II 

117TH CONGRESS 

1ST SESSION S. 872 

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

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 18, 2021 

Ms. DUCKWORTH (for herself, Ms. WARREN, Ms. SMITH, Mr. MERKLEY, Mr. 

DURBIN, Mr. WYDEN, Mr. SCHATZ, Mr. MARKEY, Mr. BOOKER, Mr. 

BLUMENTHAL, Mr. SANDERS, Mr. VAN HOLLEN, and Mr. PADILLA) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL 

To restore, reaffirm, and reconcile environmental justice and 

civil rights, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Environmental Justice For All Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings; statement of policy. 

Sec. 3. Definitions. 

Sec. 4. Prohibited discrimination. 


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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. 

1 SEC. 2. FINDINGS; STATEMENT OF POLICY. 

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

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

5 fuel-dependent communities, and other vulnerable 

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


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1 (2) Environmental justice disparities are also 

2 exhibited through a lack of equitable access to green 

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

5 hazards. 

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

8 and economic injustices and face a disproportionate 

9 burden of adverse human health or environmental 

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

11 structural discrimination, and disproportionate en12 ergy burdens. 

13 (4) Environmental justice communities have 

14 been made more vulnerable to the effects of climate 

15 change due to a combination of factors, particularly 

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

20 partners and stakeholders in government decision 

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

23 (5) Potential environmental and climate threats 

24 to environmental justice communities merit a higher 

25 level of engagement, review, and consent to ensure 


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

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

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

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

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

13 health or environmental effects of its programs, but 

14 Federal agencies have been inconsistent in updating 

15 their strategic plans for environmental justice and 

16 reporting on their progress in enacting those plans. 

17 (8) Government action to correct environmental 

18 injustices is a moral imperative. Federal policy can 

19 and should improve public health and improve the 

20 overall well-being of all communities. 

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

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

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


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

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

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

7 areas contaminated by pollution or environmental 

8 degradation, including access to jobs, and members 

9 of those communities must be fully and meaningfully 

10 involved in transition planning processes. 

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

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

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

17 (1) seek to achieve environmental justice as 

18 part of its mission by identifying and addressing, as 

19 appropriate, disproportionately adverse human 

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

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

24 the United States; 


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

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

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

8 to Federal agency action on environmental justice 

9 issues; 

10 (4) cooperate with State governments, Tribal 

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

14 healthy, sustainable, and resilient communities; and 

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

16 safe and affordable drinking water, protection from 

17 climate hazards, and the sustainable preservation of 

18 the ecological integrity and aesthetic, scientific, cul19 tural, and historical values of the natural environ20 ment. 

21 SEC. 3. DEFINITIONS. 

22 In this Act: 

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


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

2 Council’’ means the National Environmental Justice 

3 Advisory Council established by the President under 

4 section 18. 

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

8 19. 

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

11 area in which the population of any of the following 

12 categories of individuals is higher than the average 

13 population of that category for the State in which 

14 the community is located: 

15 (A) Black. 

16 (B) African American. 

17 (C) Asian. 

18 (D) Pacific Islander. 

19 (E) Other non-White race. 

20 (F) Hispanic. 

21 (G) Latino. 

22 (H) Linguistically isolated. 

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

24 the Director of the National Institute of Environ25 mental Health Sciences. 


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

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

3 appearing neutral, actually has the effect of sub4 jecting persons to discrimination on the basis of 

5 race, color, or national origin. 

6 (7) DISPROPORTIONATE BURDEN OF ADVERSE

7 HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 

8 The term ‘‘disproportionate burden of adverse 

9 human health or environmental effects’’ means a sit10 uation where there exists higher or more adverse 

11 human health or environmental effects on commu12 nities of color, low-income communities, and Tribal 

13 and Indigenous communities. 

14 (8) ENVIRONMENTAL JUSTICE.—The term ‘‘en15 vironmental justice’’ means the fair treatment and 

16 meaningful involvement of all people regardless of 

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

18 respect to the development, implementation, and en19 forcement of environmental laws, regulations, and 

20 policies to ensure that each person enjoys— 

21 (A) the same degree of protection from en22 vironmental and health hazards; and 

23 (B) equal access to any Federal agency ac24 tion on environmental justice issues in order to 


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1 have a healthy environment in which to live, 

2 learn, work, and recreate. 

3 (9) ENVIRONMENTAL JUSTICE COMMUNITY.— 

4 The term ‘‘environmental justice community’’ means 

5 a community with significant representation of com6 munities of color, low-income communities, or Tribal 

7 and Indigenous communities, that experiences, or is 

8 at risk of experiencing higher or more adverse 

9 human health or environmental effects. 

10 (10) ENVIRONMENTAL LAW.—The term ‘‘envi11 ronmental law’’ includes— 

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

13 seq.); 

14 (B) the Federal Water Pollution Control 

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

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

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

18 (D) the National Environmental Policy Act 

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

20 (E) the Pollution Prevention Act of 1990 

21 (42 U.S.C. 13101 et seq.); 

22 (F) the Safe Drinking Water Act (42 

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

24 (G) the Solid Waste Disposal Act (42 

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


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1 (H) the Federal Insecticide, Fungicide, 

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

3 (I) the Toxic Substances Control Act (15 

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

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

8 that ensures that no group of individuals (including 

9 racial, ethnic, or socioeconomic groups) experience a 

10 disproportionate burden of adverse human health or 

11 environmental effects resulting from such program, 

12 policy, practice, or activity, as determined through 

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

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

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

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

19 Indian Self-Determination and Education Assistance 

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

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

22 government’’ means— 

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

24 township, local public authority, school district, 

25 special district, intrastate district, council of 


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1 governments (regardless of whether the council 

2 of governments is incorporated as a nonprofit 

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

6 (B) an Indian Tribe or authorized Tribal 

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

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

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

11 group in which 30 percent or more of the population 

12 are individuals with an annual household income 

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

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

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

17 of Housing and Urban Development; and 

18 (B) 200 percent of the Federal poverty 

19 line. 

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

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

23 characteristics, such as race, ethnicity, national ori24 gin, income level, health disparities, or other public 

25 health and socioeconomic attributes. 


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

2 (A) any State of the United States; 

3 (B) the District of Columbia; 

4 (C) the Commonwealth of Puerto Rico; 

5 (D) the United States Virgin Islands; 

6 (E) Guam; 

7 (F) American Samoa; and 

8 (G) the Commonwealth of the Northern 

9 Mariana Islands. 

10 (17) TRIBAL AND INDIGENOUS COMMUNITY.— 

11 The term ‘‘Tribal and Indigenous community’’ 

12 means a population of people who are members of— 

13 (A) a federally recognized Indian Tribe; 

14 (B) a State-recognized Indian Tribe; 

15 (C) an Alaska Native or Native Hawaiian 

16 community or organization; or 

17 (D) any other community of Indigenous 

18 people located in a State. 

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

20 Government’’ means the governing body of an In21 dian Tribe. 

22 (19) WHITE HOUSE INTERAGENCY COUNCIL.— 

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

24 the White House Environmental Justice Interagency 

25 Council described in section 8. 


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1 SEC. 4. PROHIBITED DISCRIMINATION. 

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

3 U.S.C. 2000d) is amended— 

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

5 and 

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

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

8 participation and denial of benefits) based on disparate 

9 impact is established under this title if— 

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

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

14 origin and the covered entity fails to demonstrate 

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

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

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

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

22 entity refuses to adopt such alternative program, 

23 policy, practice, or activity. 

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

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


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

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

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

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

7 or activity. 

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

11 defense against a claim of intentional discrimination under 

12 this title. 

13 ‘‘(3) In this subsection— 

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

15 the burdens of going forward with the evidence and 

16 of persuasion; and 

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

19 Justice For All Act. 

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

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

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

2 hearing under this title.’’. 

3 SEC. 5. RIGHT OF ACTION. 

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

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

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

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

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

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

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

15 (b) EFFECTIVE DATE.— 

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

17 amendments made by this section, takes effect on 

18 the date of enactment of this Act. 

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

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

22 enactment of this Act. 


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1 SEC. 6. RIGHTS OF RECOVERY. 

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

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

4 the following: 

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

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

7 DISCRIMINATION.—In an action brought by an aggrieved 

8 person under this title against an entity subject to this 

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

10 has engaged in unlawful intentional discrimination (not a 

11 practice that is unlawful because of its disparate impact) 

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

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

16 the action, except that punitive damages are not available 

17 against a government, government agency, or political 

18 subdivision. 

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

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

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

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

26 action. 


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

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

5 origin. 

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

7 impact’ has the meaning given the term in section 

8 3 of the Environmental Justice For All Act.’’. 

9 SEC. 7. CONSIDERATION OF CUMULATIVE IMPACTS AND 

10 PERSISTENT VIOLATIONS IN CERTAIN PER11 MITTING DECISIONS. 

12 (a) FEDERAL WATER POLLUTION CONTROL ACT.— 

13 Section 402 of the Federal Water Pollution Control Act 

14 (33 U.S.C. 1342) is amended— 

15 (1) by striking the section designation and 

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

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

18 ‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI19 NATION SYSTEM. 

