II 

115TH CONGRESS 

1ST SESSION S. 1996 

To require Federal agencies to address environmental justice, to require 

consideration of cumulative impacts in certain permitting decisions, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 24, 2017 

Mr. BOOKER (for himself, Mr. DURBIN, Mr. CARPER, Mr. SCHATZ, Mr. 

UDALL, Mr. WHITEHOUSE, Mrs. GILLIBRAND, Mr. MARKEY, Mr. 

MERKLEY, Ms. WARREN, Ms. HARRIS, and Mr. SANDERS) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To require Federal agencies to address environmental justice, 

to require consideration of cumulative impacts in certain 

permitting decisions, 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. 

4 This Act may be cited as the ‘‘Environmental Justice 

5 Act of 2017’’. 

6 SEC. 2. PURPOSES. 

7 The purposes of this Act are— 


lotter on DSKBCFDHB2PROD with BILLS
2 

•S 1996 IS

1 (1) to require Federal agencies to address and 

2 eliminate the disproportionate environmental and 

3 human health impacts on communities of color, in4 digenous communities, and low-income communities; 

5 (2) to ensure that all Federal agencies develop 

6 and enforce rules, regulations, guidance, standards, 

7 policies, plans, and practices that promote environ8 mental justice; 

9 (3) to increase cooperation and require coordi10 nation among Federal agencies in achieving environ11 mental justice; 

12 (4) to provide to communities of color, indige13 nous communities, and low-income communities 

14 greater access to public information and opportuni15 ties for participation in decisionmaking affecting 

16 human health and the environment; 

17 (5) to mitigate the inequitable distribution of 

18 the burdens and benefits of Federal programs hav19 ing significant impacts on human health and the en20 vironment; 

21 (6) to require consideration of cumulative im22 pacts in permitting decisions; 

23 (7) to clarify congressional intent to afford 

24 rights of action pursuant to certain statutes and 

25 common law claims; and 


lotter on DSKBCFDHB2PROD with BILLS
3 

•S 1996 IS

1 (8) to allow a private right of action under title 

2 VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d 

3 et seq.) to challenge discriminatory practices. 

4 SEC. 3. DEFINITIONS. 

5 In this Act: 

6 (1) ADMINISTRATOR.—The term ‘‘Adminis7 trator’’ means the Administrator of the Environ8 mental Protection Agency. 

9 (2) CITIZEN SCIENCE.—The term ‘‘citizen 

10 science’’ means voluntary public participation in the 

11 scientific process and the incorporation of data and 

12 information generated outside of traditional institu13 tional boundaries to address real-world problems in 

14 ways that may include formulating research ques15 tions, conducting scientific experiments, collecting 

16 and analyzing data, interpreting results, making new 

17 discoveries, developing technologies and applications, 

18 and solving complex problems, with an emphasis on 

19 the democratization of science and the engagement 

20 of diverse people and communities. 

21 (3) COMMUNITY OF COLOR.—The term ‘‘com22 munity of color’’ means any geographically distinct 

23 population with a substantial number of individuals 

24 who identify as black, African-American, Hispanic, 


lotter on DSKBCFDHB2PROD with BILLS
4 

•S 1996 IS

1 Latino, Asian, Pacific Islander, or any other 

2 nonwhite race. 

3 (4) ENVIRONMENTAL JUSTICE.—The term ‘‘en4 vironmental justice’’ means the fair treatment and 

5 meaningful involvement of all individuals, regardless 

6 of race, color, national origin, educational level, or 

7 income, with respect to the development, implemen8 tation, and enforcement of environmental laws, regu9 lations, and policies to ensure that— 

10 (A) communities of color, indigenous com11 munities, and low-income communities have ac12 cess to public information and opportunities for 

13 meaningful public participation relating to 

14 human health and environmental planning, reg15 ulations, and enforcement; 

16 (B) no community of color, indigenous 

17 community, or low-income community shall be 

18 exposed to a disproportionate burden of the 

19 negative human health and environmental im20 pacts of pollution or other environmental haz21 ards; and 

22 (C) the 17 Principles of Environmental 

23 Justice written and adopted at the First Na24 tional People of Color Environmental LeaderVerDate Sep 11 2014 03:42 Oct 25, 2017 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996

lotter on DSKBCFDHB2PROD with BILLS
5 

•S 1996 IS

1 ship Summit held on October 24 through 27, 

2 1991, in Washington, DC, are upheld. 

3 (5) FEDERAL AGENCY.—The term ‘‘Federal 

4 agency’’ means— 

5 (A) each Federal agency represented on 

6 the Working Group; and 

7 (B) any other Federal agency that the 

8 President may designate that carries out a Fed9 eral program or activity that substantially af10 fects human health or the environment. 

11 (6) INFRASTRUCTURE.—The term ‘‘infrastruc12 ture’’ means any system for safe drinking water, 

13 sewer collection, solid waste disposal, electricity gen14 eration, communication, or transportation access (in15 cluding highways, airports, marine terminals, rail 

16 systems, and residential roads) that is used to effec17 tively and safely support housing, an educational fa18 cility, a medical provider, a park or recreational fa19 cility, or local businesses. 

20 (7) PUBLISH.—The term ‘‘publish’’ means to 

21 make publicly available in a form that is— 

22 (A) generally accessible, including on the 

23 Internet and in public libraries; and 

24 (B) accessible for— 


lotter on DSKBCFDHB2PROD with BILLS
6 

•S 1996 IS

1 (i) individuals who are limited in 

2 English proficiency, in accordance with Ex3 ecutive Order 13166 (65 Fed. Reg. 50121 

4 (August 16, 2000)); and 

5 (ii) individuals with disabilities. 

