 Federal agency that participates in the White House 

22 interagency council shall make the report described 

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

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

25 each Federal agency). 


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1 (i) ADMINISTRATION.— 

2 (1) OFFICE OF ADMINISTRATION.—The Office 

3 of Administration within the Executive Office of the 

4 President shall provide funding and administrative 

5 support for the White House interagency council, to 

6 the extent permitted by law and within existing ap7 propriations. 

8 (2) OTHER AGENCIES.—To the extent per9 mitted by law, including section 1535 of title 31, 

10 United States Code (commonly known as the ‘‘Econ11 omy Act’’), and subject to the availability of appro12 priations, the Secretary of Labor, the Secretary of 

13 Transportation, and the Administrator of the Envi14 ronmental Protection Agency shall provide adminis15 trative support for the White House interagency 

16 council, as necessary. 

17 (j) MEETINGS AND STAFF.— 

18 (1) CHAIRPERSON.—The Chairperson of the 

19 Council on Environmental Quality shall— 

20 (A) convene regular meetings of the White 

21 House interagency council; 

22 (B) determine the agenda of the White 

23 House interagency council in accordance with 

24 this section; and 


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1 (C) direct the work of the White House 

2 interagency council. 

3 (2) EXECUTIVE DIRECTOR.—The Chairperson 

4 of the Council on Environmental Quality shall des5 ignate an Executive Director of the White House 

6 interagency council, who shall coordinate the work 

7 of, and head any staff assigned to, the White House 

8 interagency council. 

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

10 House interagency council, the head of each agency de11 scribed in subsection (c) shall assign a designated official 

12 within the agency to be an Environmental Justice Officer, 

13 with the authority— 

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

15 interagency council; and 

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

17 implementation of this section within the agency as 

18 the head of the agency determines to be appropriate. 

19 (l) ESTABLISHMENT OF SUBGROUPS.—At the direc20 tion of the Chairperson of the Council on Environmental 

21 Quality, the White House interagency council may estab22 lish 1 or more subgroups consisting exclusively of White 

23 House interagency council members or their designees 

24 under this section, as appropriate. 


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1 SEC. 9. FEDERAL AGENCY ACTIONS AND RESPONSIBIL2 ITIES. 

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

4 that participates in the White House interagency council 

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

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

7 potential to adversely affect, human health or the environ8 ment in a manner that ensures that each such program, 

9 policy, practice, or activity does not have an effect of ex10 cluding any individual from participating in, denying any 

11 individual the benefits of, or subjecting any individual to 

12 discrimination or disparate impact under, such program, 

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

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

15 of the individual. 

16 (b) FEDERAL AGENCY ENVIRONMENTAL JUSTICE

17 STRATEGIES.— 

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

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

20 and opportunity for public comment, each Federal 

21 agency that participates in the White House inter22 agency council shall develop and finalize an agency23 wide environmental justice strategy that— 

24 (A) identifies staff to support implementa25 tion of the Federal agency’s environmental jus26 tice strategy; 


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1 (B) identifies and addresses any dispropor2 tionately high or adverse human health or envi3 ronmental effects of its programs, policies, 

4 practices, and activities on— 

5 (i) communities of color; 

6 (ii) low-income communities; and 

7 (iii) Tribal and Indigenous commu8 nities; and 

9 (C) complies with each requirement de10 scribed in paragraph (2). 

11 (2) CONTENTS.—Each environmental justice 

12 strategy developed by a Federal agency under para13 graph (1) shall contain— 

14 (A) an assessment that identifies each pro15 gram, policy, practice, and activity (including 

16 any public participation process) of the Federal 

17 agency, relating to human health or the envi18 ronment that the Federal agency determines 

19 should be revised— 

20 (i) to ensure that all persons have the 

21 same degree of protection from environ22 mental and health hazards; 

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1 ment, implementation, and enforcement of 

2 all Federal laws; 

3 (iii) to improve direct guidance and 

4 technical assistance to environmental jus5 tice communities with respect to the under6 standing of the science, regulations, and 

7 policy related to Federal agency action on 

8 environmental justice issues; 

9 (iv) to improve cooperation with State 

10 governments, Tribal Governments, and 

11 local governments to address pollution and 

12 public health burdens in environmental jus13 tice communities, and build healthy, sus14 tainable, and resilient communities; 

15 (v) to improve Federal research and 

16 data collection efforts related to— 

17 (I) the health and environment of 

18 communities of color, low-income com19 munities, and Tribal and Indigenous 

20 communities; 

21 (II) climate change; and 

22 (III) the inequitable distribution 

23 of burdens and benefits of the man24 agement and use of natural resources, 


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1 including water, minerals, and land; 

2 and 

3 (vi) to reduce or eliminate dispropor4 tionately adverse human health or environ5 mental effects on communities of color, 

6 low-income communities, and Tribal and 

7 Indigenous communities; and 

8 (B) a timetable for the completion of— 

9 (i) each revision identified under sub10 paragraph (A); and 

11 (ii) an assessment of the economic 

12 and social implications of each revision 

13 identified under subparagraph (A). 

14 (3) REPORTS.— 

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

16 years after the finalization of an environmental 

17 justice strategy under this subsection, and an18 nually thereafter, a Federal agency that partici19 pates in the White House interagency council 

20 shall submit to the White House interagency 

21 council a report describing the progress of the 

22 Federal agency in implementing the environ23 mental justice strategy of the Federal agency. 

24 (B) PERIODIC REPORTS.—In addition to 

25 the annual reports described in subparagraph 


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

2 House interagency council, a Federal agency 

3 shall submit to the White House interagency 

4 council a report that contains such information 

5 as the White House interagency council may re6 quire. 

7 (4) REVISION OF AGENCYWIDE ENVIRON8 MENTAL JUSTICE STRATEGY.—Not later than 5 

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

10 Federal agency that participates in the White House 

11 interagency council shall— 

12 (A) evaluate and revise the environmental 

13 justice strategy of the Federal agency; and 

14 (B) submit to the White House inter15 agency council a copy of the revised version of 

16 the environmental justice strategy of the Fed17 eral agency. 

18 (5) PETITION.— 

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

20 agency may submit to the President a petition 

21 for an exemption of any requirement described 

22 in this section with respect to any program or 

23 activity of the Federal agency if the head of the 

24 Federal agency determines that complying with 


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1 such requirement would compromise the agen2 cy’s ability to carry out its core missions. 

3 (B) AVAILABILITY TO PUBLIC.—Each peti4 tion submitted by a Federal agency to the 

5 President under subparagraph (A) shall be 

6 made available to the public (including through 

7 a description of the petition on the website of 

8 the Federal agency). 

9 (C) CONSIDERATION.—In determining 

10 whether to grant a petition for an exemption 

11 submitted by a Federal agency to the President 

12 under subparagraph (A), the President shall 

13 make a decision that reflects both the merits of 

14 the specific case and the broader national inter15 est in breaking cycles of environmental injus16 tice, and shall consider whether the granting of 

17 the petition would likely— 

18 (i) result in disproportionately adverse 

19 human health or environmental effects on 

20 communities of color, low-income commu21 nities, and Tribal and Indigenous commu22 nities; or 

23 (ii) exacerbate, or fail to ameliorate, 

24 any disproportionately adverse human 

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1 munity of color, low-income community, or 

2 Tribal and Indigenous community. 

3 (D) APPEAL.— 

4 (i) IN GENERAL.—Not later than 90 

5 days after the date on which the President 

6 approves a petition under this paragraph, 

7 an individual may appeal the decision of 

8 the President to approve the petition. 

9 (ii) WRITTEN APPEAL.— 

10 (I) IN GENERAL.—To appeal a 

11 decision of the President under clause 

12 (i), an individual shall submit a writ13 ten appeal to— 

14 (aa) the Council on Environ15 mental Quality; 

16 (bb) the Deputy Assistant to 

17 the President for Environmental 

18 Policy; or 

19 (cc) the Assistant to the 

20 President for Domestic Policy. 

21 (II) CONTENTS.—A written ap22 peal shall contain a description of 

23 each reason why the exemption that is 

24 the subject of the petition is unneces25 sary. 


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1 (iii) REQUIREMENT OF PRESIDENT.— 

2 Not later than 90 days after the date on 

3 which an agency or officer described in 

4 clause (ii)(I) receives a written appeal sub5 mitted by an individual under that clause, 

6 the President shall provide to the indi7 vidual a written notification describing the 

8 decision of the President with respect to 

9 the appeal. 

10 (c) HUMAN HEALTH AND ENVIRONMENTAL RE11 SEARCH, DATA COLLECTION, AND ANALYSIS.— 

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

13 maximum extent practicable and permitted by appli14 cable law, shall— 

15 (A) in conducting environmental, public ac16 cess, or human health research, include diverse 

17 segments of the population in epidemiological 

18 and clinical studies, including segments at high 

19 risk from environmental hazards, such as com20 munities of color, low-income communities, and 

21 Tribal and Indigenous communities; 

22 (B) in conducting environmental or human 

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1 bated risks due to current and future climate 

2 impacts; and 

3 (C) actively encourage and solicit commu4 nity-based science, and provide to communities 

5 of color, low-income communities, and Tribal 

6 and Indigenous communities the opportunity to 

7 comment on and participate in the development 

8 and design of research strategies carried out 

9 pursuant to this Act. 

10 (2) DISPROPORTIONATE IMPACT.—To the max11 imum extent practicable and permitted by applicable 

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

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

14 Federal agency shall— 

15 (A) collect, maintain, and analyze informa16 tion assessing and comparing environmental 

17 and human health risks borne by populations 

18 identified by race, national origin, income, or 

19 other readily available and appropriate informa20 tion; and 

21 (B) use that information to determine 

22 whether the programs, policies, and activities of 

23 the Federal agency have disproportionally ad24 verse human health or environmental effects on 


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1 communities of color, low-income communities, 

2 and Tribal and Indigenous communities. 

3 (3) INFORMATION RELATING TO NON-FEDERAL

4 FACILITIES.—In connection with the implementation 

5 of Federal agency environmental justice strategies 

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

7 maximum extent practicable and permitted by appli8 cable law, shall collect, maintain, and analyze infor9 mation relating to the race, national origin, and in10 come level, and other readily accessible and appro11 priate information, for communities of color, low-in12 come communities, and Tribal and Indigenous com13 munities in proximity to any facility or site expected 

14 to have a substantial environmental, human health, 

15 or economic effect on the surrounding populations, if 

16 the facility or site becomes the subject of a substan17 tial Federal environmental administrative or judicial 

18 action. 

19 (4) IMPACT FROM FEDERAL FACILITIES.—Each 

20 Federal agency, to the maximum extent practicable 

21 and permitted by applicable law, shall collect, main22 tain, and analyze information relating to the race, 

23 national origin, and income level, and other readily 

24 accessible and appropriate information, for commu25 nities of color, low-income communities, and Tribal 


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1 and Indigenous communities in proximity to any fa2 cility of the Federal agency that is— 

3 (A) subject to the reporting requirements 

4 under the Emergency Planning and Community 

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

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

7 (42 U.S.C. 4321 note; relating to Federal ac8 tions to address environmental justice in minor9 ity populations and low-income populations); 

10 and 

11 (B) expected to have a substantial environ12 mental, human health, or economic effect on 

13 surrounding populations. 

14 (d) CONSUMPTION OF FISH AND WILDLIFE.— 

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

16 develop, publish (unless prohibited by law), and re17 vise, as practicable and appropriate, guidance on ac18 tions of the Federal agency that will impact fish and 

19 wildlife consumed by populations that principally 

20 rely on fish or wildlife for subsistence. 