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

21 ‘‘(1) IN GENERAL.—Except as’’; 

22 (2) in subsection (a)— 

23 (A) in paragraph (1)— 

24 (i) by striking ‘‘upon condition that 

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


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1 and inserting the following: ‘‘subject to the 

2 conditions that— 

3 ‘‘(A) the discharge will achieve compliance 

4 with, as applicable— 

5 ‘‘(i) all’’; 

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

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

8 ‘‘403; or 

9 ‘‘(ii) prior’’; and 

10 (iii) by striking ‘‘this Act.’’ and insert11 ing the following: ‘‘this Act; and 

12 ‘‘(B) with respect to the issuance or re13 newal of the permit— 

14 ‘‘(i) based on an analysis by the Ad15 ministrator of existing water quality and 

16 the potential cumulative impacts (as de17 fined in section 501 of the Clean Air Act 

18 (42 U.S.C. 7661)) of the discharge, consid19 ered in conjunction with the designated 

20 and actual uses of the impacted navigable 

21 water, there exists a reasonable certainty 

22 of no harm to the health of the general 

23 population, or to any potentially exposed or 

24 susceptible subpopulation; or 


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1 ‘‘(ii) if the Administrator determines 

2 that, due to those potential cumulative im3 pacts, there does not exist a reasonable 

4 certainty of no harm to the health of the 

5 general population, or to any potentially 

6 exposed or susceptible subpopulation, the 

7 permit or renewal includes such terms and 

8 conditions as the Administrator determines 

9 to be necessary to ensure a reasonable cer10 tainty of no harm.’’; and 

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

12 compliance with the requirements of paragraph 

13 (1) of this subsection, including conditions on 

14 data and information collection, reporting, and 

15 such other requirements as he deems appro16 priate.’’ and inserting the following: ‘‘ensure 

17 compliance with the requirements of paragraph 

18 (1), including— 

19 ‘‘(A) conditions relating to— 

20 ‘‘(i) data and information collection; 

21 ‘‘(ii) reporting; and 

22 ‘‘(iii) such other requirements as the 

23 Administrator determines to be appro24 priate; and 


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1 ‘‘(B) additional controls or pollution pre2 vention requirements.’’; and 

3 (3) in subsection (b)— 

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

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

6 at the end and inserting a period; 

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

8 at the end and inserting a period; and 

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

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

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

12 permit, the State determines, based on an analysis 

13 by the State of existing water quality and the poten14 tial cumulative impacts (as defined in section 501 of 

15 the Clean Air Act (42 U.S.C. 7661)) of the dis16 charge, considered in conjunction with the des17 ignated and actual uses of the impacted navigable 

18 water, that the terms and conditions of the permit 

19 or renewal would not be sufficient to ensure a rea20 sonable certainty of no harm to the health of the 

21 general population, or to any potentially exposed or 

22 susceptible subpopulation.’’. 

23 (b) CLEAN AIR ACT.— 

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

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


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

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

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

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

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

9 following: 

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

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

14 an emission, discharge, or release— 

15 ‘‘(A) including— 

16 ‘‘(i) environmental pollution re17 leased— 

18 ‘‘(I)(aa) routinely; 

19 ‘‘(bb) accidentally; or 

20 ‘‘(cc) otherwise; and 

21 ‘‘(II) from any source, whether 

22 single or multiple; and 

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1 seeable emissions and discharges affecting 

2 the geographical area; and 

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

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

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

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

10 (A) in paragraph (5)— 

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

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

13 inserting ‘‘ensure’’; and 

14 (ii) by striking subparagraph (F) and 

15 inserting the following: 

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

17 or renewed, as applicable, if— 

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

19 a permit or renewal of a permit for a 

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

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

24 ensure a reasonable certainty of no harm 

25 to the health of the general population, or 


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1 to any potentially exposed or susceptible 

2 subpopulation, of the applicable census 

3 block groups or Tribal census block groups 

4 (as those terms are defined by the Director 

5 of the Bureau of the Census); or 

6 ‘‘(ii) the Administrator objects to the 

7 issuance of the permit in a timely manner 

8 under this title.’’; and 

9 (B) by striking paragraph (9) and insert10 ing the following: 

11 ‘‘(9) MAJOR SOURCES.— 

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

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

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

16 ‘‘(i) in determining whether to issue 

17 or renew the permit— 

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

20 described in the applicable cumulative 

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

24 factors within a community; 


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1 ‘‘(II) if, due to those potential 

2 cumulative impacts, the permitting 

3 authority cannot determine that there 

4 exists a reasonable certainty of no 

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

7 or susceptible subpopulation, of any 

8 census block groups or Tribal census 

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

11 the Census) located in, or immediately 

12 adjacent to, the area in which the 

13 major source is, or is proposed to be, 

14 located— 

15 ‘‘(aa) include in the permit 

16 or renewal such standards and 

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

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

23 or 

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


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1 and requirements described in 

2 item (aa) would not be sufficient 

3 to ensure a reasonable certainty 

4 of no such harm, deny the 

5 issuance or renewal of the per6 mit; 

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

9 on such criteria relating to the history 

10 of compliance by an applicant with 

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

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

15 ‘‘(IV) if the permitting authority 

16 determines under subclause (III) that 

17 the applicant is a persistent violator 

18 and the permitting authority does not 

19 deny the issuance or renewal of the 

20 permit pursuant to subclause 

21 (II)(bb)— 

22 ‘‘(aa) require the applicant 

23 to submit a plan that describes— 

24 ‘‘(AA) if the applicant 

25 is not in compliance with 


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

3 achieve that compliance, to4 gether with an approximate 

5 deadline for that achieve6 ment; 

7 ‘‘(BB) measures the 

8 applicant will carry out, or 

9 has carried out to ensure the 

10 applicant will remain in 

11 compliance with this Act, 

12 and to mitigate the environ13 mental and health effects of 

14 noncompliance; and 

15 ‘‘(CC) the measures the 

16 applicant has carried out in 

17 preparing the plan to con18 sult or negotiate with the 

19 communities affected by 

20 each persistent violation ad21 dressed in the plan; and 

22 ‘‘(bb) once such a plan is 

23 submitted, determine whether the 

24 plan is adequate to ensuring that 

25 the applicant— 


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

4 ‘‘(BB) will remain in 

5 compliance with this Act; 

6 ‘‘(CC) will mitigate the 

7 environmental and health ef8 fects of noncompliance; and 

9 ‘‘(DD) has solicited and 

10 responded to community 

11 input regarding the plan; 

12 and 

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

15 authority determines that— 

16 ‘‘(aa) the plan submitted 

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

19 ‘‘(bb)(AA) the applicant has 

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

23 ‘‘(BB) no indication exists 

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1 stances excusing the persistent 

2 violations; and 

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

4 a term of 3 years or longer, require permit 

5 revisions in accordance with subparagraph 

6 (B). 

7 ‘‘(B) REVISION REQUIREMENTS.— 

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

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

11 with the procedures established under 

12 paragraph (6) but not later than 18 

13 months after the promulgation of such 

14 standards and regulations. 

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

16 this paragraph shall not be required if the 

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

19 permit term. 

20 ‘‘(iii) TREATMENT AS RENEWAL.—A 

21 permit revision under this paragraph shall 

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


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

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

3 by adding at the end the following: 

4 ‘‘(3) MAJOR SOURCE ANALYSES.—The regula5 tions required by section 502(b) shall include a re6 quirement that an applicant for a permit or renewal 

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

8 with the compliance plan required under this sub9 section, a cumulative impacts analysis for each cen10 sus block group or Tribal census block group (as 

11 those terms are defined by the Director of the Bu12 reau of the Census) located in, or immediately adja13 cent to, the area in which the major source is, or is 

14 proposed to be, located that analyzes— 

15 ‘‘(A) community demographics and loca16 tions of community exposure points, such as 

17 schools, day care centers, nursing homes, hos18 pitals, health clinics, places of religious worship, 

19 parks, playgrounds, and community centers; 

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

21 that air quality of emissions of air pollutants 

22 (including pollutants listed under section 108 or 

23 112) from the major source, including in com24 bination with existing sources of pollutants; 


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

2 and water quality of emissions of lead and other 

3 air pollutants that could contaminate soil or 

4 water from the major source, including in com5 bination with existing sources of pollutants; and 

6 ‘‘(D) public health and any potential ef7 fects on public health from the major source.’’. 

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

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

11 within the Executive Office of the President a White 

12 House Environmental Justice Interagency Council. 

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

14 interagency council are— 

15 (1) to improve coordination and collaboration 

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

18 as appropriate, the disproportionate human health 

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

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

23 (2) to promote meaningful involvement and due 

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


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1 (3) to coordinate with, and provide direct guid2 ance and technical assistance to, environmental jus3 tice communities, with a focus on increasing commu4 nity understanding of the science, regulations, and 

5 policy related to Federal agency actions on environ6 mental justice issues; 

7 (4) to address environmental health, pollution, 

8 and public health burdens in environmental justice 

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

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

12 current and historical environmental injustice, in 

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

15 leaders, that includes— 

16 (A) clear performance metrics to ensure 

17 accountability; and 

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

20 White House interagency council. 

21 (c) COMPOSITION.—The White House interagency 

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

23 designee): 

24 (1) The Secretary of Agriculture. 

25 (2) The Secretary of Commerce. 


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1 (3) The Secretary of Defense. 

2 (4) The Secretary of Education. 

3 (5) The Secretary of Energy. 

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

6 (7) The Secretary of Homeland Security. 

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

9 (9) The Secretary of the Interior. 

10 (10) The Attorney General. 

11 (11) The Secretary of Labor. 

12 (12) The Secretary of Transportation. 