6 (8) WORKING GROUP.—The term ‘‘Working 

7 Group’’ means the interagency Federal Working 

8 Group on Environmental Justice convened under 

9 section 1–102 of Executive Order 12898 (42 U.S.C. 

10 4321 note; relating to Federal actions to address en11 vironmental justice in minority populations and low12 income populations), as amended by Executive Order 

13 12948 (60 Fed. Reg. 6381 (January 30, 1995)) and 

14 modified by section 4. 

15 SEC. 4. INTERAGENCY FEDERAL WORKING GROUP ON EN16 VIRONMENTAL JUSTICE. 

17 (a) IN GENERAL.—Not later than 90 days after the 

18 date of enactment of this Act, the Administrator shall con19 vene, as appropriate to carry out this section, the Working 

20 Group. 

21 (b) REQUIREMENTS.— 

22 (1) COMPOSITION.—The Working Group shall 

23 be comprised of the following (or a designee): 

24 (A) The Secretary of Agriculture. 

25 (B) The Secretary of Commerce. 


lotter on DSKBCFDHB2PROD with BILLS
7 

•S 1996 IS

1 (C) The Secretary of Defense. 

2 (D) The Secretary of Energy. 

3 (E) The Secretary of Health and Human 

4 Services. 

5 (F) The Secretary of Homeland Security. 

6 (G) The Secretary of Housing and Urban 

7 Development. 

8 (H) The Secretary of the Interior. 

9 (I) The Secretary of Labor. 

10 (J) The Secretary of Transportation. 

11 (K) The Attorney General. 

12 (L) The Administrator. 

13 (M) The Director of the Office of Environ14 mental Justice. 

15 (N) The Chairman of the Consumer Prod16 uct Safety Commission. 

17 (O) The Chairperson of the Chemical Safe18 ty Board. 

19 (P) The Director of the Office of Manage20 ment and Budget. 

21 (Q) The Director of the Office of Science 

22 and Technology Policy. 

23 (R) The Chair of the Council on Environ24 mental Quality. 


lotter on DSKBCFDHB2PROD with BILLS
8 

•S 1996 IS

1 (S) The Assistant to the President for Do2 mestic Policy. 

3 (T) The Director of the National Economic 

4 Council. 

5 (U) The Chairman of the Council of Eco6 nomic Advisers. 

7 (V) Such other Federal officials as the 

8 President may designate. 

9 (2) FUNCTIONS.—The Working Group shall— 

10 (A) report to the President through the 

11 Chair of the Council on Environmental Quality 

12 and the Assistant to the President for Domestic 

13 Policy; 

14 (B) provide guidance to Federal agencies 

15 regarding criteria for identifying disproportion16 ately high and adverse human health or envi17 ronmental effects— 

18 (i) on communities of color, indige19 nous communities, and low-income commu20 nities; and 

21 (ii) on the basis of race, color, na22 tional origin, or income; 

23 (C) coordinate with, provide guidance to, 

24 and serve as a clearinghouse for, each Federal 

25 agency with respect to the implementation and 


lotter on DSKBCFDHB2PROD with BILLS
9 

•S 1996 IS

1 updating of an environmental justice strategy 

2 required under this Act, in order to ensure that 

3 the administration, interpretation, and enforce4 ment of programs, activities, and policies are 

5 carried out in a consistent manner; 

6 (D) assist in coordinating research by, and 

7 stimulating cooperation among, the Environ8 mental Protection Agency, the Department of 

9 Health and Human Services, the Department of 

10 Housing and Urban Development, and other 

11 Federal agencies conducting research or other 

12 activities in accordance with this Act; 

13 (E) identify, based in part on public rec14 ommendations contained in Federal agency 

15 progress reports, important areas for Federal 

16 agencies to take into consideration and address, 

17 as appropriate, in environmental justice strate18 gies and other efforts; 

19 (F) assist in coordinating data collection 

20 and maintaining and updating appropriate 

21 databases, as required by this Act; 

22 (G) examine existing data and studies re23 lating to environmental justice; 


lotter on DSKBCFDHB2PROD with BILLS
10 

•S 1996 IS

1 (H) hold public meetings and otherwise so2 licit public participation under paragraph (3); 

3 and 

4 (I) develop interagency model projects re5 lating to environmental justice that demonstrate 

6 cooperation among Federal agencies. 

7 (3) PUBLIC PARTICIPATION.—The Working 

8 Group shall— 

9 (A) hold public meetings or otherwise so10 licit public participation and citizen science for 

11 the purpose of fact-finding with respect to the 

12 implementation of this Act; and 

13 (B) prepare for public review and publish 

14 a summary of any comments and recommenda15 tions provided. 