21 (2) REQUIREMENT.—The guidance described in 

22 paragraph (1) shall— 

23 (A) reflect the latest scientific information 

24 available concerning methods for evaluating the 

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1 sumption of pollutant-bearing fish or wildlife; 

2 and 

3 (B) publish the risks of such consumption 

4 patterns. 

5 (e) MAPPING AND SCREENING TOOL.—The Adminis6 trator shall make available to the public an environmental 

7 justice mapping and screening tool (such as EJScreen or 

8 an equivalent tool) that includes, at a minimum, the fol9 lowing features: 

10 (1) Nationally consistent data. 

11 (2) Environmental data. 

12 (3) Demographic data, including data relating 

13 to race, ethnicity, and income. 

14 (4) Capacity to produce maps and reports by 

15 geographical area. 

16 (5) Data on national parks and other federally 

17 protected natural, historic, and cultural sites. 

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

19 Any person may commence a civil action— 

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

21 action under this section (including regulations pro22 mulgated pursuant to this section); or 

23 (2) otherwise to ensure compliance with this 

24 section (including regulations promulgated pursuant 

25 to this section). 


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

2 section, each Federal agency, to the maximum extent 

3 practicable and permitted by applicable law, shall share 

4 information and eliminate unnecessary duplication of ef5 forts through the use of existing data systems and cooper6 ative agreements among Federal agencies and with State, 

7 local, and Tribal governments. 

8 (h) CODIFICATION OF GUIDANCE.— 

9 (1) COUNCIL ON ENVIRONMENTAL QUALITY.— 

10 Sections II and III of the guidance issued by the 

11 Council on Environmental Quality entitled ‘‘Environ12 mental Justice Guidance Under the National Envi13 ronmental Policy Act’’ and dated December 10, 

14 1997, are enacted into law. 

15 (2) ENVIRONMENTAL PROTECTION AGENCY.— 

16 The guidance issued by the Environmental Protec17 tion Agency entitled ‘‘EPA Policy on Consultation 

18 and Coordination with Indian Tribes: Guidance for 

19 Discussing Tribal Treaty Rights’’ and dated Feb20 ruary 2016 is enacted into law. 

21 SEC. 10. OMBUDS. 

22 (a) ESTABLISHMENT.—The Administrator shall es23 tablish within the Environmental Protection Agency a po24 sition of Environmental Justice Ombuds. 


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1 (b) REPORTING.—The Environmental Justice 

2 Ombuds shall— 

3 (1) report directly to the Administrator; and 

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

5 Environmental Justice of the Environmental Protec6 tion Agency. 

7 (c) FUNCTIONS.—The Environmental Justice 

8 Ombuds shall— 

9 (1) in coordination with the Inspector General 

10 of the Environmental Protection Agency, establish 

11 an independent, neutral, accessible, confidential, and 

12 standardized process— 

13 (A) to receive, review, and process com14 plaints and allegations with respect to environ15 mental justice programs and activities of the 

16 Environmental Protection Agency; and 

17 (B) to assist individuals in resolving com18 plaints and allegations described in subpara19 graph (A); 

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

21 make recommendations to the Administrator to ad22 dress recurring and chronic complaints regarding 

23 specific environmental justice programs and activi24 ties of the Environmental Protection Agency identi25 fied by the Ombuds pursuant to paragraph (1); 


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1 (3) review the Environmental Protection Agen2 cy’s compliance with policies and standards of the 

3 Environmental Protection Agency with respect to its 

4 environmental justice programs and activities; and 

5 (4) produce an annual report that details the 

6 findings of the regional staff, feedback received from 

7 environmental justice communities, and rec8 ommendations to increase cooperation between the 

9 Environmental Protection Agency and environmental 

10 justice communities. 

11 (d) AVAILABILITY OF REPORT.—The Administrator 

12 shall make each report produced pursuant to subsection 

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

14 the report on the website of the Environmental Protection 

15 Agency). 

16 (e) REGIONAL STAFF.— 

17 (1) AUTHORITY OF ENVIRONMENTAL JUSTICE

18 OMBUDS.—The Administrator shall allow the Envi19 ronmental Justice Ombuds to hire such staff as the 

20 Environmental Justice Ombuds determines to be 

21 necessary to carry out at each regional office of the 

22 Environmental Protection Agency the functions of 

23 the Environmental Justice Ombuds described in sub24 section (c). 


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1 (2) PURPOSES.—Staff hired pursuant to para2 graph (1) shall— 

3 (A) foster cooperation between the Envi4 ronmental Protection Agency and environ5 mental justice communities; 

6 (B) consult with environmental justice 

7 communities on the development of policies and 

8 programs of the Environmental Protection 

9 Agency; 

10 (C) receive feedback from environmental 

11 justice communities on the performance of the 

12 Environmental Protection Agency; and 

13 (D) compile and submit to the Environ14 mental Justice Ombuds such information as 

15 may be necessary for the Ombuds to produce 

16 the annual report described in subsection (c). 

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

18 hired by the Environmental Justice Ombuds under 

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

20 of the Environmental Protection Agency. 

21 SEC. 11. ACCESS TO PARKS, OUTDOOR SPACES, AND PUB22 LIC RECREATION OPPORTUNITIES. 

23 (a) DEFINITIONS.—In this section: 

24 (1) ELIGIBLE ENTITY.— 


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1 (A) IN GENERAL.—The term ‘‘eligible enti2 ty’’ means— 

3 (i) a State; 

4 (ii) a political subdivision of a State, 

5 including— 

6 (I) a city; and 

7 (II) a county; 

8 (iii) a special purpose district, includ9 ing park districts; and 

10 (iv) an Indian Tribe. 

11 (B) POLITICAL SUBDIVISIONS AND INDIAN

12 TRIBES.—A political subdivision of a State or 

13 an Indian Tribe shall be considered an eligible 

14 entity only if the political subdivision or Indian 

15 Tribe represents or otherwise serves a quali16 fying urban area. 

17 (2) OUTDOOR RECREATION LEGACY PARTNER18 SHIP GRANT PROGRAM.—The term ‘‘Outdoor Recre19 ation Legacy Partnership Grant Program’’ means 

20 the program established under subsection (b). 

21 (3) QUALIFYING URBAN AREA.—The term 

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

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

24 recent census. 


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

2 the Secretary of the Interior. 

3 (b) ESTABLISHMENT.—The Secretary shall establish 

4 an outdoor recreation legacy partnership grant program 

5 under which the Secretary may award grants to eligible 

6 entities for projects— 

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

8 other outdoor recreation purposes; 

9 (2) to develop new or renovate existing outdoor 

10 recreation facilities; and 

11 (3) to develop projects that provide opportuni12 ties for outdoor education and public land vol13 unteerism. 

14 (c) MATCHING REQUIREMENT.— 

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

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

17 provide matching funds in the form of cash or an in18 kind contribution in an amount equal to not less 

19 than 100 percent of the amounts made available 

20 under the grant. 

21 (2) SOURCES.—The matching amounts referred 

22 to in paragraph (1) may include amounts made 

23 available from State, local, nongovernmental, or pri24 vate sources. 


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

2 part of the matching requirement under paragraph 

3 (1) if the Secretary determines that— 

4 (A) no reasonable means are available 

5 through which an applicant can meet the 

6 matching requirement; and 

7 (B) the probable benefit of the project out8 weighs the public interest in the matching re9 quirement. 

10 (d) ELIGIBLE USES.— 

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

12 grant awarded under this section— 

13 (A) to acquire land or water that provides 

14 outdoor recreation opportunities to the public; 

15 and 

16 (B) to develop or renovate outdoor rec17 reational facilities that provide outdoor recre18 ation opportunities to the public, with priority 

19 given to projects that— 

20 (i) create or significantly enhance ac21 cess to park and recreational opportunities 

22 in an urban or suburban area that lacks 

23 access to such activities; 

24 (ii) engage and empower underserved 

25 communities and youth; 


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1 (iii) provide opportunities for youth 

2 employment or job training; 

3 (iv) establish or expand public-private 

4 partnerships, with a focus on leveraging re5 sources; and 

6 (v) take advantage of coordination 

7 among various levels of government. 

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

9 may not use grant funds for— 

10 (A) grant administration costs; 

11 (B) incidental costs related to land acquisi12 tion, including appraisal and titling; 

13 (C) operation and maintenance activities; 

14 (D) facilities that support semiprofessional 

15 or professional athletics; 

16 (E) indoor facilities, such as recreation 

17 centers or facilities that support primarily non18 outdoor purposes; or 

19 (F) acquisition of land or interests in land 

20 that restrict access to specific persons. 

21 (e) NATIONAL PARK SERVICE REQUIREMENTS.—In 

22 carrying out the Outdoor Recreation Legacy Partnership 

23 Grant Program, the Secretary shall— 

24 (1) conduct an initial screening and technical 

25 review of applications received; and 


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

3 (f) REPORTING.— 

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

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

6 lead agency that receives a grant under this section 

7 shall annually submit to the Secretary performance 

8 and financial reports that— 

9 (A) summarize project activities conducted 

10 during the report period; and 

11 (B) provide the status of the project, in12 cluding of description of how the project has 

13 improved access to parkland, open space, or 

14 recreational facilities from the community per15 spective. 

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

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

18 period or the completion of a project, each State 

19 lead agency that receives a grant under this section 

20 shall submit to the Secretary a final report con21 taining such information as the Secretary may re22 quire. 

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

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

25 1331 note) is amended— 


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

2 (2) in subparagraph (B)— 

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

4 ‘‘20 percent’’; and 

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

6 inserting ‘‘; and’’; and 

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

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

9 Outdoor Recreation Legacy Partnership Grant 

10 Program established under section 11(b) of the 

11 Environmental Justice For All Act.’’. 

12 SEC. 12. TRANSIT TO TRAILS GRANT PROGRAM. 

13 (a) DEFINITIONS.—In this section: 

14 (1) CRITICALLY UNDERSERVED COMMUNITY.— 

15 The term ‘‘critically underserved community’’ 

16 means— 

17 (A) a community that can demonstrate to 

18 the Secretary that the community has inad19 equate, insufficient, or no park space or recre20 ation facilities, including by demonstrating— 

21 (i) quality concerns relating to the 

22 available park space or recreation facilities; 

23 (ii) the presence of recreational facili24 ties that do not serve the needs of the com25 munity; or 


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1 (iii) the inequitable distribution of 

2 park space for high-need populations, 

3 based on income, age, or other measures of 

4 vulnerability and need; 

5 (B) a community in which at least 50 percent of the population is not located within 1 6 ⁄2

7 mile of park space; 

8 (C) a community that is designated as a 

9 qualified opportunity zone under section 

10 1400Z–1 of the Internal Revenue Code of 1986; 

11 or 

12 (D) any other community that the Sec13 retary determines to be appropriate. 

14 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti15 ty’’ means— 

16 (A) a State; 

17 (B) a political subdivision of a State (in18 cluding a city or a county) that represents or 

19 otherwise serves an urban area or a rural area; 

20 (C) a special purpose district (including a 

21 park district); 

22 (D) an Indian Tribe that represents or 

23 otherwise serves an urban area or a rural area; 

24 or 


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1 (E) a metropolitan planning organization 

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

3 States Code). 

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

5 the Transit to Trails Grant Program established 

6 under subsection (b)(1). 

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

8 means a community that is not an urban area. 

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

10 the Secretary of Transportation. 