13 (13) The Administrator of the Environmental 

14 Protection Agency. 

15 (14) The Director of the Office of Management 

16 and Budget. 

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

18 Technology Policy. 

19 (16) The Deputy Assistant to the President for 

20 Environmental Policy. 

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

23 (18) The Director of the National Economic 

24 Council. 


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1 (19) The Chairperson of the Council on Envi2 ronmental Quality. 

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

5 (21) The Director of the National Institutes of 

6 Health. 

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

9 (23) The Chairperson of the Consumer Product 

10 Safety Commission. 

11 (24) The Chairperson of the Chemical Safety 

12 Board. 

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

14 (26) The Assistant Secretary of the Bureau of 

15 Indian Affairs. 

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

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

19 President may designate. 

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

21 on Environmental Quality shall serve as Chairperson of 

22 the White House interagency council. 

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

24 interagency council shall report to the President through 

25 the Chairperson of the Council on Environmental Quality. 


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1 (f) UNIFORM CONSIDERATION GUIDANCE.— 

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

3 common level of understanding of terminology used 

4 in dealing with environmental justice issues, not 

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

6 Act, after coordinating with and conducting outreach 

7 to environmental justice communities, State govern8 ments, Tribal Governments, and local governments, 

9 the White House interagency council shall develop 

10 and publish in the Federal Register a guidance doc11 ument to assist Federal agencies in defining and ap12 plying the following terms: 

13 (A) Health disparities. 

14 (B) Environmental exposure disparities. 

15 (C) Demographic characteristics, including 

16 age, sex, and race or ethnicity. 

17 (D) Social stressors, including poverty, 

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

20 historical trauma, and lack of community re21 sources. 

22 (E) Cumulative impacts or risks. 

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


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1 (G) Barriers to meaningful involvement in 

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

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

6 obtain equitable access to environmental amen7 ities. 

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

9 less than 30 days, the White House interagency 

10 council shall seek public comment on the guidance 

11 document developed under paragraph (1). 

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

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

15 agency participating in the White House interagency 

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

19 Federal agency developed and finalized under section 

20 9(b). 

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

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

24 once every 3 years, after notice and opportunity for 

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1 cil shall update a coordinated interagency Federal 

2 environmental justice strategy to address current 

3 and historical environmental injustice. 

4 (2) DEVELOPMENT OF STRATEGY.—In carrying 

5 out paragraph (1), the White House interagency 

6 council shall— 

7 (A) consider the most recent environmental 

8 justice strategy of each Federal agency that 

9 participates in the White House interagency 

10 council that is developed and finalized under 

11 section 9(b); 

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

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

17 metrics to ensure accountability. 

18 (3) ANNUAL PERFORMANCE SCORECARD.—The 

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

22 justice strategy. 

23 (h) SUBMISSION OF REPORT TO PRESIDENT.— 

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

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

2 White House interagency council shall submit to the 

3 President a report that contains— 

4 (A) a description of the implementation of 

5 the interagency Federal environmental justice 

6 strategy; and 

7 (B) a copy of the finalized environmental 

8 justice strategy of each Federal agency that 

9 participates in the White House interagency 

10 council that is developed and finalized under 

11 section 9(b). 

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

13 Federal agency that participates in the White House 

14 interagency council shall make the report described 

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

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

17 each Federal agency). 

18 (i) ADMINISTRATION.— 

19 (1) OFFICE OF ADMINISTRATION.—The Office 

20 of Administration within the Executive Office of the 

21 President shall provide funding and administrative 

22 support for the White House interagency council, to 

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


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

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

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

9 council, as necessary. 

10 (j) MEETINGS AND STAFF.— 

11 (1) CHAIRPERSON.—The Chairperson of the 

12 Council on Environmental Quality shall— 

13 (A) convene regular meetings of the White 

14 House interagency council; 

15 (B) determine the agenda of the White 

16 House interagency council in accordance with 

17 this section; and 

18 (C) direct the work of the White House 

19 interagency council. 

20 (2) EXECUTIVE DIRECTOR.—The Chairperson 

21 of the Council on Environmental Quality shall des22 ignate an Executive Director of the White House 

23 interagency council, who shall coordinate the work 

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

25 interagency council. 


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

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

4 within the agency to be an Environmental Justice Officer, 

5 with the authority— 

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

7 interagency council; and 

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

9 implementation of this section within the agency as 

10 the head of the agency determines to be appropriate. 

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

13 Quality, the White House interagency council may estab14 lish 1 or more subgroups consisting exclusively of White 

15 House interagency council members or their designees 

16 under this section, as appropriate. 

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

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

20 that participates in the White House interagency council 

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

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

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

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1 cluding any individual from participating in, denying any 

2 individual the benefits of, or subjecting any individual to 

3 discrimination or disparate impact under, such program, 

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

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

6 of the individual. 

7 (b) FEDERAL AGENCY ENVIRONMENTAL JUSTICE

8 STRATEGIES.— 

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

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

11 and opportunity for public comment, each Federal 

12 agency that participates in the White House inter13 agency council shall develop and finalize an agency14 wide environmental justice strategy that— 

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

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

21 practices, and activities on— 

22 (i) communities of color; 

23 (ii) low-income communities; and 

24 (iii) Tribal and Indigenous commu25 nities; and 


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

3 (2) CONTENTS.—Each environmental justice 

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

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

8 any public participation process) of the Federal 

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

11 should be revised— 

12 (i) to ensure that all persons have the 

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

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

18 all Federal laws; 

19 (iii) to improve direct guidance and 

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

23 policy related to Federal agency action on 

24 environmental justice issues; 


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1 (iv) to improve cooperation with State 

2 governments, Tribal Governments, and 

3 local governments to address pollution and 

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

7 (v) to improve Federal research and 

8 data collection efforts related to— 

9 (I) the health and environment of 

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

12 communities; 

13 (II) climate change; and 

14 (III) the inequitable distribution 

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

17 including water, minerals, and land; 

18 and 

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

22 low-income communities, and Tribal and 

23 Indigenous communities; and 

24 (B) a timetable for the completion of— 


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

3 (ii) an assessment of the economic 

4 and social implications of each revision 

5 identified under subparagraph (A). 

6 (3) REPORTS.— 

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

8 years after the finalization of an environmental 

9 justice strategy under this subsection, and an10 nually thereafter, a Federal agency that partici11 pates in the White House interagency council 

12 shall submit to the White House interagency 

13 council a report describing the progress of the 

14 Federal agency in implementing the environ15 mental justice strategy of the Federal agency. 

16 (B) PERIODIC REPORTS.—In addition to 

17 the annual reports described in subparagraph 

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

19 House interagency council, a Federal agency 

20 shall submit to the White House interagency 

21 council a report that contains such information 

22 as the White House interagency council may re23 quire. 

24 (4) REVISION OF AGENCYWIDE ENVIRON25 MENTAL JUSTICE STRATEGY.—Not later than 5 


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

2 Federal agency that participates in the White House 

3 interagency council shall— 

4 (A) evaluate and revise the environmental 

5 justice strategy of the Federal agency; and 

6 (B) submit to the White House inter7 agency council a copy of the revised version of 

8 the environmental justice strategy of the Fed9 eral agency. 

10 (5) PETITION.— 

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

12 agency may submit to the President a petition 

13 for an exemption of any requirement described 

14 in this section with respect to any program or 

15 activity of the Federal agency if the head of the 

16 Federal agency determines that complying with 

17 such requirement would compromise the agen18 cy’s ability to carry out its core missions. 

19 (B) AVAILABILITY TO PUBLIC.—Each peti20 tion submitted by a Federal agency to the 

21 President under subparagraph (A) shall be 

22 made available to the public (including through 

23 a description of the petition on the website of 

24 the Federal agency). 


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1 (C) CONSIDERATION.—In determining 

2 whether to grant a petition for an exemption 

3 submitted by a Federal agency to the President 

4 under subparagraph (A), the President shall 

5 make a decision that reflects both the merits of 

6 the specific case and the broader national inter7 est in breaking cycles of environmental injus8 tice, and shall consider whether the granting of 

9 the petition would likely— 

10 (i) result in disproportionately adverse 

11 human health or environmental effects on 

12 communities of color, low-income commu13 nities, and Tribal and Indigenous commu14 nities; or 

15 (ii) exacerbate, or fail to ameliorate, 

16 any disproportionately adverse human 

17 health or environmental effect on any com18 munity of color, low-income community, or 

19 Tribal and Indigenous community. 

20 (D) APPEAL.— 

21 (i) IN GENERAL.—Not later than 90 

22 days after the date on which the President 

23 approves a petition under this paragraph, 

24 an individual may appeal the decision of 

25 the President to approve the petition. 


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1 (ii) WRITTEN APPEAL.— 

2 (I) IN GENERAL.—To appeal a 

3 decision of the President under clause 

4 (i), an individual shall submit a writ5 ten appeal to— 

6 (aa) the Council on Environ7 mental Quality; 

8 (bb) the Deputy Assistant to 

9 the President for Environmental 

10 Policy; or 

11 (cc) the Assistant to the 

12 President for Domestic Policy. 

13 (II) CONTENTS.—A written ap14 peal shall contain a description of 

15 each reason why the exemption that is 

16 the subject of the petition is unneces17 sary. 

18 (iii) REQUIREMENT OF PRESIDENT.— 

19 Not later than 90 days after the date on 

20 which an agency or officer described in 

21 clause (ii)(I) receives a written appeal sub22 mitted by an individual under that clause, 

23 the President shall provide to the indi24 vidual a written notification describing the 


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1 decision of the President with respect to 

2 the appeal. 