16 (c) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 

17 Any person may commence a civil action— 

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

19 action under this section (including regulations pro20 mulgated pursuant to this section); or 

21 (2) otherwise to ensure compliance with this 

22 section (including regulations promulgated pursuant 

23 to this section). 


lotter on DSKBCFDHB2PROD with BILLS
11 

•S 1996 IS

1 SEC. 5. FEDERAL AGENCY ACTIONS TO ADDRESS ENVIRON2 MENTAL JUSTICE. 

3 (a) FEDERAL AGENCY RESPONSIBILITIES.— 

4 (1) ENVIRONMENTAL JUSTICE MISSION.—To 

5 the maximum extent practicable and permitted by 

6 applicable law, each Federal agency shall make 

7 achieving environmental justice part of the mission 

8 of the Federal agency by identifying, addressing, 

9 and mitigating disproportionately high and adverse 

10 human health or environmental effects of the pro11 grams, policies, and activities of the Federal agency 

12 on communities of color, indigenous communities, 

13 and low-income communities in the United States 

14 (including the territories and possessions of the 

15 United States and the District of Columbia). 

16 (2) NONDISCRIMINATION.—Each Federal agen17 cy shall conduct any program, policy, or activity that 

18 substantially affects human health or the environ19 ment in a manner that ensures that the program, 

20 policy, or activity does not have the effect of exclud21 ing any individual or group from participation in, 

22 denying any individual or group the benefits of, or 

23 subjecting any individual or group to discrimination 

24 under, the program, policy, or activity because of 

25 race, color, or national origin. 

26 (3) STRATEGIES.— 


lotter on DSKBCFDHB2PROD with BILLS
12 

•S 1996 IS

1 (A) AGENCYWIDE STRATEGIES.—Each 

2 Federal agency shall implement and update, not 

3 less frequently than annually, an agencywide 

4 environmental justice strategy that identifies 

5 and addresses disproportionally high and ad6 verse human health or environmental effects of 

7 the programs, policies, spending, and other ac8 tivities of the Federal agency with respect to 

9 communities of color, indigenous communities, 

10 and low-income communities, including, as ap11 propriate for the mission of the Federal agency, 

12 with respect to the following areas: 

13 (i) Implementation of the National 

14 Environmental Policy Act of 1969 (42 

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

16 (ii) Implementation of title VI of the 

17 Civil Rights Act of 1964 (42 U.S.C. 2000d 

18 et seq.) (including regulations promulgated 

19 pursuant to that title). 

20 (iii) Implementation of the Robert T. 

21 Stafford Disaster Relief and Emergency 

22 Assistance Act (42 U.S.C. 5121 et seq.). 

23 (iv) Impacts from the lack of infra24 structure, or from deteriorated infrastruc25 ture. 


lotter on DSKBCFDHB2PROD with BILLS
13 

•S 1996 IS

1 (v) Impacts from land use. 

2 (vi) Impacts from climate change. 

3 (vii) Impacts from commercial trans4 portation. 

5 (B) REVISIONS.— 

6 (i) IN GENERAL.—Each strategy de7 veloped and updated pursuant to subpara8 graph (A) shall identify programs, policies, 

9 planning and public participation proc10 esses, rulemaking, agency spending, and 

11 enforcement activities relating to human 

12 health or the environment that may be re13 vised, at a minimum— 

14 (I) to promote enforcement of all 

15 health, environmental, and civil rights 

16 laws and regulations in areas con17 taining communities of color, indige18 nous communities, and low-income 

19 communities; 

20 (II) to ensure greater public par21 ticipation; 

22 (III) to provide increased access 

23 to infrastructure; 

24 (IV) to improve research and 

25 data collection relating to the health 


lotter on DSKBCFDHB2PROD with BILLS
14 

•S 1996 IS

1 and environment of communities of 

2 color, indigenous communities, and 

3 low-income communities, including 

4 through the increased use of citizen 

5 science; and 

6 (V) to identify differential pat7 terns of use of natural resources 

8 among communities of color, indige9 nous communities, and low-income 

10 communities. 

11 (ii) TIMETABLES.—Each strategy im12 plemented and updated pursuant to sub13 paragraph (A) shall include a timetable for 

14 undertaking revisions identified pursuant 

15 to clause (i). 

16 (C) PROGRESS REPORTS.—Not later than 

17 1 year after the date of enactment of this Act, 

18 and not less frequently than once every 5 years 

19 thereafter, each Federal agency shall submit to 

20 Congress and the Working Group, and shall 

21 publish, a progress report that includes, with 

22 respect to the period covered by the report— 

23 (i) a description of the current envi24 ronmental justice strategy of the Federal 

25 agency; 


lotter on DSKBCFDHB2PROD with BILLS
15 

•S 1996 IS

1 (ii) an evaluation of the progress 

2 made by the Federal agency at national 

3 and regional levels regarding implementa4 tion of the environmental justice strategy, 

5 including— 

6 (I) metrics used by the Federal 

7 agency to measure performance; and 

8 (II) the progress made by the 

9 Federal agency toward— 

10 (aa) the achievement of the 

11 metrics described in subclause 

12 (I); and 

13 (bb) mitigating identified in14 stances of environmental injus15 tice; 

16 (iii) a description of the participation 

17 by the Federal agency in interagency col18 laboration; 

19 (iv) responses to recommendations 

20 submitted by members of the public to the 

21 Federal agency relating to the environ22 mental justice strategy of the Federal 

23 agency and the implementation by the 

24 Federal agency of this Act; and 


lotter on DSKBCFDHB2PROD with BILLS
16 

•S 1996 IS

1 (v) any updates or revisions to the en2 vironmental justice strategy of the Federal 

3 agency, including those resulting from pub4 lic comments. 