11 (6) TRANSPORTATION CONNECTOR.— 

12 (A) IN GENERAL.—The term ‘‘transpor13 tation connector’’ means a system that— 

14 (i) connects 2 ZIP Codes or commu15 nities within a 175-mile radius of a des16 ignated service area; and 

17 (ii) offers rides available to the public. 

18 (B) INCLUSIONS.—The term ‘‘transpor19 tation connector’’ includes microtransits, bus 

20 lines, bus rails, light rail, rapid transits, or per21 sonal rapid transits. 

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

23 means a community that— 

24 (A) is densely developed; 


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1 (B) has residential, commercial, and other 

2 nonresidential areas; and 

3 (C)(i) is an urbanized area with a popu4 lation of 50,000 or more; or 

5 (ii) is an urban cluster with a population 

6 of— 

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

8 (II) not more than 50,000. 

9 (b) GRANT PROGRAM.— 

10 (1) ESTABLISHMENT.—The Secretary shall es11 tablish a grant program, to be known as the ‘‘Tran12 sit to Trails Grant Program’’, under which the Sec13 retary shall award grants to eligible entities for— 

14 (A) projects that develop transportation 

15 connectors or routes in or serving, and related 

16 education materials for, critically underserved 

17 communities to increase access and mobility to 

18 Federal or non-Federal public land, waters, 

19 parkland, or monuments; or 

20 (B) projects that facilitate transportation 

21 improvements to enhance access to Federal or 

22 non-Federal public land and recreational oppor23 tunities in critically underserved communities. 

24 (2) ADMINISTRATION.— 


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1 (A) IN GENERAL.—The Secretary shall ad2 minister the program to assist eligible entities 

3 in the development of transportation connectors 

4 or routes in or serving, and related education 

5 materials for, critically underserved commu6 nities and Federal or non-Federal public land, 

7 waters, parkland, and monuments. 

8 (B) JOINT PARTNERSHIPS.—The Secretary 

9 shall encourage joint partnership projects under 

10 the program, if available, among multiple agen11 cies, including school districts, nonprofit organi12 zations, metropolitan planning organizations, 

13 regional transportation authorities, transit 

14 agencies, and State and local governmental 

15 agencies (including park and recreation agen16 cies and authorities) to enhance investment of 

17 public sources. 

18 (C) ANNUAL GRANT PROJECT PROPOSAL

19 SOLICITATION, REVIEW, AND APPROVAL.— 

20 (i) IN GENERAL.—The Secretary 

21 shall— 

22 (I) annually solicit the submis23 sion of project proposals for grants 

24 from eligible entities under the pro25 gram; and 


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1 (II) review each project proposal 

2 submitted under subclause (I) on a 

3 timeline established by the Secretary. 

4 (ii) REQUIRED ELEMENTS FOR

5 PROJECT PROPOSAL.—A project proposal 

6 submitted under clause (i)(I) shall in7 clude— 

8 (I) a statement of the purposes 

9 of the project; 

10 (II) the name of the entity or in11 dividual with overall responsibility for 

12 the project; 

13 (III) a description of the quali14 fications of the entity or individuals 

15 identified under subclause (II); 

16 (IV) a description of— 

17 (aa) staffing and stake18 holder engagement for the 

19 project; 

20 (bb) the logistics of the 

21 project; and 

22 (cc) anticipated outcomes of 

23 the project; 


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1 (V) a proposed budget for the 

2 funds and time required to complete 

3 the project; 

4 (VI) information regarding the 

5 source and amount of matching fund6 ing available for the project; 

7 (VII) information that dem8 onstrates the clear potential of the 

9 project to contribute to increased ac10 cess to parkland for critically under11 served communities; and 

12 (VIII) any other information that 

13 the Secretary considers to be nec14 essary for evaluating the eligibility of 

15 the project for funding under the pro16 gram. 

17 (iii) CONSULTATION; APPROVAL OR

18 DISAPPROVAL.—The Secretary shall, with 

19 respect to each project proposal submitted 

20 under this subparagraph, as appropriate— 

21 (I) consult with the government 

22 of each State in which the proposed 

23 project is to be conducted; 

24 (II) after taking into consider25 ation any comments resulting from 


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1 the consultation under subclause (I), 

2 approve or disapprove the proposal; 

3 and 

4 (III) provide written notification 

5 of the approval or disapproval to— 

6 (aa) the individual or entity 

7 that submitted the proposal; and 

8 (bb) each State consulted 

9 under subclause (I). 

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

11 in determining whether to approve project pro12 posals under the program, the Secretary shall 

13 prioritize projects that are designed to increase 

14 access and mobility to local or neighborhood 

15 Federal or non-Federal public land, waters, 

16 parkland, monuments, or recreational opportu17 nities. 

18 (3) TRANSPORTATION PLANNING PROCE19 DURES.— 

20 (A) PROCEDURES.—In consultation with 

21 the head of each appropriate Federal land man22 agement agency, the Secretary shall develop, by 

23 rule, transportation planning procedures for 

24 projects conducted under the program that are 


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1 consistent with metropolitan and statewide 

2 planning processes. 

3 (B) REQUIREMENTS.—All projects carried 

4 out under the program shall be developed in co5 operation with States and metropolitan plan6 ning organizations. 

7 (4) NON-FEDERAL CONTRIBUTIONS.— 

8 (A) IN GENERAL.—As a condition of re9 ceiving a grant under the program, an eligible 

10 entity shall provide funds in the form of cash 

11 or an in-kind contribution in an amount equal 

12 to not less than 100 percent of the amount of 

13 the grant. 

14 (B) SOURCES.—The non-Federal contribu15 tion required under subparagraph (A) may in16 clude amounts made available from State, local, 

17 nongovernmental, or private sources. 

18 (5) ELIGIBLE USES.—Grant funds provided 

19 under the program may be used— 

20 (A) to develop transportation connectors or 

21 routes in or serving, and related education ma22 terials for, critically underserved communities 

23 to increase access and mobility to Federal and 

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

25 monuments; and 


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1 (B) to create or significantly enhance ac2 cess to Federal or non-Federal public land and 

3 recreational opportunities in an urban area or 

4 a rural area. 

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

6 the program shall be— 

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

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

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

10 of Congress that grants provided under the program 

11 deliver project funds to areas of greatest need while 

12 offering technical assistance to all applicants and po13 tential applicants for grant preparation to encourage 

14 full participation in the program. 

15 (8) PUBLIC INFORMATION.—The Secretary 

16 shall ensure that current schedules and routes for 

17 transportation systems developed after the receipt of 

18 a grant under the program are available to the pub19 lic, including on a website maintained by the recipi20 ent of a grant. 

21 (c) REPORTING REQUIREMENT.— 

22 (1) REPORTS BY GRANT RECIPIENTS.—The 

23 Secretary shall require a recipient of a grant under 

24 the program to submit to the Secretary at least 1 

25 performance and financial report that— 


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1 (A) includes— 

2 (i) demographic data on communities 

3 served by the project; and 

4 (ii) a summary of project activities 

5 conducted after receiving the grant; and 

6 (B) describes the status of each project 

7 funded by the grant as of the date of the re8 port. 

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

10 report required under paragraph (1), the Secretary 

11 may require additional reports from a recipient, as 

12 the Secretary determines to be appropriate, includ13 ing a final report. 

14 (3) DEADLINES.—The Secretary shall establish 

15 deadlines for the submission of each report required 

16 under paragraph (1) or (2). 

17 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

18 authorized to be appropriated to carry out this section 

19 $10,000,000 for each fiscal year. 

20 SEC. 13. REPEAL OF SUNSET FOR THE EVERY KID OUT21 DOORS PROGRAM. 

22 Section 9001(b) of the John D. Dingell, Jr. Con23 servation, Management, and Recreation Act (16 U.S.C. 

24 6804 note; Public Law 116–9) is amended by striking 

25 paragraph (5). 


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1 SEC. 14. PROTECTIONS FOR ENVIRONMENTAL JUSTICE 

2 COMMUNITIES AGAINST HARMFUL FEDERAL 

3 ACTIONS. 

4 (a) PURPOSE.—The purpose of this section is to es5 tablish additional protections relating to Federal actions 

6 affecting environmental justice communities in recognition 

7 of the disproportionate burden of adverse human health 

8 or environmental effects faced by such communities. 

9 (b) DEFINITIONS.—In this section: 

10 (1) ENVIRONMENTAL IMPACT STATEMENT.— 

11 The term ‘‘environmental impact statement’’ means 

12 the detailed statement of environmental impacts of 

13 a proposed action required to be prepared pursuant 

14 to the National Environmental Policy Act of 1969 

15 (42 U.S.C. 4321 et seq.). 

16 (2) FEDERAL ACTION.—The term ‘‘Federal ac17 tion’’ means a proposed action that requires the 

18 preparation of an environmental impact statement, 

19 environmental assessment, categorical exclusion, or 

20 other document under the National Environmental 

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

22 (c) PREPARATION OF A COMMUNITY IMPACT RE23 PORT.—A Federal agency proposing to take a Federal ac24 tion that has the potential to cause negative environmental 

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1 munity shall prepare a community impact report assessing 

2 the potential impacts of the proposed action. 

3 (d) CONTENTS.—A community impact report de4 scribed in subsection (c) shall— 

5 (1) assess the degree to which a proposed Fed6 eral action affecting an environmental justice com7 munity will cause multiple or cumulative exposure to 

8 human health and environmental hazards that influ9 ence, exacerbate, or contribute to adverse health out10 comes; 

11 (2) assess relevant public health data and in12 dustry data concerning the potential for multiple or 

13 cumulative exposure to human health or environ14 mental hazards in the area of the environmental jus15 tice community and historical patterns of exposure 

16 to environmental hazards and Federal agencies shall 

17 assess these multiple, or cumulative effects, even if 

18 certain effects are not within the control or subject 

19 to the discretion of the Federal agency proposing the 

20 Federal action; 

21 (3) assess the impact of such proposed Federal 

22 action on such environmental justice community’s 

23 ability to access public parks, outdoor spaces, and 

24 public recreation opportunities; 


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1 (4) evaluate alternatives to or mitigation meas2 ures for the proposed Federal action that will— 

3 (A) eliminate or reduce any identified ex4 posure to human health and environmental haz5 ards described in paragraph (1) to a level that 

6 is reasonably expected to avoid human health 

7 impacts in environmental justice communities; 

8 and 

9 (B) not negatively impact an environ10 mental justice community’s ability to access 

11 public parks, outdoor spaces, and public recre12 ation opportunities; and 

13 (5) analyze any alternative developed by mem14 bers of an affected environmental justice community 

15 that meets the purpose and need of the proposed ac16 tion. 

17 (e) DELEGATION.—Federal agencies shall not dele18 gate responsibility for the preparation of a community im19 pact report described in subsection (c) to any other entity. 