3 (c) HUMAN HEALTH AND ENVIRONMENTAL RE4 SEARCH, DATA COLLECTION, AND ANALYSIS.— 

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

6 maximum extent practicable and permitted by appli7 cable law, shall— 

8 (A) in conducting environmental, public ac9 cess, or human health research, include diverse 

10 segments of the population in epidemiological 

11 and clinical studies, including segments at high 

12 risk from environmental hazards, such as com13 munities of color, low-income communities, and 

14 Tribal and Indigenous communities; 

15 (B) in conducting environmental or human 

16 health analyses, identify multiple and cumu17 lative exposures, including potentially exacer18 bated risks due to current and future climate 

19 impacts; and 

20 (C) actively encourage and solicit commu21 nity-based science, and provide to communities 

22 of color, low-income communities, and Tribal 

23 and Indigenous communities the opportunity to 

24 comment on and participate in the development 


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1 and design of research strategies carried out 

2 pursuant to this Act. 

3 (2) DISPROPORTIONATE IMPACT.—To the max4 imum extent practicable and permitted by applicable 

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

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

7 Federal agency shall— 

8 (A) collect, maintain, and analyze informa9 tion assessing and comparing environmental 

10 and human health risks borne by populations 

11 identified by race, national origin, income, or 

12 other readily available and appropriate informa13 tion; and 

14 (B) use that information to determine 

15 whether the programs, policies, and activities of 

16 the Federal agency have disproportionally ad17 verse human health or environmental effects on 

18 communities of color, low-income communities, 

19 and Tribal and Indigenous communities. 

20 (3) INFORMATION RELATING TO NON-FEDERAL

21 FACILITIES.—In connection with the implementation 

22 of Federal agency environmental justice strategies 

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

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1 mation relating to the race, national origin, and in2 come level, and other readily accessible and appro3 priate information, for communities of color, low-in4 come communities, and Tribal and Indigenous com5 munities in proximity to any facility or site expected 

6 to have a substantial environmental, human health, 

7 or economic effect on the surrounding populations, if 

8 the facility or site becomes the subject of a substan9 tial Federal environmental administrative or judicial 

10 action. 

11 (4) IMPACT FROM FEDERAL FACILITIES.—Each 

12 Federal agency, to the maximum extent practicable 

13 and permitted by applicable law, shall collect, main14 tain, and analyze information relating to the race, 

15 national origin, and income level, and other readily 

16 accessible and appropriate information, for commu17 nities of color, low-income communities, and Tribal 

18 and Indigenous communities in proximity to any fa19 cility of the Federal agency that is— 

20 (A) subject to the reporting requirements 

21 under the Emergency Planning and Community 

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

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

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1 ity populations and low-income populations); 

2 and 

3 (B) expected to have a substantial environ4 mental, human health, or economic effect on 

5 surrounding populations. 

6 (d) CONSUMPTION OF FISH AND WILDLIFE.— 

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

8 develop, publish (unless prohibited by law), and re9 vise, as practicable and appropriate, guidance on ac10 tions of the Federal agency that will impact fish and 

11 wildlife consumed by populations that principally 

12 rely on fish or wildlife for subsistence. 

13 (2) REQUIREMENT.—The guidance described in 

14 paragraph (1) shall— 

15 (A) reflect the latest scientific information 

16 available concerning methods for evaluating the 

17 human health risks associated with the con18 sumption of pollutant-bearing fish or wildlife; 

19 and 

20 (B) publish the risks of such consumption 

21 patterns. 

22 (e) MAPPING AND SCREENING TOOL.—The Adminis23 trator shall make available to the public an environmental 

24 justice mapping and screening tool (such as EJScreen or 


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

3 (1) Nationally consistent data. 

4 (2) Environmental data. 

5 (3) Demographic data, including data relating 

6 to race, ethnicity, and income. 

7 (4) Capacity to produce maps and reports by 

8 geographical area. 

9 (5) Data on national parks and other federally 

10 protected natural, historic, and cultural sites. 

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

12 Any person may commence a civil action— 

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

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

16 (2) otherwise to ensure compliance with this 

17 section (including regulations promulgated pursuant 

18 to this section). 

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

20 section, each Federal agency, to the maximum extent 

21 practicable and permitted by applicable law, shall share 

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

25 local, and Tribal governments. 


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1 (h) CODIFICATION OF GUIDANCE.— 

2 (1) COUNCIL ON ENVIRONMENTAL QUALITY.— 

3 Sections II and III of the guidance issued by the 

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

7 1997, are enacted into law. 

8 (2) ENVIRONMENTAL PROTECTION AGENCY.— 

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

11 and Coordination with Indian Tribes: Guidance for 

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

14 SEC. 10. OMBUDS. 

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

18 (b) REPORTING.—The Environmental Justice 

19 Ombuds shall— 

20 (1) report directly to the Administrator; and 

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

22 Environmental Justice of the Environmental Protec23 tion Agency. 

24 (c) FUNCTIONS.—The Environmental Justice 

25 Ombuds shall— 


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1 (1) in coordination with the Inspector General 

2 of the Environmental Protection Agency, establish 

3 an independent, neutral, accessible, confidential, and 

4 standardized process— 

5 (A) to receive, review, and process com6 plaints and allegations with respect to environ7 mental justice programs and activities of the 

8 Environmental Protection Agency; and 

9 (B) to assist individuals in resolving com10 plaints and allegations described in subpara11 graph (A); 

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

13 make recommendations to the Administrator to ad14 dress recurring and chronic complaints regarding 

15 specific environmental justice programs and activi16 ties of the Environmental Protection Agency identi17 fied by the Ombuds pursuant to paragraph (1); 

18 (3) review the Environmental Protection Agen19 cy’s compliance with policies and standards of the 

20 Environmental Protection Agency with respect to its 

21 environmental justice programs and activities; and 

22 (4) produce an annual report that details the 

23 findings of the regional staff, feedback received from 

24 environmental justice communities, and rec25 ommendations to increase cooperation between the 


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1 Environmental Protection Agency and environmental 

2 justice communities. 

3 (d) AVAILABILITY OF REPORT.—The Administrator 

4 shall make each report produced pursuant to subsection 

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

6 the report on the website of the Environmental Protection 

7 Agency). 

8 (e) REGIONAL STAFF.— 

9 (1) AUTHORITY OF ENVIRONMENTAL JUSTICE

10 OMBUDS.—The Administrator shall allow the Envi11 ronmental Justice Ombuds to hire such staff as the 

12 Environmental Justice Ombuds determines to be 

13 necessary to carry out at each regional office of the 

14 Environmental Protection Agency the functions of 

15 the Environmental Justice Ombuds described in sub16 section (c). 

17 (2) PURPOSES.—Staff hired pursuant to para18 graph (1) shall— 

19 (A) foster cooperation between the Envi20 ronmental Protection Agency and environ21 mental justice communities; 

22 (B) consult with environmental justice 

23 communities on the development of policies and 

24 programs of the Environmental Protection 

25 Agency; 


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1 (C) receive feedback from environmental 

2 justice communities on the performance of the 

3 Environmental Protection Agency; and 

4 (D) compile and submit to the Environ5 mental Justice Ombuds such information as 

6 may be necessary for the Ombuds to produce 

7 the annual report described in subsection (c). 

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

9 hired by the Environmental Justice Ombuds under 

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

11 of the Environmental Protection Agency. 

12 SEC. 11. ACCESS TO PARKS, OUTDOOR SPACES, AND PUB13 LIC RECREATION OPPORTUNITIES. 

14 (a) DEFINITIONS.—In this section: 

15 (1) ELIGIBLE ENTITY.— 

16 (A) IN GENERAL.—The term ‘‘eligible enti17 ty’’ means— 

18 (i) a State; 

19 (ii) a political subdivision of a State, 

20 including— 

21 (I) a city; and 

22 (II) a county; 

23 (iii) a special purpose district, includ24 ing park districts; and 

25 (iv) an Indian Tribe. 


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1 (B) POLITICAL SUBDIVISIONS AND INDIAN

2 TRIBES.—A political subdivision of a State or 

3 an Indian Tribe shall be considered an eligible 

4 entity only if the political subdivision or Indian 

5 Tribe represents or otherwise serves a quali6 fying urban area. 

7 (2) OUTDOOR RECREATION LEGACY PARTNER8 SHIP GRANT PROGRAM.—The term ‘‘Outdoor Recre9 ation Legacy Partnership Grant Program’’ means 

10 the program established under subsection (b). 

11 (3) QUALIFYING URBAN AREA.—The term 

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

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

14 recent census. 

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

16 the Secretary of the Interior. 

17 (b) ESTABLISHMENT.—The Secretary shall establish 

18 an outdoor recreation legacy partnership grant program 

19 under which the Secretary may award grants to eligible 

20 entities for projects— 

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

22 other outdoor recreation purposes; 

23 (2) to develop new or renovate existing outdoor 

24 recreation facilities; and 


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1 (3) to develop projects that provide opportuni2 ties for outdoor education and public land vol3 unteerism. 

4 (c) MATCHING REQUIREMENT.— 

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

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

7 provide matching funds in the form of cash or an in8 kind contribution in an amount equal to not less 

9 than 100 percent of the amounts made available 

10 under the grant. 

11 (2) SOURCES.—The matching amounts referred 

12 to in paragraph (1) may include amounts made 

13 available from State, local, nongovernmental, or pri14 vate sources. 