5 (4) PUBLIC PARTICIPATION.—Each Federal 

6 agency shall— 

7 (A) ensure that meaningful opportunities 

8 exist for the public to submit comments and 

9 recommendations relating to the environmental 

10 justice strategy, progress reports, and ongoing 

11 efforts of the Federal agency to incorporate en12 vironmental justice principles into the pro13 grams, policies, and activities of the Federal 

14 agency; 

15 (B) hold public meetings or otherwise so16 licit public participation and citizen science 

17 from communities of color, indigenous commu18 nities, and low-income communities for the pur19 pose of fact-finding and policy development, re20 ceiving public comments, and conducting inquir21 ies concerning environmental justice; and 

22 (C) prepare for public review and publish 

23 a summary of the comments and recommenda24 tions provided. 


lotter on DSKBCFDHB2PROD with BILLS
17 

•S 1996 IS

1 (5) ACCESS TO INFORMATION.—Each Federal 

2 agency shall— 

3 (A) publish public documents, notices, and 

4 hearings relating to the programs, policies, and 

5 activities of the Federal agency that affect 

6 human health or the environment; and 

7 (B) translate and publish any public docu8 ments, notices, and hearings relating to an ac9 tion of the Federal agency as appropriate for 

10 the affected population, specifically in any case 

11 in which a limited English-speaking population 

12 may be disproportionately affected by that ac13 tion. 

14 (6) CODIFICATION OF GUIDANCE.— 

15 (A) COUNCIL ON ENVIRONMENTAL QUAL16 ITY.—Notwithstanding any other provision of 

17 law, sections II and III of the guidance issued 

18 by the Council on Environmental Quality enti19 tled ‘‘Environmental Justice Guidance Under 

20 the National Environmental Policy Act’’ and 

21 dated December 10, 1997, are enacted into law. 

22 (B) ENVIRONMENTAL PROTECTION AGEN23 CY.—Notwithstanding any other provision of 

24 law, the guidance issued by the Environmental 

25 Protection Agency entitled ‘‘EPA Policy on 


lotter on DSKBCFDHB2PROD with BILLS
18 

•S 1996 IS

1 Consultation and Coordination with Indian 

2 Tribes: Guidance for Discussing Tribal Treaty 

3 Rights’’ and dated February 2016 is enacted 

4 into law. 

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

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

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

10 (A) in conducting environmental or human 

11 health research, include diverse segments of the 

12 population in epidemiological and clinical stud13 ies, including segments at high risk from envi14 ronmental hazards, such as— 

15 (i) communities of color, indigenous 

16 communities, and low-income communities; 

17 and 

18 (ii) workers who may be exposed to 

19 substantial environmental hazards; 

20 (B) in conducting environmental or human 

21 health analyses, identify multiple and cumu22 lative exposures; and 

23 (C) actively encourage and solicit citizen 

24 science, and provide to communities of color, in25 digenous communities, and low-income commuVerDate Sep 11 2014 03:42 Oct 25, 2017 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996

lotter on DSKBCFDHB2PROD with BILLS
19 

•S 1996 IS

1 nities the opportunity to comment regarding the 

2 development and design of research strategies 

3 carried out pursuant to this Act. 

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

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

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

8 Federal agency shall— 

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

11 and human health risks borne by populations 

12 identified by race, national origin, or income; 

13 and 

14 (B) use that information to determine 

15 whether the programs, policies, and activities of 

16 the Federal agency have disproportionally high 

17 and adverse human health or environmental ef18 fects on communities of color, indigenous com19 munities, and low-income communities. 

20 (3) INFORMATION RELATING TO NON-FEDERAL

21 FACILITIES.—In connection with the implementation 

22 of Federal agency strategies under subsection (a)(3), 

23 each Federal agency, to the maximum extent prac24 ticable and permitted by applicable law, shall collect, 

25 maintain, and analyze information relating to the 


lotter on DSKBCFDHB2PROD with BILLS
20 

•S 1996 IS

1 race, national origin, and income level, and other 

2 readily accessible and appropriate information, for 

3 areas surrounding any facility or site expected to 

4 have a substantial environmental, human health, or 

5 economic effect on the surrounding populations, if 

6 the facility or site becomes the subject of a substan7 tial Federal environmental administrative or judicial 

8 action. 

9 (4) IMPACT FROM FEDERAL FACILITIES.—Each 

10 Federal agency, to the maximum extent practicable 

11 and permitted by applicable law, shall collect, main12 tain, and analyze information relating to the race, 

13 national origin, and income level, and other readily 

14 accessible and appropriate information, for areas 

15 surrounding any facility of the Federal agency that 

16 is— 

17 (A) subject to the reporting requirements 

18 under the Emergency Planning and Community 

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

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

21 (42 U.S.C. 4321 note; relating to Federal ac22 tions to address environmental justice in minor23 ity populations and low-income populations); 

24 and 


lotter on DSKBCFDHB2PROD with BILLS
21 

•S 1996 IS

1 (B) expected to have a substantial environ2 mental, human health, or economic effect on 

3 surrounding populations. 

4 (c) CONSUMPTION OF FISH AND WILDLIFE.— 

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

6 develop, publish (unless prohibited by law), and re7 vise, as practicable and appropriate, guidance on ac8 tions of the Federal agency that will impact fish and 

9 wildlife consumed by populations that principally 

10 rely on fish or wildlife for subsistence. 

11 (2) REQUIREMENT.—The guidance described in 

12 paragraph (1) shall— 

13 (A) reflect the latest scientific information 

14 available concerning methods for evaluating the 

15 human health risks associated with the con16 sumption of pollutant-bearing fish or wildlife; 

17 and 

18 (B) publish the risks of such consumption 

19 patterns. 