20 (f) NATIONAL ENVIRONMENTAL POLICY ACT RE21 QUIREMENTS FOR ENVIRONMENTAL JUSTICE COMMU22 NITIES.—When carrying out the requirements of the Na23 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

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


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1 environmental justice community, a Federal agency 

2 shall— 

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

4 cumulative impacts caused by the action, alter5 natives to such action, and mitigation measures on 

6 the environmental justice community required by 

7 that Act; 

8 (2) require any public comment period carried 

9 out during the scoping phase of the environmental 

10 review process to be not less than 90 days; 

11 (3) provide early and meaningful community in12 volvement opportunities by— 

13 (A) holding multiple hearings in such com14 munity regarding the proposed Federal action 

15 in each prominent language within the environ16 mental justice community; and 

17 (B) providing notice of any step or action 

18 in the process under that Act that involves pub19 lic participation to any representative entities or 

20 organizations present in the environmental jus21 tice community, including— 

22 (i) local religious organizations; 

23 (ii) civic associations and organiza24 tions; 


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1 (iii) business associations of people of 

2 color; 

3 (iv) environmental and environmental 

4 justice organizations, including community5 based grassroots organizations led by peo6 ple of color; 

7 (v) homeowners’, tenants’, and neigh8 borhood watch groups; 

9 (vi) local governments and Tribal 

10 Governments; 

11 (vii) rural cooperatives; 

12 (viii) business and trade organiza13 tions; 

14 (ix) community and social service or15 ganizations; 

16 (x) universities, colleges, and voca17 tional schools; 

18 (xi) labor and other worker organiza19 tions; 

20 (xii) civil rights organizations; 

21 (xiii) senior citizens’ groups; and 

22 (xiv) public health agencies and clin23 ics; and 

24 (4) provide translations of publicly available 

25 documents made available pursuant to that Act in 


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1 any language spoken by more than 5 percent of the 

2 population residing within the environmental justice 

3 community. 

4 (g) COMMUNICATION METHODS AND REQUIRE5 MENTS.—Any notice provided under subsection (f)(3)(B) 

6 shall be provided— 

7 (1) through communication methods that are 

8 accessible in the environmental justice community, 

9 which may include electronic media, newspapers, 

10 radio, direct mailings, canvassing, and other out11 reach methods particularly targeted at communities 

12 of color, low-income communities, and Tribal and In13 digenous communities; and 

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

15 community or the start of any public comment pe16 riod. 

17 (h) REQUIREMENTS FOR ACTIONS REQUIRING AN

18 ENVIRONMENTAL IMPACT STATEMENT.—For any pro19 posed Federal action affecting an environmental justice 

20 community requiring the preparation of an environmental 

21 impact statement, the Federal agency shall provide the fol22 lowing information when giving notice of the proposed ac23 tion: 

24 (1) A description of the proposed action. 


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1 (2) An outline of the anticipated schedule for 

2 completing the process under the National Environ3 mental Policy Act of 1969 (42 U.S.C. 4321 et seq.), 

4 with a description of key milestones. 

5 (3) An initial list of alternatives and potential 

6 impacts. 

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

8 sources of multiple or cumulative exposure to envi9 ronmental hazards that contribute to higher rates of 

10 serious illnesses within the environmental justice 

11 community. 

12 (5) An agency point of contact. 

13 (6) Timely notice of locations where comments 

14 will be received or public meetings held. 

15 (7) Any telephone number or locations where 

16 further information can be obtained. 

17 (i) NATIONAL ENVIRONMENTAL POLICY ACT RE18 QUIREMENTS FOR INDIAN TRIBES.—When carrying out 

19 the requirements of the National Environmental Policy 

20 Act of 1969 (42 U.S.C. 4321 et seq.) for a proposed Fed21 eral action that may affect an Indian Tribe, a Federal 

22 agency shall— 

23 (1) seek Tribal representation in the process in 

24 a manner that is consistent with the government-to25 government relationship between the United States 


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1 and Tribal Governments, the Federal Government’s 

2 trust responsibility to federally recognized Indian 

3 Tribes, and any treaty rights; 

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

5 hold the status of a cooperating agency throughout 

6 the process under that Act for any proposed action 

7 that could impact an Indian Tribe, including actions 

8 that could impact off reservation lands and sacred 

9 sites; and 

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

11 a cooperating agency in accordance with paragraph 

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

13 process for a proposed action requiring the prepara14 tion of an environmental impact statement com15 mences. 

16 (j) AGENCY DETERMINATIONS.—Federal agency de17 terminations about the analysis of a community impact 

18 report described in subsection (c) shall be subject to judi19 cial review to the same extent as any other analysis per20 formed under the National Environmental Policy Act of 

21 1969 (42 U.S.C. 4321 et seq.). 

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

23 1 year after the date of enactment of this Act. 

24 (l) SAVINGS CLAUSE.—Nothing in this section dimin25 ishes— 


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1 (1) any right granted through the National En2 vironmental Policy Act of 1969 (42 U.S.C. 4321 et 

3 seq.) to the public; or 

4 (2) the requirements under that Act to consider 

5 direct, indirect, and cumulative impacts. 

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

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

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

9 Department of Energy, the Environmental Protection 

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

11 Oceanic and Atmospheric Administration shall complete 

12 an environmental justice training program to ensure that 

13 each such employee— 

14 (1) has received training in environmental jus15 tice; and 

16 (2) is capable of— 

17 (A) appropriately incorporating environ18 mental justice concepts into the daily activities 

19 of the employee; and 

20 (B) increasing the meaningful participation 

21 of individuals from environmental justice com22 munities in the activities of the applicable agen23 cy. 

24 (b) MANDATORY PARTICIPATION.—Effective on the 

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


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

2 the Environmental Protection Agency, the Department of 

3 the Interior, and the National Oceanic and Atmospheric 

4 Administration after that date shall be required to partici5 pate in environmental justice training. 

6 (c) REQUIREMENT RELATING TO CERTAIN EMPLOY7 EES.— 

8 (1) IN GENERAL.—With respect to each Fed9 eral agency that participates in the Working Group, 

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

11 individual is appointed to the position of environ12 mental justice coordinator, Environmental Justice 

13 Ombuds, or any other position the responsibility of 

14 which involves the conduct of environmental justice 

15 activities, the individual shall be required to possess 

16 documentation of the completion by the individual of 

17 environmental justice training. 

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

19 paragraph (1) fails to meet the requirement de20 scribed in that paragraph, the Federal agency at 

21 which the individual is employed shall transfer the 

22 individual to a different position until the date on 

23 which the individual completes environmental justice 

24 training. 


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

2 the date of enactment of this Act, the Inspector 

3 General of each Federal agency that participates in 

4 the Working Group shall evaluate the training pro5 grams of such Federal agency to determine if such 

6 Federal agency has improved the rate of training of 

7 the employees of such Federal agency to ensure that 

8 each employee has received environmental justice 

9 training. 

10 SEC. 16. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 

11 (a) ENVIRONMENTAL JUSTICE COMMUNITY GRANT

12 PROGRAM.— 

13 (1) ESTABLISHMENT.—The Administrator shall 

14 establish a program under which the Administrator 

15 shall provide grants to eligible entities to assist the 

16 eligible entities in— 

17 (A) building capacity to address issues re18 lating to environmental justice; and 

19 (B) carrying out any activity described in 

20 paragraph (4). 

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

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

23 a nonprofit, community-based organization that con24 ducts activities, including providing medical and pre25 ventive health services, to reduce the disproporVerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021

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1 tionate health impacts of environmental pollution in 

2 the environmental justice community at which the 

3 eligible entity proposes to conduct an activity that is 

4 the subject of the application described in paragraph 

5 (3). 

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

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

8 submit to the Administrator an application at such 

9 time, in such manner, and containing such informa10 tion as the Administrator may require, including— 

11 (A) an outline describing the means by 

12 which the project proposed by the eligible entity 

13 will— 

14 (i) with respect to environmental and 

15 public health issues at the local level, in16 crease the understanding of the environ17 mental justice community at which the eli18 gible entity will conduct the project; 

19 (ii) improve the ability of the environ20 mental justice community to address each 

21 issue described in clause (i); 

22 (iii) facilitate collaboration and co23 operation among various stakeholders (in24 cluding members of the environmental jus25 tice community); and 


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1 (iv) support the ability of the environ2 mental justice community to proactively 

3 plan and implement just sustainable com4 munity development and revitalization ini5 tiatives, including countering displacement 

6 and gentrification; 

7 (B) a proposed budget for each activity of 

8 the project that is the subject of the applica9 tion; 

10 (C) a list of proposed outcomes with re11 spect to the proposed project; 

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

13 eligible entity may leverage the funds of the eli14 gible entity, or the funds made available 

15 through a grant under this subsection, to de16 velop a project that is capable of being sus17 tained beyond the period of the grant; and 

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

19 eligible entity is linked to, and representative 

20 of, the environmental justice community at 

21 which the eligible entity will conduct the 

22 project. 

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

24 only use a grant under this subsection to carry out 

25 culturally and linguistically appropriate projects and 


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1 activities that are driven by the needs, opportunities, 

2 and priorities of the environmental justice commu3 nity at which the eligible entity proposes to conduct 

4 the project or activity to address environmental jus5 tice concerns and improve the health or environment 

6 of the environmental justice community, including 

7 activities— 

8 (A) to create or develop collaborative part9 nerships; 

10 (B) to educate and provide outreach serv11 ices to the environmental justice community; 

12 (C) to identify and implement projects to 

13 address environmental or public health con14 cerns; or 

15 (D) to develop a comprehensive under16 standing of environmental or public health 

17 issues. 

18 (5) REPORT.— 

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

20 after the date of enactment of this Act, and an21 nually thereafter, the Administrator shall sub22 mit to the Committees on Energy and Com23 merce and Natural Resources of the House of 

24 Representatives and the Committees on Envi25 ronment and Public Works and Energy and 


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1 Natural Resources of the Senate a report de2 scribing the ways by which the grant program 

3 under this subsection has helped community4 based nonprofit organizations address issues re5 lating to environmental justice. 

6 (B) PUBLIC AVAILABILITY.—The Adminis7 trator shall make each report required under 

8 subparagraph (A) available to the public (in9 cluding by posting a copy of the report on the 

10 website of the Environmental Protection Agen11 cy). 

12 (6) AUTHORIZATION OF APPROPRIATIONS.— 

13 There is authorized to be appropriated to carry out 

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

15 2022 through 2026. 

16 (b) STATE GRANT PROGRAM.— 

17 (1) ESTABLISHMENT.—The Administrator shall 

18 establish a program under which the Administrator 

19 shall provide grants to States to enable the States— 

20 (A) to establish culturally and linguistically 

21 appropriate protocols, activities, and mecha22 nisms for addressing issues relating to environ23 mental justice; and 

24 (B) to carry out culturally and linguis25 tically appropriate activities to reduce or elimiVerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021

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1 nate disproportionately adverse human health 

2 or environmental effects on environmental jus3 tice communities in the State, including reduc4 ing economic vulnerabilities that result in the 

5 environmental justice communities being dis6 proportionately affected. 

7 (2) ELIGIBILITY.— 

8 (A) APPLICATION.—To be eligible to re9 ceive a grant under paragraph (1), a State shall 

10 submit to the Administrator an application at 

11 such time, in such manner, and containing such 

12 information as the Administrator may require, 

13 including— 

14 (i) a plan that contains a description 

15 of the means by which the funds provided 

16 through a grant under paragraph (1) will 

17 be used to address issues relating to envi18 ronmental justice at the State level; and 

19 (ii) assurances that the funds pro20 vided through a grant under paragraph (1) 

21 will be used only to supplement the 

22 amount of funds that the State allocates 

23 for initiatives relating to environmental 

24 justice. 


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1 (B) ABILITY TO CONTINUE PROGRAM.—To 

2 be eligible to receive a grant under paragraph 

3 (1), a State shall demonstrate to the Adminis4 trator that the State has the ability to continue 

5 each program that is the subject of funds pro6 vided through a grant under paragraph (1) 

7 after receipt of the funds. 