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

16 part of the matching requirement under paragraph 

17 (1) if the Secretary determines that— 

18 (A) no reasonable means are available 

19 through which an applicant can meet the 

20 matching requirement; and 

21 (B) the probable benefit of the project out22 weighs the public interest in the matching re23 quirement. 

24 (d) ELIGIBLE USES.— 


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

2 grant awarded under this section— 

3 (A) to acquire land or water that provides 

4 outdoor recreation opportunities to the public; 

5 and 

6 (B) to develop or renovate outdoor rec7 reational facilities that provide outdoor recre8 ation opportunities to the public, with priority 

9 given to projects that— 

10 (i) create or significantly enhance ac11 cess to park and recreational opportunities 

12 in an urban or suburban area that lacks 

13 access to such activities; 

14 (ii) engage and empower underserved 

15 communities and youth; 

16 (iii) provide opportunities for youth 

17 employment or job training; 

18 (iv) establish or expand public-private 

19 partnerships, with a focus on leveraging re20 sources; and 

21 (v) take advantage of coordination 

22 among various levels of government. 

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

24 may not use grant funds for— 

25 (A) grant administration costs; 


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1 (B) incidental costs related to land acquisi2 tion, including appraisal and titling; 

3 (C) operation and maintenance activities; 

4 (D) facilities that support semiprofessional 

5 or professional athletics; 

6 (E) indoor facilities, such as recreation 

7 centers or facilities that support primarily non8 outdoor purposes; or 

9 (F) acquisition of land or interests in land 

10 that restrict access to specific persons. 

11 (e) NATIONAL PARK SERVICE REQUIREMENTS.—In 

12 carrying out the Outdoor Recreation Legacy Partnership 

13 Grant Program, the Secretary shall— 

14 (1) conduct an initial screening and technical 

15 review of applications received; and 

16 (2) evaluate and score all qualifying applica17 tions. 

18 (f) REPORTING.— 

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

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

21 lead agency that receives a grant under this section 

22 shall annually submit to the Secretary performance 

23 and financial reports that— 

24 (A) summarize project activities conducted 

25 during the report period; and 


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1 (B) provide the status of the project, in2 cluding a description of how the project has im3 proved access to parkland, open space, or rec4 reational facilities from the community perspec5 tive. 

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

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

8 period or the completion of a project, each State 

9 lead agency that receives a grant under this section 

10 shall submit to the Secretary a final report con11 taining such information as the Secretary may re12 quire. 

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

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

15 1331 note) is amended— 

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

17 (2) in subparagraph (B)— 

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

19 ‘‘20 percent’’; and 

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

21 inserting ‘‘; and’’; and 

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

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

24 Outdoor Recreation Legacy Partnership Grant 


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1 Program established under section 11(b) of the 

2 Environmental Justice For All Act.’’. 

3 SEC. 12. TRANSIT TO TRAILS GRANT PROGRAM. 

4 (a) DEFINITIONS.—In this section: 

5 (1) CRITICALLY UNDERSERVED COMMUNITY.— 

6 The term ‘‘critically underserved community’’ 

7 means— 

8 (A) a community that can demonstrate to 

9 the Secretary that the community has inad10 equate, insufficient, or no park space or recre11 ation facilities, including by demonstrating— 

12 (i) quality concerns relating to the 

13 available park space or recreation facilities; 

14 (ii) the presence of recreational facili15 ties that do not serve the needs of the com16 munity; or 

17 (iii) the inequitable distribution of 

18 park space for high-need populations, 

19 based on income, age, or other measures of 

20 vulnerability and need; 

21 (B) a community in which at least 50 percent of the population is not located within 1 22 ⁄2

23 mile of park space; 

24 (C) a community that is designated as a 

25 qualified opportunity zone under section 


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

2 or 

3 (D) any other community that the Sec4 retary determines to be appropriate. 

5 (2) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ means— 

7 (A) a State; 

8 (B) a political subdivision of a State (in9 cluding a city or a county) that represents or 

10 otherwise serves an urban area or a rural area; 

11 (C) a special purpose district (including a 

12 park district); 

13 (D) an Indian Tribe that represents or 

14 otherwise serves an urban area or a rural area; 

15 or 

16 (E) a metropolitan planning organization 

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

18 States Code). 

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

20 the Transit to Trails Grant Program established 

21 under subsection (b)(1). 

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

23 means a community that is not an urban area. 

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

25 the Secretary of Transportation. 


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1 (6) TRANSPORTATION CONNECTOR.— 

2 (A) IN GENERAL.—The term ‘‘transpor3 tation connector’’ means a system that— 

4 (i) connects 2 ZIP Codes or commu5 nities within a 175-mile radius of a des6 ignated service area; and 

7 (ii) offers rides available to the public. 

8 (B) INCLUSIONS.—The term ‘‘transpor9 tation connector’’ includes microtransits, bus 

10 lines, bus rails, light rail, rapid transits, or per11 sonal rapid transits. 

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

13 means a community that— 

14 (A) is densely developed; 

15 (B) has residential, commercial, and other 

16 nonresidential areas; and 

17 (C)(i) is an urbanized area with a popu18 lation of 50,000 or more; or 

19 (ii) is an urban cluster with a population 

20 of— 

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

22 (II) not more than 50,000. 

23 (b) GRANT PROGRAM.— 

24 (1) ESTABLISHMENT.—The Secretary shall es25 tablish a grant program, to be known as the ‘‘TranVerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872

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

3 (A) projects that develop transportation 

4 connectors or routes in or serving, and related 

5 education materials for, critically underserved 

6 communities to increase access and mobility to 

7 Federal or non-Federal public land, waters, 

8 parkland, or monuments; or 

9 (B) projects that facilitate transportation 

10 improvements to enhance access to Federal or 

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

13 (2) ADMINISTRATION.— 

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

16 in the development of transportation connectors 

17 or routes in or serving, and related education 

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

20 waters, parkland, and monuments. 

21 (B) JOINT PARTNERSHIPS.—The Secretary 

22 shall encourage joint partnership projects under 

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


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1 regional transportation authorities, transit 

2 agencies, and State and local governmental 

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

5 public sources. 

6 (C) ANNUAL GRANT PROJECT PROPOSAL

7 SOLICITATION, REVIEW, AND APPROVAL.— 

8 (i) IN GENERAL.—The Secretary 

9 shall— 

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

12 from eligible entities under the pro13 gram; and 

14 (II) review each project proposal 

15 submitted under subclause (I) on a 

16 timeline established by the Secretary. 

17 (ii) REQUIRED ELEMENTS FOR

18 PROJECT PROPOSAL.—A project proposal 

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

21 (I) a statement of the purposes 

22 of the project; 

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

25 the project; 


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

3 identified under subclause (II); 

4 (IV) a description of— 

5 (aa) staffing and stake6 holder engagement for the 

7 project; 

8 (bb) the logistics of the 

9 project; and 

10 (cc) anticipated outcomes of 

11 the project; 

12 (V) a proposed budget for the 

13 funds and time required to complete 

14 the project; 

15 (VI) information regarding the 

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

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

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

23 (VIII) any other information that 

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


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1 the project for funding under the pro2 gram. 

3 (iii) CONSULTATION; APPROVAL OR

4 DISAPPROVAL.—The Secretary shall, with 

5 respect to each project proposal submitted 

6 under this subparagraph, as appropriate— 

7 (I) consult with the government 

8 of each State in which the proposed 

9 project is to be conducted; 

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

12 the consultation under subclause (I), 

13 approve or disapprove the proposal; 

14 and 

15 (III) provide written notification 

16 of the approval or disapproval to— 

17 (aa) the individual or entity 

18 that submitted the proposal; and 

19 (bb) each State consulted 

20 under subclause (I). 

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

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

24 prioritize projects that are designed to increase 

25 access and mobility to local or neighborhood 


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1 Federal or non-Federal public land, waters, 

2 parkland, monuments, or recreational opportu3 nities. 

4 (3) TRANSPORTATION PLANNING PROCE5 DURES.— 

6 (A) PROCEDURES.—In consultation with 

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

9 rule, transportation planning procedures for 

10 projects conducted under the program that are 

11 consistent with metropolitan and statewide 

12 planning processes. 

13 (B) REQUIREMENTS.—All projects carried 

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

17 (4) NON-FEDERAL CONTRIBUTIONS.— 

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

20 entity shall provide funds in the form of cash 

21 or an in-kind contribution in an amount equal 

22 to not less than 100 percent of the amount of 

23 the grant. 

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1 clude amounts made available from State, local, 

2 nongovernmental, or private sources. 

3 (5) ELIGIBLE USES.—Grant funds provided 

4 under the program may be used— 

5 (A) to develop transportation connectors or 

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

8 to increase access and mobility to Federal and 

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

10 monuments; and 

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

13 recreational opportunities in an urban area or 

14 a rural area. 

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

16 the program shall be— 

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

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

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

20 of Congress that grants provided under the program 

21 deliver project funds to areas of greatest need while 

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

24 full participation in the program. 