20 (d) MAPPING AND SCREENING TOOL.—The Adminis21 trator shall continue to make available to the public an 

22 environmental justice mapping and screening tool (such 

23 as EJScreen or an equivalent tool) that includes, at a min24 imum, the following features: 

25 (1) Nationally consistent data. 


lotter on DSKBCFDHB2PROD with BILLS
22 

•S 1996 IS

1 (2) Environmental data. 

2 (3) Demographic data, including data relating 

3 to race, ethnicity, and income. 

4 (4) Capacity to produce maps and reports by 

5 geographical area. 

6 (e) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 

7 Any person may commence a civil action— 

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

9 action under this section (including regulations pro10 mulgated pursuant to this section); or 

11 (2) otherwise to ensure compliance with this 

12 section (including regulations promulgated pursuant 

13 to this section). 

14 (f) INFORMATION SHARING.—In carrying out this 

15 section, each Federal agency, to the maximum extent 

16 practicable and permitted by applicable law, shall share 

17 information and eliminate unnecessary duplication of ef18 forts through the use of existing data systems and cooper19 ative agreements among Federal agencies and with State, 

20 local, and Tribal governments. 

21 SEC. 6. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY 

22 COUNCIL. 

23 (a) ESTABLISHMENT.—The establishment by the Ad24 ministrator on September 30, 1993, by charter pursuant 

25 to the Federal Advisory Committee Act (5 U.S.C. App.) 


lotter on DSKBCFDHB2PROD with BILLS
23 

•S 1996 IS

1 of the National Environmental Justice Advisory Council 

2 (referred to in this section as the ‘‘Advisory Council’’) is 

3 enacted into law. 

4 (b) DUTIES.—The Advisory Council may carry out 

5 such duties as were carried out by the Advisory Council 

6 on the day before the date of enactment of this Act, sub7 ject to modification by the Administrator, by regulation. 

8 (c) MEMBERSHIP.—The membership of the Advisory 

9 Council shall— 

10 (1) be determined and appointed in accordance 

11 with, as applicable— 

12 (A) the charter described in subsection (a) 

13 (or any subsequent amendment or revision of 

14 that charter); or 

15 (B) other appropriate bylaws or documents 

16 of the Advisory Council, as determined by the 

17 Administrator; and 

18 (2) continue in effect as in existence on the day 

19 before the date of enactment of this Act until modi20 fied in accordance with paragraph (1). 

21 (d) DESIGNATED FEDERAL OFFICER.—The Director 

22 of the Office of Environmental Justice of the Environ23 mental Protection Agency is designated as the Federal of24 ficer required under section 10(e) of the Federal Advisory 

25 Committee Act (5 U.S.C. App.) for the Advisory Council. 


lotter on DSKBCFDHB2PROD with BILLS
24 

•S 1996 IS

1 (e) MEETINGS.— 

2 (1) IN GENERAL.—The Advisory Council shall 

3 meet not less frequently than 3 times each calendar 

4 year. 

5 (2) OPEN TO PUBLIC.—Each meeting of the 

6 Advisory Council shall be held open to the public. 

7 (3) DESIGNATED FEDERAL OFFICER.—The des8 ignated Federal officer described in subsection (d) 

9 (or a designee) shall— 

10 (A) be present at each meeting of the Ad11 visory Council; 

12 (B) ensure that each meeting is conducted 

13 in accordance with an agenda approved in ad14 vance by the designated Federal officer; 

15 (C) provide an opportunity for interested 

16 persons— 

17 (i) to file comments before or after 

18 each meeting of the Advisory Council; or 

19 (ii) to make statements at such a 

20 meeting, to the extent that time permits; 

21 (D) ensure that a representative of the 

22 Working Group and a high-level representative 

23 from each regional office of the Environmental 

24 Protection Agency are invited to, and encourVerDate Sep 11 2014 03:42 Oct 25, 2017 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996

lotter on DSKBCFDHB2PROD with BILLS
25 

•S 1996 IS

1 aged to attend, each meeting of the Advisory 

2 Council; and 

3 (E) provide technical assistance to States 

4 seeking to establish State-level environmental 

5 justice advisory councils or implement other en6 vironmental justice policies or programs. 

7 (f) RESPONSES FROM ADMINISTRATOR.— 

8 (1) PUBLIC COMMENT INQUIRIES.—The Admin9 istrator shall provide a written response to each in10 quiry submitted to the Administrator by a member 

11 of the public before or after each meeting of the Ad12 visory Council by not later than 120 days after the 

13 date of submission. 

14 (2) RECOMMENDATIONS FROM ADVISORY COUN15 CIL.—The Administrator shall provide a written re16 sponse to each recommendation submitted to the Ad17 ministrator by the Advisory Council by not later 

18 than 120 days after the date of submission. 

19 (g) TRAVEL EXPENSES.—A member of the Advisory 

20 Council may be allowed travel expenses, including per 

21 diem in lieu of subsistence, at such rate as the Adminis22 trator determines to be appropriate while away from the 

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

24 performance of the duties of the Advisory Council. 


lotter on DSKBCFDHB2PROD with BILLS
26 

•S 1996 IS

1 (h) DURATION.—The Advisory Council shall remain 

2 in existence unless otherwise provided by law. 