8 (3) REPORT.— 

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

10 after the date of enactment of this Act, and an11 nually thereafter, the Administrator shall sub12 mit to the Committees on Energy and Com13 merce and Natural Resources of the House of 

14 Representatives and the Committees on Envi15 ronment and Public Works and Energy and 

16 Natural Resources of the Senate a report de17 scribing— 

18 (i) the implementation of the grant 

19 program established under paragraph (1); 

20 (ii) the impact of the grant program 

21 on improving the ability of each partici22 pating State to address environmental jus23 tice issues; and 

24 (iii) the activities carried out by each 

25 State to reduce or eliminate disproportionVerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021

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1 ately adverse human health or environ2 mental effects on environmental justice 

3 communities in the State. 

4 (B) PUBLIC AVAILABILITY.—The Adminis5 trator shall make each report required under 

6 subparagraph (A) available to the public (in7 cluding by posting a copy of the report on the 

8 website of the Environmental Protection Agen9 cy). 

10 (4) AUTHORIZATION OF APPROPRIATIONS.— 

11 There is authorized to be appropriated to carry out 

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

13 2022 through 2026. 

14 (c) TRIBAL GRANT PROGRAM.— 

15 (1) ESTABLISHMENT.—The Administrator shall 

16 establish a program under which the Administrator 

17 shall provide grants to Tribal Governments to enable 

18 the Indian Tribes— 

19 (A) to establish culturally and linguistically 

20 appropriate protocols, activities, and mecha21 nisms for addressing issues relating to environ22 mental justice; and 

23 (B) to carry out culturally and linguis24 tically appropriate activities to reduce or elimi25 nate disproportionately adverse human health 


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1 or environmental effects on environmental jus2 tice communities in Tribal and Indigenous com3 munities, including reducing economic 

4 vulnerabilities that result in the Tribal and In5 digenous communities being disproportionately 

6 affected. 

7 (2) ELIGIBILITY.— 

8 (A) APPLICATION.—To be eligible to re9 ceive a grant under paragraph (1), a Tribal 

10 Government shall submit to the Administrator 

11 an application at such time, in such manner, 

12 and containing such information as the Admin13 istrator may require, including— 

14 (i) a plan that contains a description 

15 of the means by which the funds provided 

16 through a grant under paragraph (1) will 

17 be used to address issues relating to envi18 ronmental justice in Tribal and Indigenous 

19 communities; and 

20 (ii) assurances that the funds pro21 vided through a grant under paragraph (1) 

22 will be used only to supplement the 

23 amount of funds that the Tribal Govern24 ment allocates for initiatives relating to en25 vironmental justice. 


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1 (B) ABILITY TO CONTINUE PROGRAM.—To 

2 be eligible to receive a grant under paragraph 

3 (1), a Tribal Government shall demonstrate to 

4 the Administrator that the Tribal Government 

5 has the ability to continue each program that is 

6 the subject of funds provided through a grant 

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

8 (3) REPORT.— 

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

10 after the date of enactment of this Act, and an11 nually thereafter, the Administrator shall sub12 mit to the Committees on Energy and Com13 merce and Natural Resources of the House of 

14 Representatives and the Committees on Envi15 ronment and Public Works and Energy and 

16 Natural Resources of the Senate a report de17 scribing— 

18 (i) the implementation of the grant 

19 program established under paragraph (1); 

20 (ii) the impact of the grant program 

21 on improving the ability of each partici22 pating Indian Tribe to address environ23 mental justice issues; and 

24 (iii) the activities carried out by each 

25 Tribal Government to reduce or eliminate 


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1 disproportionately adverse human health or 

2 environmental effects on applicable envi3 ronmental justice communities in Tribal 

4 and Indigenous communities. 

5 (B) PUBLIC AVAILABILITY.—The Adminis6 trator shall make each report required under 

7 subparagraph (A) available to the public (in8 cluding by posting a copy of the report on the 

9 website of the Environmental Protection Agen10 cy). 

11 (4) AUTHORIZATION OF APPROPRIATIONS.— 

12 There is authorized to be appropriated to carry out 

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

14 2022 through 2026. 

15 (d) COMMUNITY-BASED PARTICIPATORY RESEARCH

16 GRANT PROGRAM.— 

17 (1) ESTABLISHMENT.—The Administrator, in 

18 consultation with the Director, shall establish a pro19 gram under which the Administrator shall provide 

20 not more than 25 multiyear grants to eligible enti21 ties to carry out community-based participatory re22 search— 

23 (A) to address issues relating to environ24 mental justice; 


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1 (B) to improve the environment of resi2 dents and workers in environmental justice 

3 communities; and 

4 (C) to improve the health outcomes of resi5 dents and workers in environmental justice 

6 communities. 

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

8 multiyear grant under paragraph (1), an eligible en9 tity shall be a partnership composed of— 

10 (A) an accredited institution of higher edu11 cation; and 

12 (B) a community-based organization. 

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

14 multiyear grant under paragraph (1), an eligible en15 tity shall submit to the Administrator an application 

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

17 information as the Administrator may require, in18 cluding— 

19 (A) a detailed description of the partner20 ship of the eligible entity that, as determined by 

21 the Administrator, demonstrates the participa22 tion of members of the community at which the 

23 eligible entity proposes to conduct the research; 

24 and 

25 (B) a description of— 


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1 (i) the project proposed by the eligible 

2 entity; and 

3 (ii) the ways by which the project 

4 will— 

5 (I) address issues relating to en6 vironmental justice; 

7 (II) assist in the improvement of 

8 health outcomes of residents and 

9 workers in environmental justice com10 munities; and 

11 (III) assist in the improvement of 

12 the environment of residents and 

13 workers in environmental justice com14 munities. 

15 (4) PUBLIC AVAILABILITY.—The Administrator 

16 shall make the results of the grants provided under 

17 this subsection available to the public, including by 

18 posting on the website of the Environmental Protec19 tion Agency a copy of the grant awards and an an20 nual report at the beginning of each fiscal year de21 scribing the research findings associated with each 

22 grant provided under this subsection. 

23 (5) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to carry out 


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

2 2022 through 2026. 

3 SEC. 17. ENVIRONMENTAL JUSTICE BASIC TRAINING PRO4 GRAM. 

5 (a) ESTABLISHMENT.—The Administrator shall es6 tablish a basic training program, in coordination and con7 sultation with nongovernmental environmental justice or8 ganizations, to increase the capacity of residents of envi9 ronmental justice communities to identify and address dis10 proportionately adverse human health or environmental ef11 fects by providing culturally and linguistically appro12 priate— 

13 (1) training and education relating to— 

14 (A) basic and advanced techniques for the 

15 detection, assessment, and evaluation of the ef16 fects of hazardous substances on human health; 

17 (B) methods to assess the risks to human 

18 health presented by hazardous substances; 

19 (C) methods and technologies to detect 

20 hazardous substances in the environment; 

21 (D) basic biological, chemical, and physical 

22 methods to reduce the quantity and toxicity of 

23 hazardous substances; 

24 (E) the rights and safeguards currently af25 forded to individuals through policies and laws 


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1 intended to help environmental justice commu2 nities address disparate impacts and discrimi3 nation, including— 

4 (i) environmental laws; and 

5 (ii) section 602 of the Civil Rights Act 

6 of 1964 (42 U.S.C. 2000d–1); 

7 (F) public engagement opportunities 

8 through the policies and laws described in sub9 paragraph (E); 

10 (G) materials available on the Clearing11 house; 

12 (H) methods to expand access to parks 

13 and other natural and recreational amenities; 

14 and 

15 (I) finding and applying for Federal grants 

16 related to environmental justice; and 

17 (2) short courses and continuation education 

18 programs for residents of communities who are lo19 cated in close proximity to hazardous substances to 

20 provide— 

21 (A) education relating to— 

22 (i) the proper manner to handle haz23 ardous substances; 

24 (ii) the management of facilities at 

25 which hazardous substances are located 


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1 (including facility compliance protocols); 

2 and 

3 (iii) the evaluation of the hazards that 

4 facilities described in clause (ii) pose to 

5 human health; and 

6 (B) training on environmental and occupa7 tional health and safety with respect to the pub8 lic health and engineering aspects of hazardous 

9 waste control. 

10 (b) GRANT PROGRAM.— 

11 (1) ESTABLISHMENT.—In carrying out the 

12 basic training program established under subsection 

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

14 enter into any contract or cooperative agreement 

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

16 educational activity described in subsection (a). 

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

18 assistance under paragraph (1), an eligible entity 

19 shall be an accredited institution of education in 

20 partnership with— 

21 (A) a community-based organization that 

22 carries out activities relating to environmental 

23 justice; 

24 (B) a generator of hazardous waste; 


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1 (C) any individual who is involved in the 

2 detection, assessment, evaluation, or treatment 

3 of hazardous waste; 

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

5 which hazardous substances are located; or 

6 (E) any State government, Tribal Govern7 ment, or local government. 

8 (c) PLAN.— 

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

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

11 in consultation with the Director, shall develop and 

12 publish in the Federal Register a plan to carry out 

13 the basic training program established under sub14 section (a). 

15 (2) CONTENTS.—The plan described in para16 graph (1) shall contain— 

17 (A) a list that describes the relative pri18 ority of each activity described in subsection 

19 (a); and 

20 (B) a description of research and training 

21 relevant to environmental justice issues of com22 munities adversely affected by pollution. 

23 (3) COORDINATION WITH FEDERAL AGEN24 CIES.—The Administrator shall, to the maximum ex25 tent practicable, take appropriate steps to coordinate 


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1 the activities of the basic training program described 

2 in the plan with the activities of other Federal agen3 cies to avoid any duplication of effort. 

4 (d) REPORT.— 

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

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

7 thereafter, the Administrator shall submit to the 

8 Committees on Energy and Commerce and Natural 

9 Resources of the House of Representatives and the 

10 Committees on Environment and Public Works and 

11 Energy and Natural Resources of the Senate a re12 port describing— 

13 (A) the implementation of the basic train14 ing program established under subsection (a); 

15 and 

16 (B) the impact of the basic training pro17 gram on improving training opportunities for 

18 residents of environmental justice communities. 

19 (2) PUBLIC AVAILABILITY.—The Administrator 

20 shall make the report required under paragraph (1) 

21 available to the public (including by posting a copy 

22 of the report on the website of the Environmental 

23 Protection Agency). 


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1 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

2 authorized to be appropriated to carry out this section 

3 $10,000,000 for each of fiscal years 2022 through 2026. 

4 SEC. 18. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY 

5 COUNCIL. 

6 (a) ESTABLISHMENT.—The President shall establish 

7 an advisory council, to be known as the ‘‘National Envi8 ronmental Justice Advisory Council’’. 

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

10 composed of 26 members who have knowledge of, or expe11 rience relating to, the effect of environmental conditions 

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

13 Tribal and Indigenous communities, including— 

14 (1) representatives of— 

15 (A) community-based organizations that 

16 carry out initiatives relating to environmental 

17 justice, including grassroots organizations led 

18 by people of color; 

19 (B) State governments, Tribal Govern20 ments, and local governments; 

21 (C) Indian Tribes and other Indigenous 

22 groups; 

23 (D) nongovernmental and environmental 

24 organizations; and 


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1 (E) private sector organizations (including 

2 representatives of industries and businesses); 

3 and 

4 (2) experts in the field of— 

5 (A) socioeconomic analysis; 

6 (B) health and environmental effects; 

7 (C) exposure evaluation; 

8 (D) environmental law and civil rights law; 

9 or 

10 (E) environmental health science research. 