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1 (8) PUBLIC INFORMATION.—The Secretary 

2 shall ensure that current schedules and routes for 

3 transportation systems developed after the receipt of 

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

7 (c) REPORTING REQUIREMENT.— 

8 (1) REPORTS BY GRANT RECIPIENTS.—The 

9 Secretary shall require a recipient of a grant under 

10 the program to submit to the Secretary at least 1 

11 performance and financial report that— 

12 (A) includes— 

13 (i) demographic data on communities 

14 served by the project; and 

15 (ii) a summary of project activities 

16 conducted after receiving the grant; and 

17 (B) describes the status of each project 

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

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

21 report required under paragraph (1), the Secretary 

22 may require additional reports from a recipient, as 

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


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1 (3) DEADLINES.—The Secretary shall establish 

2 deadlines for the submission of each report required 

3 under paragraph (1) or (2). 

4 (d) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to carry out this section 

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

7 SEC. 13. REPEAL OF SUNSET FOR THE EVERY KID OUT8 DOORS PROGRAM. 

9 Section 9001(b) of the John D. Dingell, Jr. Con10 servation, Management, and Recreation Act (16 U.S.C. 

11 6804 note; Public Law 116–9) is amended by striking 

12 paragraph (5). 

13 SEC. 14. PROTECTIONS FOR ENVIRONMENTAL JUSTICE 

14 COMMUNITIES AGAINST HARMFUL FEDERAL 

15 ACTIONS. 

16 (a) PURPOSE.—The purpose of this section is to es17 tablish additional protections relating to Federal actions 

18 affecting environmental justice communities in recognition 

19 of the disproportionate burden of adverse human health 

20 or environmental effects faced by such communities. 

21 (b) DEFINITIONS.—In this section: 

22 (1) ENVIRONMENTAL IMPACT STATEMENT.— 

23 The term ‘‘environmental impact statement’’ means 

24 the detailed statement of environmental impacts of 

25 a proposed action required to be prepared pursuant 


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1 to the National Environmental Policy Act of 1969 

2 (42 U.S.C. 4321 et seq.). 

3 (2) FEDERAL ACTION.—The term ‘‘Federal ac4 tion’’ means a proposed action that requires the 

5 preparation of an environmental impact statement, 

6 environmental assessment, categorical exclusion, or 

7 other document under the National Environmental 

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

9 (c) PREPARATION OF A COMMUNITY IMPACT RE10 PORT.—A Federal agency proposing to take a Federal ac11 tion that has the potential to cause negative environmental 

12 or public health impacts on an environmental justice com13 munity shall prepare a community impact report assessing 

14 the potential impacts of the proposed action. 

15 (d) CONTENTS.—A community impact report de16 scribed in subsection (c) shall— 

17 (1) assess the degree to which a proposed Fed18 eral action affecting an environmental justice com19 munity will cause multiple or cumulative exposure to 

20 human health and environmental hazards that influ21 ence, exacerbate, or contribute to adverse health out22 comes; 

23 (2) assess relevant public health data and in24 dustry data concerning the potential for multiple or 

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1 mental hazards in the area of the environmental jus2 tice community and historical patterns of exposure 

3 to environmental hazards and Federal agencies shall 

4 assess these multiple, or cumulative effects, even if 

5 certain effects are not within the control or subject 

6 to the discretion of the Federal agency proposing the 

7 Federal action; 

8 (3) assess the impact of such proposed Federal 

9 action on such environmental justice community’s 

10 ability to access public parks, outdoor spaces, and 

11 public recreation opportunities; 

12 (4) evaluate alternatives to or mitigation meas13 ures for the proposed Federal action that will— 

14 (A) eliminate or reduce any identified ex15 posure to human health and environmental haz16 ards described in paragraph (1) to a level that 

17 is reasonably expected to avoid human health 

18 impacts in environmental justice communities; 

19 and 

20 (B) not negatively impact an environ21 mental justice community’s ability to access 

22 public parks, outdoor spaces, and public recre23 ation opportunities; and 

24 (5) analyze any alternative developed by mem25 bers of an affected environmental justice community 


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1 that meets the purpose and need of the proposed ac2 tion. 

3 (e) DELEGATION.—Federal agencies shall not dele4 gate responsibility for the preparation of a community im5 pact report described in subsection (c) to any other entity. 

6 (f) NATIONAL ENVIRONMENTAL POLICY ACT RE7 QUIREMENTS FOR ENVIRONMENTAL JUSTICE COMMU8 NITIES.—When carrying out the requirements of the Na9 tional Environmental Policy Act of 1969 (42 U.S.C. 4321 

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

11 environmental justice community, a Federal agency 

12 shall— 

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

14 cumulative impacts caused by the action, alter15 natives to such action, and mitigation measures on 

16 the environmental justice community required by 

17 that Act; 

18 (2) require any public comment period carried 

19 out during the scoping phase of the environmental 

20 review process to be not less than 90 days; 

21 (3) provide early and meaningful community in22 volvement opportunities by— 

23 (A) holding multiple hearings in such com24 munity regarding the proposed Federal action 


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1 in each prominent language within the environ2 mental justice community; and 

3 (B) providing notice of any step or action 

4 in the process under that Act that involves pub5 lic participation to any representative entities or 

6 organizations present in the environmental jus7 tice community, including— 

8 (i) local religious organizations; 

9 (ii) civic associations and organiza10 tions; 

11 (iii) business associations of people of 

12 color; 

13 (iv) environmental and environmental 

14 justice organizations, including community15 based grassroots organizations led by peo16 ple of color; 

17 (v) homeowners’, tenants’, and neigh18 borhood watch groups; 

19 (vi) local governments and Tribal 

20 Governments; 

21 (vii) rural cooperatives; 

22 (viii) business and trade organiza23 tions; 

24 (ix) community and social service or25 ganizations; 


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1 (x) universities, colleges, and voca2 tional schools; 

3 (xi) labor and other worker organiza4 tions; 

5 (xii) civil rights organizations; 

6 (xiii) senior citizens’ groups; and 

7 (xiv) public health agencies and clin8 ics; and 

9 (4) provide translations of publicly available 

10 documents made available pursuant to that Act in 

11 any language spoken by more than 5 percent of the 

12 population residing within the environmental justice 

13 community. 

14 (g) COMMUNICATION METHODS AND REQUIRE15 MENTS.—Any notice provided under subsection (f)(3)(B) 

16 shall be provided— 

17 (1) through communication methods that are 

18 accessible in the environmental justice community, 

19 which may include electronic media, newspapers, 

20 radio, direct mailings, canvassing, and other out21 reach methods particularly targeted at communities 

22 of color, low-income communities, and Tribal and In23 digenous communities; and 


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

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

4 (h) REQUIREMENTS FOR ACTIONS REQUIRING AN

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

7 community requiring the preparation of an environmental 

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

11 (1) A description of the proposed action. 

12 (2) An outline of the anticipated schedule for 

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

15 with a description of key milestones. 

16 (3) An initial list of alternatives and potential 

17 impacts. 

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

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

21 serious illnesses within the environmental justice 

22 community. 

23 (5) An agency point of contact. 

24 (6) Timely notice of locations where comments 

25 will be received or public meetings held. 


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1 (7) Any telephone number or locations where 

2 further information can be obtained. 

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

5 the requirements of the National Environmental Policy 

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

8 agency shall— 

9 (1) seek Tribal representation in the process in 

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

12 and Tribal Governments, the Federal Government’s 

13 trust responsibility to federally recognized Indian 

14 Tribes, and any treaty rights; 

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

16 hold the status of a cooperating agency throughout 

17 the process under that Act for any proposed action 

18 that could impact an Indian Tribe, including actions 

19 that could impact off reservation lands and sacred 

20 sites; and 

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

22 a cooperating agency in accordance with paragraph 

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

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1 tion of an environmental impact statement com2 mences. 

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

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

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

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

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

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

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

15 seq.) to the public; or 

16 (2) the requirements under that Act to consider 

17 direct, indirect, and cumulative impacts. 

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

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

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

21 Department of Energy, the Environmental Protection 

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

23 Oceanic and Atmospheric Administration shall complete 

24 an environmental justice training program to ensure that 

25 each such employee— 


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1 (1) has received training in environmental jus2 tice; and 

3 (2) is capable of— 

4 (A) appropriately incorporating environ5 mental justice concepts into the daily activities 

6 of the employee; and 

7 (B) increasing the meaningful participation 

8 of individuals from environmental justice com9 munities in the activities of the applicable agen10 cy. 

11 (b) MANDATORY PARTICIPATION.—Effective on the 

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

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

14 the Environmental Protection Agency, the Department of 

15 the Interior, and the National Oceanic and Atmospheric 

16 Administration after that date shall be required to partici17 pate in environmental justice training. 

18 (c) REQUIREMENT RELATING TO CERTAIN EMPLOY19 EES.— 

20 (1) IN GENERAL.—With respect to each Fed21 eral agency that participates in the Working Group, 

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

23 individual is appointed to the position of environ24 mental justice coordinator, Environmental Justice 

25 Ombuds, or any other position the responsibility of 


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1 which involves the conducting of environmental jus2 tice activities, the individual shall be required to pos3 sess documentation of the completion by the indi4 vidual of environmental justice training. 

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

6 paragraph (1) fails to meet the requirement de7 scribed in that paragraph, the Federal agency at 

8 which the individual is employed shall transfer the 

9 individual to a different position until the date on 

10 which the individual completes environmental justice 

11 training. 

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

13 the date of enactment of this Act, the Inspector 

14 General of each Federal agency that participates in 

15 the Working Group shall evaluate the training pro16 grams of such Federal agency to determine if such 

17 Federal agency has improved the rate of training of 

18 the employees of such Federal agency to ensure that 

19 each employee has received environmental justice 

20 training. 