3 SEC. 7. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 

4 (a) IN GENERAL.—The Administrator shall continue 

5 to carry out the Environmental Justice Small Grants Pro6 gram and the Environmental Justice Collaborative Prob7 lem-Solving Cooperative Agreement Program, as those 

8 programs are in existence on the date of enactment of this 

9 Act. 

10 (b) CARE GRANTS.—The Administrator shall con11 tinue to carry out the Community Action for a Renewed 

12 Environment grant programs I and II, as in existence on 

13 January 1, 2012. 

14 (c) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out the programs 

16 described in subsections (a) and (b) $10,000,000 for each 

17 of fiscal years 2018 through 2027. 

18 SEC. 8. CONSIDERATION OF CUMULATIVE IMPACTS AND 

19 PERSISTENT VIOLATIONS IN CERTAIN PER20 MITTING DECISIONS. 

21 (a) FEDERAL WATER POLLUTION CONTROL ACT.— 

22 Section 402 of the Federal Water Pollution Control Act 

23 (33 U.S.C. 1342) is amended— 


lotter on DSKBCFDHB2PROD with BILLS
27 

•S 1996 IS

1 (1) by striking the section designation and 

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

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

4 ‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI5 NATION SYSTEM. 

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

7 ‘‘(1) IN GENERAL.—Except as’’; 

8 (2) in subsection (a)— 

9 (A) in paragraph (1)— 

10 (i) by striking ‘‘upon condition that 

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

12 and inserting the following: ‘‘subject to the 

13 conditions that— 

14 ‘‘(A) the discharge will achieve compliance 

15 with, as applicable— 

16 ‘‘(i) all’’; 

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

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

19 ‘‘403; or 

20 ‘‘(ii) prior’’; and 

21 (iii) by striking ‘‘this Act.’’ and insert22 ing the following: ‘‘this Act; and 

23 ‘‘(B) with respect to the issuance or re24 newal of the permit— 


lotter on DSKBCFDHB2PROD with BILLS
28 

•S 1996 IS

1 ‘‘(i) based on an analysis by the Ad2 ministrator of existing water quality and 

3 the potential cumulative impacts (as de4 fined in section 501 of the Clean Air Act 

5 (42 U.S.C. 7661)) of the discharge, consid6 ered in conjunction with the designated 

7 and actual uses of the impacted navigable 

8 water, there exists a reasonable certainty 

9 of no harm to the health of the general 

10 population, or to any potentially exposed or 

11 susceptible subpopulation; or 

12 ‘‘(ii) if the Administrator determines 

13 that, due to those potential cumulative im14 pacts, there does not exist a reasonable 

15 certainty of no harm to the health of the 

16 general population, or to any potentially 

17 exposed or susceptible subpopulation, the 

18 permit or renewal includes such terms and 

19 conditions as the Administrator determines 

20 to be necessary to ensure a reasonable cer21 tainty of no harm.’’; and 

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

23 compliance with the requirements of paragraph 

24 (1) of this subsection, including conditions on 

25 data and information collection, reporting, and 


lotter on DSKBCFDHB2PROD with BILLS
29 

•S 1996 IS

1 such other requirements as he deems appro2 priate.’’ and inserting the following: ‘‘ensure 

3 compliance with the requirements of paragraph 

4 (1), including— 

5 ‘‘(A) conditions relating to— 

6 ‘‘(i) data and information collection; 

7 ‘‘(ii) reporting; and 

8 ‘‘(iii) such other requirements as the 

9 Administrator determines to be appro10 priate; and 

11 ‘‘(B) additional controls or pollution pre12 vention requirements.’’; and 

13 (3) in subsection (b)— 

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

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

16 at the end and inserting a period; 

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

18 at the end and inserting a period; and 

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

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

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

22 permit, the State determines, based on an analysis 

23 by the State of existing water quality and the poten24 tial cumulative impacts (as defined in section 501 of 

25 the Clean Air Act (42 U.S.C. 7661)) of the disVerDate Sep 11 2014 03:42 Oct 25, 2017 Jkt 079200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996

lotter on DSKBCFDHB2PROD with BILLS
30 

•S 1996 IS

1 charge, considered in conjunction with the des2 ignated and actual uses of the impacted navigable 

3 water, that the terms and conditions of the permit 

4 or renewal would not be sufficient to ensure a rea5 sonable certainty of no harm to the health of the 

6 general population, or to any potentially exposed or 

7 susceptible subpopulation.’’. 

8 (b) CLEAN AIR ACT.— 

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

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

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

12 by striking ‘‘As used in this title—’’ and insert13 ing ‘‘In this title:’’; 

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

15 and (4) as paragraphs (3), (5), and (4), respec16 tively, and moving the paragraphs so as to ap17 pear in numerical order; and 

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

19 following: 

20 ‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu21 lative impacts’ means any exposure, public health or 

22 environmental risk, or other effect occurring in a 

23 specific geographical area, including from an emis24 sion or release— 

25 ‘‘(A) including— 


lotter on DSKBCFDHB2PROD with BILLS
31 

•S 1996 IS

1 ‘‘(i) environmental pollution re2 leased— 

3 ‘‘(I)(aa) routinely; 

4 ‘‘(bb) accidentally; or 

5 ‘‘(cc) otherwise; and 

6 ‘‘(II) from any source, whether 

7 single or multiple; and 

8 ‘‘(ii) as assessed based on the com9 bined past, present, and reasonably fore10 seeable emissions and discharges affecting 

11 the geographical area; and 

12 ‘‘(B) evaluated taking into account sen13 sitive populations and socioeconomic factors, 

14 where applicable.’’. 