11 (c) SUBCOMMITTEES; WORKGROUPS.— 

12 (1) ESTABLISHMENT.—The Advisory Council 

13 may establish any subcommittee or workgroup to as14 sist the Advisory Council in carrying out any duty 

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

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

17 Council, each subcommittee or workgroup estab18 lished by the Advisory Council under paragraph (1) 

19 shall submit to the Advisory Council a report that 

20 contains— 

21 (A) a description of each recommendation 

22 of the subcommittee or workgroup; and 

23 (B) any advice requested by the Advisory 

24 Council with respect to any duty of the Advi25 sory Council. 


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

2 independent advice and recommendations to the Environ3 mental Protection Agency with respect to issues relating 

4 to environmental justice, including advice— 

5 (1) to help develop, facilitate, and conduct re6 views of the direction, criteria, scope, and adequacy 

7 of the scientific research and demonstration projects 

8 of the Environmental Protection Agency relating to 

9 environmental justice; 

10 (2) to improve participation, cooperation, and 

11 communication with respect to such issues— 

12 (A) within the Environmental Protection 

13 Agency; 

14 (B) between the Environmental Protection 

15 Agency and other entities; and 

16 (C) between, and among, the Environ17 mental Protection Agency and Federal agencies, 

18 State and local governments, Indian Tribes, en19 vironmental justice leaders, interest groups, and 

20 the public; 

21 (3) requested by the Administrator to help im22 prove the response of the Environmental Protection 

23 Agency in securing environmental justice for com24 munities of color, low-income communities, and 

25 Tribal and Indigenous communities; and 


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1 (4) on issues relating to— 

2 (A) the developmental framework of the 

3 Environmental Protection Agency with respect 

4 to the integration by the Environmental Protec5 tion Agency of socioeconomic programs into the 

6 strategic planning, annual planning, and man7 agement accountability of the Environmental 

8 Protection Agency to achieve environmental jus9 tice results throughout the Environmental Pro10 tection Agency; 

11 (B) the measurement and evaluation of the 

12 progress, quality, and adequacy of the Environ13 mental Protection Agency in planning, devel14 oping, and implementing environmental justice 

15 strategies, projects, and programs; 

16 (C) any existing and future information 

17 management systems, technologies, and data 

18 collection activities of the Environmental Pro19 tection Agency (including recommendations to 

20 conduct analyses that support and strengthen 

21 environmental justice programs in administra22 tive and scientific areas); 

23 (D) the administration of grant programs 

24 relating to environmental justice assistance; and 


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1 (E) education, training, and other outreach 

2 activities conducted by the Environmental Pro3 tection Agency relating to environmental jus4 tice. 

5 (e) MEETINGS.— 

6 (1) FREQUENCY.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), the Advisory Council shall meet bi9 annually. 

10 (B) AUTHORITY OF ADMINISTRATOR.—The 

11 Administrator may require the Advisory Council 

12 to conduct additional meetings if the Adminis13 trator determines that the conduct of any addi14 tional meetings is necessary. 

15 (2) PUBLIC PARTICIPATION.— 

16 (A) IN GENERAL.—Subject to subpara17 graph (B), each meeting of the Advisory Coun18 cil shall be open to the public to provide the 

19 public an opportunity— 

20 (i) to submit comments to the Advi21 sory Council; and 

22 (ii) to appear before the Advisory 

23 Council. 

24 (B) AUTHORITY OF ADMINISTRATOR.—The 

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1 tion of any meeting, of the Advisory Council to 

2 the public. 

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

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

5 (g) TRAVEL EXPENSES.—The Administrator may 

6 provide to any member of the Advisory Council travel ex7 penses, including per diem in lieu of subsistence, at rates 

8 authorized for an employee of an agency under subchapter 

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

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

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

12 SEC. 19. ENVIRONMENTAL JUSTICE CLEARINGHOUSE. 

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

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

15 establish a public internet-based clearinghouse, to be 

16 known as the Environmental Justice Clearinghouse. 

17 (b) CONTENTS.—The Clearinghouse shall be com18 posed of culturally and linguistically appropriate materials 

19 related to environmental justice, including— 

20 (1) information describing the activities con21 ducted by the Environmental Protection Agency to 

22 address issues relating to environmental justice; 

23 (2) copies of training materials provided by the 

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1 derstand and carry out environmental justice activi2 ties; 

3 (3) links to web pages that describe environ4 mental justice activities of other Federal agencies; 

5 (4) a directory of individuals who possess tech6 nical expertise in issues relating to environmental 

7 justice; 

8 (5) a directory of nonprofit and community9 based organizations, including grassroots organiza10 tions led by people of color, that address issues re11 lating to environmental justice at the local, State, 

12 and Federal levels (with particular emphasis given to 

13 nonprofit and community-based organizations that 

14 possess the capability to provide advice or technical 

15 assistance to environmental justice communities); 

16 and 

17 (6) any other appropriate information as deter18 mined by the Administrator, including information 

19 on any resources available to help address the dis20 proportionate burden of adverse human health or en21 vironmental effects on environmental justice commu22 nities. 

23 (c) CONSULTATION.—In developing the Clearing24 house, the Administrator shall consult with individuals 

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1 tions who have expertise in issues relating to environ2 mental justice. 

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

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

5 annual basis; and 

6 (2) recommend to the Administrator any up7 dates for the Clearinghouse that the Advisory Coun8 cil determines to be necessary for the effective oper9 ation of the Clearinghouse. 

10 SEC. 20. PUBLIC MEETINGS. 

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

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

13 the Administrator shall hold public meetings on environ14 mental justice issues in each region of the Environmental 

15 Protection Agency to gather public input with respect to 

16 the implementation and updating of environmental justice 

17 strategies and efforts of the Environmental Protection 

18 Agency. 

19 (b) OUTREACH TO ENVIRONMENTAL JUSTICE COM20 MUNITIES.—The Administrator, in advance of the meet21 ings described in subsection (a), shall to the extent prac22 ticable hold multiple meetings in environmental justice 

23 communities in each region to provide meaningful commu24 nity involvement opportunities. 


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

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

3 (1) to applicable representative entities or orga4 nizations present in the environmental justice com5 munity, including— 

6 (A) local religious organizations; 

7 (B) civic associations and organizations; 

8 (C) business associations of people of color; 

9 (D) environmental and environmental jus10 tice organizations; 

11 (E) homeowners’, tenants’, and neighbor12 hood watch groups; 

13 (F) local and Tribal Governments; 

14 (G) rural cooperatives; 

15 (H) business and trade organizations; 

16 (I) community and social service organiza17 tions; 

18 (J) universities, colleges, and vocational 

19 schools; 

20 (K) labor organizations; 

21 (L) civil rights organizations; 

22 (M) senior citizens’ groups; and 

23 (N) public health agencies and clinics; 

24 (2) through communication methods that are 

25 accessible in the applicable environmental justice 


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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 


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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. 21. 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. 22. 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 grants, on a competitive basis, to Indian Tribes to 


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1 pay for the Federal share of the cost of furthering achieve2 ment of the Tribal coastal zone objectives of such a Tribe. 

3 ‘‘(b) FEDERAL SHARE.— 

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

5 cost of any activity carried out under 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 application 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 such 

17 paragraph, if the Secretary determines that the 

18 Tribe does not have sufficient funds to pay such por19 tion. 

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

21 a grant under this section to an Indian Tribe unless the 

22 Secretary determines that the activities to be carried out 

23 under the grant are compatible with this title and that 

24 the Indian Tribe has consulted with the affected coastal 

25 state regarding the grant objectives and purposes. 


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

2 Indian Tribe that receives a grant under this section shall 

3 use the grant funds for one or more of the objectives and 

4 purposes authorized under subsections (b) and (c), respec5 tively, of section 306A, with respect to the Indian Tribe 

6 and its Tribal coastal zone. In applying section 306A(b) 

7 under this subsection, a reference in that section to a pro8 vision shall be considered to be a corresponding provision 

9 or policy for an Indian Tribe. 

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

11 is authorized to be appropriated to carry out this section 

12 $5,000,000 for each fiscal year. 

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

14 ‘‘(1) INDIAN LAND; INDIAN TRIBE.—The term 

15 ‘Indian land’ has the meaning given the term, and 

16 the term ‘Indian Tribe’ has the meaning given the 

17 term ‘Indian tribe’, under section 2601 of the En18 ergy Policy Act of 1992 (25 U.S.C. 3501). 

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

20 coastal zone’ means any Indian land of an Indian 

21 Tribe that is within the coastal zone. 

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

23 term ‘Tribal coastal zone objective’ means, with re24 spect to an Indian Tribe and its Tribal coastal zone, 

25 any of the following objectives: 


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1 ‘‘(A) Protection, restoration, or preserva2 tion of areas in that zone of that Tribe that— 

3 ‘‘(i) hold important ecological, cul4 tural, or sacred significance for such Tribe; 

5 or 

6 ‘‘(ii) reflect traditional, historic, and 

7 esthetic values essential to such Tribe. 

8 ‘‘(B) Preparing and implementing a special 

9 area management plan and technical planning 

10 for important coastal areas. 

11 ‘‘(C) Taking any coastal or shoreline sta12 bilization measure, including any mitigation 

13 measure, for the purpose of public safety, public 

14 access, or cultural or historical preservation.’’. 

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

16 date of the enactment of this Act, the Secretary of Com17 merce shall issue guidance for the program established 

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

19 the criteria for awarding grants under such program based 

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

21 in that amendment). 

22 (c) USE OF STATE GRANTS TO FULFILL TRIBAL OB23 JECTIVES.—Section 306A(c)(2) of the Coastal Zone Man24 agement Act of 1972 (16 U.S.C. 1455a(c)(2)) is amend25 ed— 


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

2 the end; 

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

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

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

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

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

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

9 this section, including an amendment made by this sec10 tion, shall be construed to affect the ability of an Indian 

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

12 participate in any program authorized by the Coastal Zone 

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

14 other related Federal laws. 

15 SEC. 23. COSMETIC LABELING. 

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

17 Drug, and Cosmetic Act (21 U.S.C. 361 et seq.) is amend18 ed by adding at the end the following: 

19 ‘‘SEC. 604. LABELING. 

20 ‘‘(a) COSMETIC PRODUCTS FOR PROFESSIONAL

21 USE.— 

22 ‘‘(1) DEFINITION OF PROFESSIONAL.—With re23 spect to cosmetics, the term ‘professional’ means an 

24 individual who— 


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1 ‘‘(A) is licensed by an official State author2 ity to practice in the field of cosmetology, nail 

3 care, barbering, or esthetics; 

4 ‘‘(B) has complied with all requirements 

5 set forth by the State for such licensing; and 

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

7 board or legal agency or legal authority. 

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

9 products used and sold by professionals shall list all 

10 ingredients and warnings, as required for other cos11 metic products under this chapter. 

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

13 case of a cosmetic product intended to be used only 

14 by a professional on account of a specific ingredient 

15 or increased concentration of an ingredient that re16 quires safe handling by trained professionals, the 

17 product shall bear a statement as follows: ‘To be Ad18 ministered Only by Licensed Professionals’. 

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

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

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

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

23 and 


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

2 by typography, layout, or color with other material 

3 printed or displayed on the label. 

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

5 of cosmetics, each internet website offering a cosmetic 

6 product for sale to consumers shall provide the same infor7 mation that is included on the packaging of the cosmetic 

8 product as regularly available through in-person sales, ex9 cept information that is unique to a single cosmetic prod10 uct sold in a retail facility, such as a lot number or expira11 tion date, and the warnings and statements described in 

12 subsection (b) shall be prominently and conspicuously dis13 played on the website. 