21 SEC. 16. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 

22 (a) ENVIRONMENTAL JUSTICE COMMUNITY GRANT

23 PROGRAM.— 

24 (1) ESTABLISHMENT.—The Administrator shall 

25 establish a program under which the Administrator 


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1 shall provide grants to eligible entities to assist the 

2 eligible entities in— 

3 (A) building capacity to address issues re4 lating to environmental justice; and 

5 (B) carrying out any activity described in 

6 paragraph (4). 

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

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

9 a nonprofit, community-based organization that con10 ducts activities, including providing medical and pre11 ventive health services, to reduce the dispropor12 tionate health impacts of environmental pollution in 

13 the environmental justice community at which the 

14 eligible entity proposes to conduct an activity that is 

15 the subject of the application described in paragraph 

16 (3). 

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

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

19 submit to the Administrator an application at such 

20 time, in such manner, and containing such informa21 tion as the Administrator may require, including— 

22 (A) an outline describing the means by 

23 which the project proposed by the eligible entity 

24 will— 


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1 (i) with respect to environmental and 

2 public health issues at the local level, in3 crease the understanding of the environ4 mental justice community at which the eli5 gible entity will conduct the project; 

6 (ii) improve the ability of the environ7 mental justice community to address each 

8 issue described in clause (i); 

9 (iii) facilitate collaboration and co10 operation among various stakeholders (in11 cluding members of the environmental jus12 tice community); and 

13 (iv) support the ability of the environ14 mental justice community to proactively 

15 plan and implement just sustainable com16 munity development and revitalization ini17 tiatives, including countering displacement 

18 and gentrification; 

19 (B) a proposed budget for each activity of 

20 the project that is the subject of the applica21 tion; 

22 (C) a list of proposed outcomes with re23 spect to the proposed project; 

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

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1 gible entity, or the funds made available 

2 through a grant under this subsection, to de3 velop a project that is capable of being sus4 tained beyond the period of the grant; and 

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

6 eligible entity is linked to, and representative 

7 of, the environmental justice community at 

8 which the eligible entity will conduct the 

9 project. 

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

11 only use a grant under this subsection to carry out 

12 culturally and linguistically appropriate projects and 

13 activities that are driven by the needs, opportunities, 

14 and priorities of the environmental justice commu15 nity at which the eligible entity proposes to conduct 

16 the project or activity to address environmental jus17 tice concerns and improve the health or environment 

18 of the environmental justice community, including 

19 activities— 

20 (A) to create or develop collaborative part21 nerships; 

22 (B) to educate and provide outreach serv23 ices to the environmental justice community; 


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1 (C) to identify and implement projects to 

2 address environmental or public health con3 cerns; or 

4 (D) to develop a comprehensive under5 standing of environmental or public health 

6 issues. 

7 (5) REPORT.— 

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

9 after the date of enactment of this Act, and an10 nually thereafter, the Administrator shall sub11 mit to the Committees on Energy and Com12 merce and Natural Resources of the House of 

13 Representatives and the Committees on Envi14 ronment and Public Works and Energy and 

15 Natural Resources of the Senate a report de16 scribing the ways by which the grant program 

17 under this subsection has helped community18 based nonprofit organizations address issues re19 lating to environmental justice. 

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

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

24 website of the Environmental Protection Agen25 cy). 


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1 (6) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

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

4 2022 through 2026. 

5 (b) STATE GRANT PROGRAM.— 

6 (1) ESTABLISHMENT.—The Administrator shall 

7 establish a program under which the Administrator 

8 shall provide grants to States to enable the States— 

9 (A) to establish culturally and linguistically 

10 appropriate protocols, activities, and mecha11 nisms for addressing issues relating to environ12 mental justice; and 

13 (B) to carry out culturally and linguis14 tically appropriate activities to reduce or elimi15 nate disproportionately adverse human health 

16 or environmental effects on environmental jus17 tice communities in the State, including reduc18 ing economic vulnerabilities that result in the 

19 environmental justice communities being dis20 proportionately affected. 

21 (2) ELIGIBILITY.— 

22 (A) APPLICATION.—To be eligible to re23 ceive a grant under paragraph (1), a State shall 

24 submit to the Administrator an application at 

25 such time, in such manner, and containing such 


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1 information as the Administrator may require, 

2 including— 

3 (i) a plan that contains a description 

4 of the means by which the funds provided 

5 through a grant under paragraph (1) will 

6 be used to address issues relating to envi7 ronmental justice at the State level; and 

8 (ii) assurances that the funds pro9 vided through a grant under paragraph (1) 

10 will be used only to supplement the 

11 amount of funds that the State allocates 

12 for initiatives relating to environmental 

13 justice. 

14 (B) ABILITY TO CONTINUE PROGRAM.—To 

15 be eligible to receive a grant under paragraph 

16 (1), a State shall demonstrate to the Adminis17 trator that the State has the ability to continue 

18 each program that is the subject of funds pro19 vided through a grant under paragraph (1) 

20 after receipt of the funds. 

21 (3) REPORT.— 

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

23 after the date of enactment of this Act, and an24 nually thereafter, the Administrator shall sub25 mit to the Committees on Energy and ComVerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872

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1 merce and Natural Resources of the House of 

2 Representatives and the Committees on Envi3 ronment and Public Works and Energy and 

4 Natural Resources of the Senate a report de5 scribing— 

6 (i) the implementation of the grant 

7 program established under paragraph (1); 

8 (ii) the impact of the grant program 

9 on improving the ability of each partici10 pating State to address environmental jus11 tice issues; and 

12 (iii) the activities carried out by each 

13 State to reduce or eliminate disproportion14 ately adverse human health or environ15 mental effects on environmental justice 

16 communities in the State. 

17 (B) PUBLIC AVAILABILITY.—The Adminis18 trator shall make each report required under 

19 subparagraph (A) available to the public (in20 cluding by posting a copy of the report on the 

21 website of the Environmental Protection Agen22 cy). 

23 (4) AUTHORIZATION OF APPROPRIATIONS.— 

24 There is authorized to be appropriated to carry out 


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

2 2022 through 2026. 

3 (c) TRIBAL GRANT PROGRAM.— 

4 (1) ESTABLISHMENT.—The Administrator shall 

5 establish a program under which the Administrator 

6 shall provide grants to Tribal Governments to enable 

7 the Indian Tribes— 

8 (A) to establish culturally and linguistically 

9 appropriate protocols, activities, and mecha10 nisms for addressing issues relating to environ11 mental justice; and 

12 (B) to carry out culturally and linguis13 tically appropriate activities to reduce or elimi14 nate disproportionately adverse human health 

15 or environmental effects on environmental jus16 tice communities in Tribal and Indigenous com17 munities, including reducing economic vulnera18 bilities that result in the Tribal and Indigenous 

19 communities being disproportionately affected. 

20 (2) ELIGIBILITY.— 

21 (A) APPLICATION.—To be eligible to re22 ceive a grant under paragraph (1), a Tribal 

23 Government shall submit to the Administrator 

24 an application at such time, in such manner, 


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1 and containing such information as the Admin2 istrator may require, including— 

3 (i) a plan that contains a description 

4 of the means by which the funds provided 

5 through a grant under paragraph (1) will 

6 be used to address issues relating to envi7 ronmental justice in Tribal and Indigenous 

8 communities; and 

9 (ii) assurances that the funds pro10 vided through a grant under paragraph (1) 

11 will be used only to supplement the 

12 amount of funds that the Tribal Govern13 ment allocates for initiatives relating to en14 vironmental justice. 

15 (B) ABILITY TO CONTINUE PROGRAM.—To 

16 be eligible to receive a grant under paragraph 

17 (1), a Tribal Government shall demonstrate to 

18 the Administrator that the Tribal Government 

19 has the ability to continue each program that is 

20 the subject of funds provided through a grant 

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

22 (3) REPORT.— 

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

24 after the date of enactment of this Act, and an25 nually thereafter, the Administrator shall subVerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872

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1 mit to the Committees on Energy and Com2 merce and Natural Resources of the House of 

3 Representatives and the Committees on Envi4 ronment and Public Works and Energy and 

5 Natural Resources of the Senate a report de6 scribing— 

7 (i) the implementation of the grant 

8 program established under paragraph (1); 

9 (ii) the impact of the grant program 

10 on improving the ability of each partici11 pating Indian Tribe to address environ12 mental justice issues; and 

13 (iii) the activities carried out by each 

14 Tribal Government to reduce or eliminate 

15 disproportionately adverse human health or 

16 environmental effects on applicable envi17 ronmental justice communities in Tribal 

18 and Indigenous communities. 

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

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

23 website of the Environmental Protection Agen24 cy). 


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1 (4) AUTHORIZATION OF APPROPRIATIONS.— 

2 There is authorized to be appropriated to carry out 

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

4 2022 through 2026. 

5 (d) COMMUNITY-BASED PARTICIPATORY RESEARCH

6 GRANT PROGRAM.— 

7 (1) ESTABLISHMENT.—The Administrator, in 

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

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

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

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

17 communities; and 

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

20 communities. 

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

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

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


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1 (B) a community-based organization. 

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

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

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

6 information as the Administrator may require, in7 cluding— 

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

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

12 eligible entity proposes to conduct the research; 

13 and 

14 (B) a description of— 

15 (i) the project proposed by the eligible 

16 entity; and 

17 (ii) the ways by which the project 

18 will— 

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

21 (II) assist in the improvement of 

22 health outcomes of residents and 

23 workers in environmental justice com24 munities; and 


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1 (III) assist in the improvement of 

2 the environment of residents and 

3 workers in environmental justice com4 munities. 