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

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

17 (A) in paragraph (5)— 

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

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

20 inserting ‘‘ensure’’; and 

21 (ii) by striking subparagraph (F) and 

22 inserting the following: 

23 ‘‘(F) ensure that no permit will be issued or re24 newed, as applicable, if— 


lotter on DSKBCFDHB2PROD with BILLS
32 

•S 1996 IS

1 ‘‘(i) with respect to an application for a 

2 permit or renewal of a permit for a major 

3 source, the permitting authority determines 

4 under paragraph (9)(A)(i)(II)(bb) that the 

5 terms and conditions of the permit or renewal 

6 would not be sufficient to ensure a reasonable 

7 certainty of no harm to the health of the gen8 eral population, or to any potentially exposed or 

9 susceptible subpopulation, of the applicable cen10 sus tracts or Tribal census tracts (as those 

11 terms are defined by the Director of the Bureau 

12 of the Census); or 

13 ‘‘(ii) the Administrator objects to the 

14 issuance of the permit in a timely manner 

15 under this title.’’; and 

16 (B) in paragraph (9)— 

17 (i) in the fourth sentence, by striking 

18 ‘‘Such permit revision’’ and inserting the 

19 following: 

20 ‘‘(iii) TREATMENT AS RENEWAL.—A 

21 permit revision under this paragraph’’; 

22 (ii) in the third sentence, by striking 

23 ‘‘No such revision shall’’ and inserting the 

24 following: 


lotter on DSKBCFDHB2PROD with BILLS
33 

•S 1996 IS

1 ‘‘(ii) EXCEPTION.—A revision under 

2 this paragraph shall not’’; 

3 (iii) in the second sentence, by strik4 ing ‘‘Such revisions’’ and inserting the fol5 lowing: 

6 ‘‘(B) REVISION REQUIREMENTS.— 

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

8 in subparagraph (A)(ii)’’; and 

9 (iv) by striking the paragraph des10 ignation and all that follows through ‘‘shall 

11 require’’ in the first sentence and inserting 

12 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 proposed major 

22 source, as described in the applicable 

23 cumulative impacts analysis submitted 

24 under section 503(b)(3); 


lotter on DSKBCFDHB2PROD with BILLS
34 

•S 1996 IS

1 ‘‘(II) if, due to those potential 

2 cumulative impacts, the permitting 

3 authority cannot determine that there 

4 exists a reasonable certainty of no 

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

7 or susceptible subpopulation, of any 

8 census tracts or Tribal census tracts 

9 (as those terms are defined by the Di10 rector of the Bureau of the Census) 

11 located in, or immediately adjacent to, 

12 the area in which the major source is, 

13 or is proposed to be, located— 

14 ‘‘(aa) include in the permit 

15 or renewal such terms and condi16 tions (including additional con17 trols or pollution prevention re18 quirements) as the permitting 

19 authority determines to be nec20 essary to ensure a reasonable cer21 tainty of no harm; or 

22 ‘‘(bb) if the permitting au23 thority determines that terms 

24 and conditions described in item 

25 (aa) would not be sufficient to 


lotter on DSKBCFDHB2PROD with BILLS
35 

•S 1996 IS

1 ensure a reasonable certainty of 

2 no harm, deny the issuance or re3 newal of the permit; 

4 ‘‘(III) determine whether the ap5 plicant is a persistent violator, based 

6 on such criteria relating to the history 

7 of compliance by an applicant with 

8 this Act as the Administrator shall es9 tablish by not later than 180 days 

10 after the date of enactment of the En11 vironmental Justice Act of 2017; 

12 ‘‘(IV) if the permitting authority 

13 determines under subclause (III) that 

14 the applicant is a persistent violator 

15 and the permitting authority does not 

16 deny the issuance or renewal of the 

17 permit pursuant to subclause 

18 (V)(bb)— 

19 ‘‘(aa) require the applicant 

20 to submit a redemption plan that 

21 describes— 

22 ‘‘(AA) if the applicant 

23 is not compliance with this 

24 Act, measures the applicant 

25 will carry out to achieve that 


lotter on DSKBCFDHB2PROD with BILLS
36 

•S 1996 IS

1 compliance, together with an 

2 approximate deadline for 

3 that achievement; 

4 ‘‘(BB) measures the 

5 applicant will carry out, or 

6 has carried out to ensure the 

7 applicant will remain in 

8 compliance with this Act, 

9 and to mitigate the environ10 mental and health effects of 

11 noncompliance; and 

12 ‘‘(CC) the measures the 

13 applicant has carried out in 

14 preparing the redemption 

15 plan to consult or negotiate 

16 with the communities af17 fected by each persistent vio18 lation addressed in the plan; 

19 and 

20 ‘‘(bb) once such a redemp21 tion plan is submitted, determine 

22 whether the plan is adequate to 

23 ensuring that the applicant— 


lotter on DSKBCFDHB2PROD with BILLS
37 

•S 1996 IS

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

4 ‘‘(BB) will remain in 

5 compliance with this Act; 

6 ‘‘(CC) will mitigate the 

7 environmental and health ef8 fects of noncompliance; and 

9 ‘‘(DD) has solicited and 

10 responded to community 

11 input regarding the redemp12 tion plan; and 

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

15 authority determines that— 

16 ‘‘(aa) the redemption plan 

17 submitted under subclause 

18 (IV)(aa) is inadequate; or 

19 ‘‘(bb)(AA) the applicant has 

20 submitted a redemption plan on 

21 a prior occasion, but continues to 

22 be a persistent violator; and 

23 ‘‘(BB) no indication exists 

24 of extremely exigent cirVerDate Sep 11 2014 03:42 Oct 25, 2017 Jkt 079200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S1996.IS S1996

lotter on DSKBCFDHB2PROD with BILLS
38 

•S 1996 IS

1 cumstances excusing the per2 sistent violations; and 

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

4 a term of 3 years or longer, require in ac5 cordance with subparagraph (B).’’. 