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

15 cosmetic shall bear the domestic telephone number or elec16 tronic contact information, and it is encouraged that the 

17 label include both the telephone number and electronic 

18 contact information, that consumers may use to contact 

19 the responsible person with respect to adverse events. The 

20 contact number shall provide a means for consumers to 

21 obtain additional information about ingredients in a cos22 metic, including the ability to ask if a specific ingredient 

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

24 whether a specific ingredient may be contained in the fra25 grance or flavor used in the cosmetic. The manufacturer 


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1 of the cosmetic is responsible for providing such informa2 tion, including obtaining the information from suppliers 

3 if it is not readily available. Suppliers are required to re4 lease such information upon request of the cosmetic manu5 facturer.’’. 

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

7 Food, Drug, and Cosmetic Act (21 U.S.C. 362) is amend8 ed by adding at the end the following: 

9 ‘‘(g) If its labeling does not conform with a require10 ment under section 604.’’. 

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

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

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

14 date of enactment of this Act. 

15 SEC. 24. SAFER COSMETIC ALTERNATIVES FOR DIS16 PROPORTIONATELY IMPACTED COMMU17 NITIES. 

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

19 Human Services (in this section referred to as the ‘‘Sec20 retary’’), acting through the Commissioner of Food and 

21 Drugs, shall award grants to eligible entities— 

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

23 safer alternatives to chemicals in cosmetics with in24 herent toxicity or associated with chronic adverse 

25 health effects; or 


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1 (2) to provide educational awareness and com2 munity outreach efforts to educate the promote the 

3 use of safer alternatives in cosmetics. 

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

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

6 (1) be a public institution such as a university, 

7 a nonprofit research institution, or a nonprofit 

8 grassroots organization; and 

9 (2) not benefit from a financial relationship 

10 with a chemical or cosmetics manufacturer, supplier, 

11 or trade association. 

12 (c) PRIORITY.—In awarding grants under subsection 

13 (a), the Secretary shall give priority to applicants pro14 posing to focus on— 

15 (1) replacing chemicals in professional cosmetic 

16 products used by nail and hair and beauty salon 

17 workers with safer alternatives; or 

18 (2) replacing chemicals in cosmetic products 

19 marketed to women and girls of color, including any 

20 such beauty, personal hygiene, and intimate care 

21 products, with safer alternatives. 

22 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

23 out this section, there are authorized to be appropriated 

24 such sums as may be necessary for fiscal years 2022 

25 through 2026. 


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1 SEC. 25. SAFER CHILD CARE CENTERS, SCHOOLS, AND 

2 HOMES FOR DISPROPORTIONATELY IM3 PACTED COMMUNITIES. 

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

5 Human Services (in this section referred to as the ‘‘Sec6 retary’’), acting through the Commissioner of Food and 

7 Drugs, in consultation with the Administrator of the Envi8 ronmental Protection Agency, shall award grants to eligi9 ble entities to support research focused on the design of 

10 safer alternatives to chemicals in consumer, cleaning, toy, 

11 and baby products with inherent toxicity or that are asso12 ciated with chronic adverse health effects. 

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

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

15 (1) be a public institution such as a university 

16 or a nonprofit research institution; and 

17 (2) not benefit from a financial relationship 

18 with— 

19 (A) a chemical manufacturer, supplier, or 

20 trade association; or 

21 (B) a cleaning, toy, or baby product manu22 facturer, supplier, or trade association. 

23 (c) PRIORITY.—In awarding grants under subsection 

24 (a), the Secretary shall give priority to applicants pro25 posing to focus on replacing chemicals in cleaning, toy, 


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1 or baby products used by childcare providers with safer 

2 alternatives. 

3 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

4 out this section, there are authorized to be appropriated 

5 such sums as may be necessary for fiscal years 2022 

6 through 2026. 

7 SEC. 26. CERTAIN MENSTRUAL PRODUCTS MISBRANDED IF 

8 LABELING DOES NOT INCLUDE INGREDI9 ENTS. 

10 (a) IN GENERAL.—Section 502 of the Federal Food, 

11 Drug, and Cosmetic Act (21 U.S.C. 352) is amended by 

12 adding at the end the following: 

13 ‘‘(gg) If it is a menstrual product, such as a men14 strual cup, a scented, scented deodorized, or unscented 

15 menstrual pad or tampon, a therapeutic vaginal douche 

16 apparatus, or an obstetrical and gynecological device de17 scribed in section 884.5400, 884.5425, 884.5435, 

18 884.5460, 884.5470, or 884.5900 of title 21, Code of Fed19 eral Regulations (or any successor regulation), unless its 

20 label or labeling lists the name of each ingredient or com21 ponent of the product in order of the most predominant 

22 ingredient or component to the least predominant ingre23 dient or component.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by 

25 subsection (a) applies with respect to products introduced 


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1 or delivered for introduction into interstate commerce on 

2 or after the date that is one year after the date of the 

3 enactment of this Act. 

4 SEC. 27. SUPPORT BY NATIONAL INSTITUTE OF ENVIRON5 MENTAL HEALTH SCIENCES FOR RESEARCH 

6 ON HEALTH DISPARITIES IMPACTING COM7 MUNITIES OF COLOR. 

8 Subpart 12 of part C of title IV of the Public Health 

9 Service Act (42 U.S.C. 285l et seq.) is amended by adding 

10 at the end the following new section: 

11 ‘‘SEC. 463C. RESEARCH ON HEALTH DISPARITIES RELATED 

12 TO COSMETICS IMPACTING COMMUNITIES OF 

13 COLOR. 

14 ‘‘(a) IN GENERAL.—The Director of the Institute 

15 shall award grants to eligible entities— 

16 ‘‘(1) to expand support for basic, epidemiolog17 ical, and social scientific investigations into— 

18 ‘‘(A) the chemicals linked (or with possible 

19 links) to adverse health effects most commonly 

20 found in cosmetics marketed to women and 

21 girls of color, including beauty, personal hy22 giene, and intimate care products; 

23 ‘‘(B) the marketing and sale of such cos24 metics containing chemicals linked to adverse 


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1 health effects to women and girls of color across 

2 their lifespans; 

3 ‘‘(C) the use of such cosmetics by women 

4 and girls of color across their lifespans; or 

5 ‘‘(D) the chemicals linked to the adverse 

6 health effects most commonly found in products 

7 used by nail, hair, and beauty salon workers; 

8 ‘‘(2) to provide educational awareness and com9 munity outreach efforts to educate the promote the 

10 use of safer alternatives in cosmetics; and 

11 ‘‘(3) to disseminate the results of any such re12 search described in subparagraph (A) or (B) of 

13 paragraph (1) (conducted by the grantee pursuant 

14 to this section or otherwise) to help communities 

15 identify and address potentially unsafe chemical ex16 posures in the use of cosmetics. 

17 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 

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

19 ‘‘(1) be a public institution such as a university, 

20 a nonprofit research institution, or a nonprofit 

21 grassroots organization; and 

22 ‘‘(2) not benefit from a financial relationship 

23 with a chemical or cosmetics manufacturer, supplier, 

24 or trade association. 


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1 ‘‘(c) REPORT.—Not later than the end 1 year after 

2 awarding grants under this section, and each year there3 after, the Director of the Institute shall submit to the 

4 Committee on Energy and Commerce of the House of 

5 Representatives and the Committee on Health, Education, 

6 Labor, and Pensions of the Senate, and make publicly 

7 available, a report on the results of the investigations 

8 funded under subsection (a), including— 

9 ‘‘(1) summary findings on— 

10 ‘‘(A) marketing strategies, product cat11 egories, and specific cosmetics containing ingre12 dients linked to adverse health effects; and 

13 ‘‘(B) the demographics of the populations 

14 marketed to and using cosmetics containing 

15 such ingredients for personal and professional 

16 use; and 

17 ‘‘(2) recommended public health information 

18 strategies to reduce potentially unsafe exposures to 

19 cosmetics. 

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

21 carry out this section, there are authorized to be appro22 priated such sums as may be necessary for fiscal years 

23 2022 through 2026.’’. 

24 SEC. 28. REVENUES FOR JUST TRANSITION ASSISTANCE. 

25 (a) DEFINITIONS.—In this section: 


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1 (1) NONPRODUCING LEASE.—The term ‘‘non2 producing lease’’ means any Federal onshore or off3 shore oil or natural gas lease under which oil or nat4 ural gas is produced for fewer than 90 days in an 

5 applicable calendar year. 

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

7 the Secretary of the Interior. 

8 (b) MINERAL LEASING REVENUE.— 

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

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

fourth sentence, by striking ‘‘121 11 ⁄2 per centum’’ and 

12 inserting ‘‘18.75 percent’’. 

13 (2) LEASES ON LAND KNOWN OR BELIEVED TO

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

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

16 (A) in subsection (b)— 

17 (i) in paragraph (1)(A)— 

18 (I) in the fourth sentence, by 

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

20 follows through ‘‘are necessary’’ and 

21 inserting ‘‘may be held in each State 

22 not more than once each year’’; and 

23 (II) in the fifth sentence, by 

24 striking ‘‘12.5 percent’’ and inserting 

25 ‘‘18.75 percent’’; and 


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

3 ‘‘18.75 percent’’; 

4 (B) in subsection (c)(1), in the second sen5 tence, by striking ‘‘12.5 percent’’ and inserting 

6 ‘‘18.75 percent’’; 

(C) in subsection (l), by striking ‘‘121 7 ⁄2 per 

8 centum’’ each place it appears and inserting 

9 ‘‘18.75 percent’’; and 

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

‘‘121 11 ⁄2 per centum’’ and inserting ‘‘18.75 per12 cent’’. 

13 (3) REINSTATEMENT OF LEASES.—Section 

14 31(e)(3) of the Mineral Leasing Act (30 U.S.C. 

188(e)(3)) is amended by striking ‘‘162 15 ⁄3’’ each place 

16 it appears and inserting ‘‘25’’. 

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

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

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

20 by striking ‘‘All’’ and inserting ‘‘Except as pro21 vided in subsection (e), all’’; and 

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

23 ‘‘(e) DISTRIBUTION OF CERTAIN AMOUNTS.—Not24 withstanding paragraph (1), the amount of any increase 

25 in revenues collected as a result of the amendments made 


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1 by subsection (b) of section 28 of the Environmental Jus2 tice For All Act shall be deposited and distributed in ac3 cordance with subsection (d) of that section.’’. 

4 (c) FEES FOR PRODUCING LEASES AND NONPRO5 DUCING LEASES.— 

6 (1) CONSERVATION OF RESOURCES FEES.— 

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

8 on producing Federal onshore and offshore oil and 

9 gas leases. 

10 (2) SPECULATIVE LEASING FEES.—There is es11 tablished a fee of $6 per acre per year on nonpro12 ducing leases. 

13 (d) DEPOSIT.— 

14 (1) IN GENERAL.—All amounts collected under 

15 paragraphs (1) and (2) of subsection (c) shall be de16 posited in the Federal Energy Transition Economic 

17 Development Assistance Fund established by section 

18 29(c). 

19 (2) MINERAL LEASING REVENUE.—Notwith20 standing any other provision of law, of the amount 

21 of any increase in revenue collected as a result of the 

22 amendments made by subsection (b)— 

23 (A) 50 percent shall be deposited in the 

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1 ment Assistance Fund established by section 

2 29(c); and 

3 (B) 50 percent shall be distributed to the 

4 State in which the production occurred. 

5 (e) ADJUSTMENT FOR INFLATION.—The Secretary 

6 shall, by regulation at least once every 4 years, adjust each 

7 fee established by subsection (c) to reflect any change in 

8 the Consumer Price Index (all items, United States city 

9 average) as prepared by the Department of Labor. 