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

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

8 by adding at the end the following: 

9 ‘‘(3) MAJOR SOURCE ANALYSES.—The regula10 tions required by section 502(b) shall include a re11 quirement that an applicant for a permit or renewal 

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

13 with the compliance plan required under this sub14 section, a cumulative impacts analysis for each cen15 sus tract or Tribal census tract (as those terms are 

16 defined by the Director of the Bureau of the Cen17 sus) located in, or immediately adjacent to, the area 

18 in which the major source is, or is proposed to be, 

19 located that analyzes— 

20 ‘‘(A) community demographics and loca21 tions of community exposure points, such as 

22 schools, day care centers, nursing homes, hos23 pitals, health clinics, places of religious worship, 

24 parks, playgrounds, and community centers; 


lotter on DSKBCFDHB2PROD with BILLS
39 

•S 1996 IS

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

2 that air quality of emissions of air pollutants 

3 (including pollutants listed under section 108 or 

4 112) from the proposed major source, including 

5 in combination with existing sources of pollut6 ants; 

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

8 and water quality of emissions of lead and other 

9 air pollutants that could contaminate soil or 

10 water from the proposed major source, includ11 ing in combination with existing sources of pol12 lutants; and 

13 ‘‘(D) public health and any potential ef14 fects on public health of the proposed major 

15 source.’’. 

16 SEC. 9. IMPLIED RIGHTS OF ACTION AND COMMON LAW 

17 CLAIMS. 

18 Section 505 of the Federal Water Pollution Control 

19 Act (33 U.S.C. 1365) is amended by adding at the end 

20 the following: 

21 ‘‘(i) EFFECT ON IMPLIED RIGHTS OF ACTION AND

22 COMMON LAW CLAIMS.— 

23 ‘‘(1) DEFINITION OF COVERED ACT.—In this 

24 subsection: 


lotter on DSKBCFDHB2PROD with BILLS
40 

•S 1996 IS

1 ‘‘(A) IN GENERAL.—The term ‘covered 

2 Act’ means— 

3 ‘‘(i) this Act; 

4 ‘‘(ii) the Federal Insecticide, Fun5 gicide, and Rodenticide Act (7 U.S.C. 136 

6 et seq.); 

7 ‘‘(iii) the Surface Mining Control and 

8 Reclamation Act of 1977 (30 U.S.C. 1201 

9 et seq.); 

10 ‘‘(iv) the Marine Protection, Research, 

11 and Sanctuaries Act of 1972 (33 U.S.C. 

12 1401 et seq.); 

13 ‘‘(v) the Safe Drinking Water Act (42 

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

15 ‘‘(vi) the Solid Waste Disposal Act 

16 (42 U.S.C. 6901 et seq.); 

17 ‘‘(vii) the Clean Air Act (42 U.S.C. 

18 7401 et seq.); 

19 ‘‘(viii) the Comprehensive Environ20 mental Response, Compensation, and Li21 ability Act of 1980 (42 U.S.C. 9601 et 

22 seq.); and 

23 ‘‘(ix) any other Act administered by 

24 the Administrator. 


lotter on DSKBCFDHB2PROD with BILLS
41 

•S 1996 IS

1 ‘‘(B) INCLUSIONS.—The term ‘covered 

2 Act’ includes any provision of an Act described 

3 in subparagraph (A) the date of enactment of 

4 which is after the date of enactment of this 

5 subsection, unless that provision is specifically 

6 excluded from this subsection. 

7 ‘‘(2) EFFECT.—Nothing in a covered Act pre8 cludes the right to bring an action— 

9 ‘‘(A) under section 1979 of the Revised 

10 Statutes (42 U.S.C. 1983); or 

11 ‘‘(B) that is implied under— 

12 ‘‘(i) a covered Act; or 

13 ‘‘(ii) common law. 

14 ‘‘(3) APPLICATION.—Nothing in this section 

15 precludes the right to bring an action under any 

16 provision of law that is not a covered Act.’’. 

17 SEC. 10. PRIVATE RIGHTS OF ACTION FOR DISCRIMINA18 TORY PRACTICES. 

19 (a) RIGHT OF ACTION.—Section 602 of the Civil 

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

21 (1) by inserting ‘‘(a)’’ before ‘‘Each Federal de22 partment and agency which is empowered’’; and 

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

24 ‘‘(b) Any person aggrieved by the failure of a covered 

25 entity to comply with this title, including any regulation 


lotter on DSKBCFDHB2PROD with BILLS
42 

•S 1996 IS

1 promulgated pursuant to this title, may bring a civil action 

2 in any Federal or State court of competent jurisdiction 

3 to enforce such person’s rights under this title.’’. 

4 (b) EFFECTIVE DATE.— 

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

6 amendments made by this section, takes effect on 

7 the date of enactment of this Act. 

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

9 amendments made by this section, applies to all ac10 tions or proceedings pending on or after the date of 

11 enactment of this Act. 

Æ 


lotter on DSKBCFDHB2PROD with BILLS