10 SEC. 29. ECONOMIC REVITALIZATION FOR FOSSIL FUEL-DE11 PENDENT COMMUNITIES. 

12 (a) PURPOSE.—The purpose of this section is to pro13 mote economic revitalization, diversification, and develop14 ment in communities— 

15 (1) that depend on fossil fuel mining, extrac16 tion, or refining for a significant amount of eco17 nomic opportunities; or 

18 (2) in which a significant proportion of the pop19 ulation is employed at electric generating stations 

20 that use fossil fuels as the predominant fuel supply. 

21 (b) DEFINITIONS.—In this section: 

22 (1) ADVISORY COMMITTEE.—The term ‘‘Advi23 sory Committee’’ means the Just Transition Advi24 sory Committee established by subsection (g)(1). 


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1 (2) DISPLACED WORKER.—The term ‘‘displaced 

2 worker’’ means an individual who, due to efforts to 

3 reduce net emissions from public land or as a result 

4 of a downturn in fossil fuel mining, extraction, or 

5 production, has suffered a reduction in employment 

6 or economic opportunities. 

7 (3) FOSSIL FUEL.—The term ‘‘fossil fuel’’ 

8 means coal, petroleum, natural gas, tar sands, oil 

9 shale, or any derivative of coal, petroleum, or nat10 ural gas. 

11 (4) FOSSIL FUEL-DEPENDENT COMMUNITY.— 

12 The term ‘‘fossil fuel-dependent community’’ means 

13 a community— 

14 (A) that depends on fossil fuel mining, and 

15 extraction, or refining for a significant amount 

16 of economic opportunities; or 

17 (B) in which a significant proportion of the 

18 population is employed at electric generating 

19 stations that use fossil fuels as the predominant 

20 fuel supply. 

21 (5) FOSSIL FUEL TRANSITION COMMUNITY.— 

22 The term ‘‘fossil fuel transition community’’ means 

23 a community— 

24 (A) that has been adversely affected eco25 nomically by a recent reduction in fossil fuel 


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1 mining, extraction, or production-related activ2 ity, as demonstrated by employment data, per 

3 capita income, or other indicators of economic 

4 distress; 

5 (B) that has historically relied on fossil 

6 fuel mining, extraction, or production-related 

7 activity for a substantial portion of its economy; 

8 or 

9 (C) in which the economic contribution of 

10 fossil fuel mining, extraction, or production-re11 lated activity has significantly declined. 

12 (6) FUND.—The term ‘‘Fund’’ means the Fed13 eral Energy Transition Economic Development As14 sistance Fund established by subsection (c). 

15 (7) PUBLIC LAND.— 

16 (A) IN GENERAL.—The term ‘‘public land’’ 

17 means any land and interest in land owned by 

18 the United States within the several States and 

19 administered by the Secretary or the Secretary 

20 of Agriculture (acting through the Chief of the 

21 Forest Service) without regard to how the 

22 United States acquired ownership. 

23 (B) INCLUSION.—The term ‘‘public land’’ 

24 includes land located on the outer Continental 

25 Shelf. 


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1 (C) EXCLUSION.—The term ‘‘public land’’ 

2 does not include land held in trust for an In3 dian Tribe or member of an Indian Tribe. 

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

5 the Secretary of the Interior. 

6 (c) ESTABLISHMENT OF FEDERAL ENERGY TRANSI7 TION ECONOMIC DEVELOPMENT ASSISTANCE FUND.— 

8 There is established in the Treasury of the United States 

9 a fund, to be known as the ‘‘Federal Energy Transition 

10 Economic Development Assistance Fund’’, which shall 

11 consist of amounts deposited in the Fund under section 

12 28(d). 

13 (d) DISTRIBUTION OF FUNDS.—Of the amounts de14 posited in the Fund— 

15 (1) 35 percent shall be distributed by the Sec16 retary to States in which extraction of fossil fuels 

17 occurs on public land, based on a formula reflecting 

18 existing production and extraction in the State; 

19 (2) 35 percent shall be distributed by the Sec20 retary to States based on a formula reflecting the 

21 quantity of fossil fuels historically produced and ex22 tracted in the State on public land before the date 

23 of enactment of this Act; and 

24 (3) 30 percent shall be allocated to a competi25 tive grant program under subsection (f). 


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1 (e) USE OF FUNDS.— 

2 (1) IN GENERAL.—Funds distributed by the 

3 Secretary to States under paragraphs (1) and (2) of 

4 subsection (d) may be used for— 

5 (A) environmental remediation of land and 

6 waters impacted by the full lifecycle of fossil 

7 fuel extraction and mining; 

8 (B) building partnerships to attract and 

9 invest in the economic future of historically fos10 sil fuel-dependent communities; 

11 (C) increasing capacity and other technical 

12 assistance fostering long-term economic growth 

13 and opportunity in historically fossil fuel-de14 pendent communities; 

15 (D) guaranteeing pensions, healthcare, and 

16 retirement security and providing a bridge of 

17 wage support until a displaced worker either 

18 finds new employment or reaches retirement; 

19 (E) severance payments for displaced 

20 workers; 

21 (F) carbon sequestration projects in nat22 ural systems on public land; or 

23 (G) expanding broadband access and 

24 broadband infrastructure. 


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1 (2) PRIORITY TO FOSSIL FUEL WORKERS.—In 

2 distributing funds under paragraph (1), the Sec3 retary shall give priority to assisting displaced work4 ers dislocated from fossil fuel mining and extraction 

5 industries. 

6 (f) COMPETITIVE GRANT PROGRAM.— 

7 (1) IN GENERAL.—The Secretary shall establish 

8 a competitive grant program to provide funds to eli9 gible entities for the purposes described in para10 graph (3). 

11 (2) DEFINITION OF ELIGIBLE ENTITY.—In this 

12 subsection, the term ‘‘eligible entity’’ means a local, 

13 State, or Tribal government, local development dis14 trict (as defined in section 382E(a) of the Consoli15 dated Farm and Rural Development Act (7 U.S.C. 

16 2009aa–4(a))), a nonprofit organization, labor 

17 union, economic development agency, or institution 

18 of higher education (including a community college). 

19 (3) ELIGIBLE USE OF FUNDS.—The Secretary 

20 may award grants from amounts in the Fund made 

21 available under subsection (d)(3) for— 

22 (A) the purposes described in subsection 

23 (e)(1); 

24 (B)(i) existing job retraining and appren25 ticeship programs for displaced workers; or 


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1 (ii) programs designed to promote eco2 nomic development in communities affected by 

3 a downturn in fossil fuel extraction and mining; 

4 (C) developing projects that— 

5 (i) diversify local and regional econo6 mies; 

7 (ii) create jobs in new or existing non8 fossil fuel industries; 

9 (iii) attract new sources of job-cre10 ating investment; or 

11 (iv) provide a range of workforce serv12 ices and skills training; 

13 (D) internship programs in a field related 

14 to clean energy; and 

15 (E) the development and support of— 

16 (i) a clean energy certificate program 

17 at a labor organization; or 

18 (ii) a clean energy major or minor 

19 program at an institution of higher edu20 cation (as defined in section 101 of the 

21 Higher Education Act of 1965 (20 U.S.C. 

22 1001)). 

23 (g) JUST TRANSITION ADVISORY COMMITTEE.— 

24 (1) ESTABLISHMENT.—Not later than 180 days 

25 after the date of enactment of this Act, the SecVerDate Sep 11 2014 01:05 May 18, 2021 Jkt 019200 PO 00000 Frm 00133 Fmt 6652 Sfmt 6201 E:\BILLS\H2021.IH H2021

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1 retary shall establish an advisory committee, to be 

2 known as the ‘‘Just Transition Advisory Com3 mittee’’. 

4 (2) CHAIR.—The President shall appoint a 

5 Chair of the Advisory Committee. 

6 (3) DUTIES.—The Advisory Committee shall— 

7 (A) advise, assist, and support the Sec8 retary in— 

9 (i) the management and allocation of 

10 funds available under subsection (d); and 

11 (ii) the establishment and administra12 tion of the competitive grant program 

13 under subsection (f); and 

14 (B) develop procedures to ensure that 

15 States and applicants eligible to participate in 

16 the competitive grant program established 

17 under subsection (f) are notified of the avail18 ability of Federal funds pursuant to this sec19 tion. 

20 (4) MEMBERSHIP.— 

21 (A) IN GENERAL.—The total number of 

22 members of the Advisory Committee shall not 

23 exceed 20 members. 


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1 (B) COMPOSITION.—The Advisory Com2 mittee shall be composed of the following mem3 bers appointed by the Chair: 

4 (i) A representative of the Assistant 

5 Secretary of Commerce for Economic De6 velopment. 

7 (ii) A representative of the Secretary 

8 of Labor. 

9 (iii) A representative of the Under 

10 Secretary for Rural Development. 

11 (iv) 2 individuals with professional 

12 economic development or workforce re13 training experience. 

14 (v) An equal number of representa15 tives from each of the following: 

16 (I) Labor unions. 

17 (II) Nonprofit environmental or18 ganizations. 

19 (III) Environmental justice orga20 nizations. 

21 (IV) Fossil fuel transition com22 munities. 

23 (V) Public interest groups. 

24 (VI) Tribal and Indigenous com25 munities. 


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1 (5) TERMINATION.—The Advisory Committee 

2 shall not terminate except by an Act of Congress. 

3 (h) LIMIT ON USE OF FUNDS.— 

4 (1) ADMINISTRATIVE COSTS.—Not more than 7 

5 percent of the amounts in the Fund may be used for 

6 administrative costs incurred in implementing this 

7 section. 

8 (2) LIMITATION ON FUNDS TO A SINGLE ENTI9 TY.—Not more than 5 percent of the amounts in the 

10 Fund may be awarded to a single eligible entity. 

11 (3) CALENDAR YEAR LIMITATION.—Not less 

12 than 15 percent of the amounts in the Fund shall 

13 be spent in each calendar year. 

14 (i) USE OF AMERICAN IRON, STEEL, AND MANUFAC15 TURED GOODS.—None of the funds appropriated or other16 wise made available by this section may be used for a 

17 project for the construction, alteration, maintenance, or 

18 repair of a public building or public work unless all of the 

19 iron, steel, and manufactured goods used in the project 

20 are produced in the United States, unless the manufac21 tured good is not produced in the United States. 

22 (j) SUBMISSION TO CONGRESS.—The Secretary shall 

23 submit to the Committees on Appropriations and Energy 

24 and Natural Resources of the Senate and the Committees 

25 on Appropriations and Natural Resources of the House 


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1 of Representatives, with the annual budget submission of 

2 the President, a list of projects, including a description 

3 of each project, that received funding under this section 

4 in the previous calendar year. 

5 SEC. 30. EVALUATION BY COMPTROLLER GENERAL OF THE 

6 UNITED STATES. 

7 Not later than 2 years after the date of enactment 

8 of this Act, and biennially thereafter, the Comptroller 

9 General of the United States shall submit to the Commit10 tees on Energy and Commerce and Natural Resources of 

11 the House of Representatives, and the Committees on En12 vironment and Public Works and Energy and Natural Re13 sources of the Senate, a report that contains an evaluation 

14 of the effectiveness of each activity carried out under this 

15 Act and the amendments made by this Act. 

Æ 


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