5 (4) PUBLIC AVAILABILITY.—The Administrator 

6 shall make the results of the grants provided under 

7 this subsection available to the public, including by 

8 posting on the website of the Environmental Protec9 tion Agency a copy of the grant awards and an an10 nual report at the beginning of each fiscal year de11 scribing the research findings associated with each 

12 grant provided under this subsection. 

13 (5) AUTHORIZATION OF APPROPRIATIONS.— 

14 There is authorized to be appropriated to carry out 

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

16 2022 through 2026. 

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

19 (a) ESTABLISHMENT.—The Administrator shall es20 tablish a basic training program, in coordination and con21 sultation with nongovernmental environmental justice or22 ganizations, to increase the capacity of residents of envi23 ronmental justice communities to identify and address dis24 proportionately adverse human health or environmental efVerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872

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1 fects by providing culturally and linguistically appro2 priate— 

3 (1) training and education relating to— 

4 (A) basic and advanced techniques for the 

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

7 (B) methods to assess the risks to human 

8 health presented by hazardous substances; 

9 (C) methods and technologies to detect 

10 hazardous substances in the environment; 

11 (D) basic biological, chemical, and physical 

12 methods to reduce the quantity and toxicity of 

13 hazardous substances; 

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

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

19 (i) environmental laws; and 

20 (ii) section 602 of the Civil Rights Act 

21 of 1964 (42 U.S.C. 2000d–1); 

22 (F) public engagement opportunities 

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


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1 (G) materials available on the Clearing2 house; 

3 (H) methods to expand access to parks 

4 and other natural and recreational amenities; 

5 and 

6 (I) finding and applying for Federal grants 

7 related to environmental justice; and 

8 (2) short courses and continuation education 

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

11 provide— 

12 (A) education relating to— 

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

15 (ii) the management of facilities at 

16 which hazardous substances are located 

17 (including facility compliance protocols); 

18 and 

19 (iii) the evaluation of the hazards that 

20 facilities described in clause (ii) pose to 

21 human health; and 

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

25 waste control. 


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1 (b) GRANT PROGRAM.— 

2 (1) ESTABLISHMENT.—In carrying out the 

3 basic training program established under subsection 

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

5 enter into any contract or cooperative agreement 

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

7 educational activity described in subsection (a). 

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

9 assistance under paragraph (1), an eligible entity 

10 shall be an accredited institution of education in 

11 partnership with— 

12 (A) a community-based organization that 

13 carries out activities relating to environmental 

14 justice; 

15 (B) a generator of hazardous waste; 

16 (C) any individual who is involved in the 

17 detection, assessment, evaluation, or treatment 

18 of hazardous waste; 

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

20 which hazardous substances are located; or 

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

23 (c) PLAN.— 

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

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


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1 in consultation with the Director, shall develop and 

2 publish in the Federal Register a plan to carry out 

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

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

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

9 (a); and 

10 (B) a description of research and training 

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

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

16 the activities of the basic training program described 

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

19 (d) REPORT.— 

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

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

22 thereafter, the Administrator shall submit to the 

23 Committees on Energy and Commerce and Natural 

24 Resources of the House of Representatives and the 

25 Committees on Environment and Public Works and 


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

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

5 and 

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

8 residents of environmental justice communities. 

9 (2) PUBLIC AVAILABILITY.—The Administrator 

10 shall make the report required under paragraph (1) 

11 available to the public (including by posting a copy 

12 of the report on the website of the Environmental 

13 Protection Agency). 

14 (e) AUTHORIZATION OF APPROPRIATIONS.—There is 

15 authorized to be appropriated to carry out this section 

16 $10,000,000 for each of fiscal years 2022 through 2026. 

17 SEC. 18. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY 

18 COUNCIL. 

19 (a) ESTABLISHMENT.—The President shall establish 

20 an advisory council, to be known as the ‘‘National Envi21 ronmental Justice Advisory Council’’. 

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

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


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

2 Tribal and Indigenous communities, including— 

3 (1) representatives of— 

4 (A) community-based organizations that 

5 carry out initiatives relating to environmental 

6 justice, including grassroots organizations led 

7 by people of color; 

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

10 (C) Indian Tribes and other Indigenous 

11 groups; 

12 (D) nongovernmental and environmental 

13 organizations; and 

14 (E) private sector organizations (including 

15 representatives of industries and businesses); 

16 and 

17 (2) experts in the field of— 

18 (A) socioeconomic analysis; 

19 (B) health and environmental effects; 

20 (C) exposure evaluation; 

21 (D) environmental law and civil rights law; 

22 or 

23 (E) environmental health science research. 

24 (c) SUBCOMMITTEES; WORKGROUPS.— 


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1 (1) ESTABLISHMENT.—The Advisory Council 

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

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

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

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

8 shall submit to the Advisory Council a report that 

9 contains— 

10 (A) a description of each recommendation 

11 of the subcommittee or workgroup; and 

12 (B) any advice requested by the Advisory 

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

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

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

18 to environmental justice, including advice— 

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

21 of the scientific research and demonstration projects 

22 of the Environmental Protection Agency relating to 

23 environmental justice; 

24 (2) to improve participation, cooperation, and 

25 communication with respect to such issues— 


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1 (A) within the Environmental Protection 

2 Agency; 

3 (B) between the Environmental Protection 

4 Agency and other entities; and 

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

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

9 the public; 

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

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

14 Tribal and Indigenous communities; and 

15 (4) on issues relating to— 

16 (A) the developmental framework of the 

17 Environmental Protection Agency with respect 

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

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

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


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1 (B) the measurement and evaluation of the 

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

5 strategies, projects, and programs; 

6 (C) any existing and future information 

7 management systems, technologies, and data 

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

10 conduct analyses that support and strengthen 

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

13 (D) the administration of grant programs 

14 relating to environmental justice assistance; and 

15 (E) education, training, and other outreach 

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

19 (e) MEETINGS.— 

20 (1) FREQUENCY.— 

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

24 (B) AUTHORITY OF ADMINISTRATOR.—The 

25 Administrator may require the Advisory Council 


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1 to conduct additional meetings if the Adminis2 trator determines that the conducting of any 

3 additional meetings is necessary. 

4 (2) PUBLIC PARTICIPATION.— 

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

8 public an opportunity— 

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

11 (ii) to appear before the Advisory 

12 Council. 

13 (B) AUTHORITY OF ADMINISTRATOR.—The 

14 Administrator may close any meeting, or por15 tion of any meeting, of the Advisory Council to 

16 the public. 

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

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

19 (g) TRAVEL EXPENSES.—The Administrator may 

20 provide to any member of the Advisory Council travel ex21 penses, including per diem in lieu of subsistence, at rates 

22 authorized for an employee of an agency under subchapter 

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

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

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


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1 SEC. 19. ENVIRONMENTAL JUSTICE CLEARINGHOUSE. 

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

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

4 establish a public internet-based clearinghouse, to be 

5 known as the Environmental Justice Clearinghouse. 

6 (b) CONTENTS.—The Clearinghouse shall be com7 posed of culturally and linguistically appropriate materials 

8 related to environmental justice, including— 

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

11 address issues relating to environmental justice; 

12 (2) copies of training materials provided by the 

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

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

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

20 justice; 

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

25 and Federal levels (with particular emphasis given to 

26 nonprofit and community-based organizations that 


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1 possess the capability to provide advice or technical 

2 assistance to environmental justice communities); 

3 and 

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

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

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

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

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

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

17 annual basis; and 

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

22 SEC. 20. PUBLIC MEETINGS. 

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

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

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1 mental justice issues in each region of the Environmental 

2 Protection Agency to gather public input with respect to 

3 the implementation and updating of environmental justice 

4 strategies and efforts of the Environmental Protection 

5 Agency. 

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

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

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

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

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

17 (A) local religious organizations; 

18 (B) civic associations and organizations; 

19 (C) business associations of people of color; 

20 (D) environmental and environmental jus21 tice organizations; 

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

24 (F) local and Tribal Governments; 

25 (G) rural cooperatives; 


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1 (H) business and trade organizations; 

2 (I) community and social service organiza3 tions; 

4 (J) universities, colleges, and vocational 

5 schools; 

6 (K) labor organizations; 

7 (L) civil rights organizations; 

8 (M) senior citizens’ groups; and 

9 (N) public health agencies and clinics; 

10 (2) through communication methods that are 

11 accessible in the applicable environmental justice 

12 community, which may include electronic media, 

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

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

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

19 (1) provide translations of any documents made 

20 available to the public pursuant to this section in 

21 any language spoken by more than 5 percent of the 

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


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1 (2) not require members of the public to 

2 produce a form of identification or register their 

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

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

6 register, questionnaire, or other similar document is 

7 utilized during meetings, it shall state clearly that 

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

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

12 the Administrator shall ensure that at least 1 employee 

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

15 as a representative of the Environmental Protection Agen16 cy. 

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

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

21 to violations in an environmental justice community— 

22 (1) are developed through consultation with, 

23 and with the meaningful participation of, individuals 

24 in the affected environmental justice community; 

25 and 


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1 (2) result in a quantifiable improvement to the 

2 health and well-being of individuals in the affected 

3 environmental justice community. 

4 SEC. 22. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL 

5 COASTAL ZONE OBJECTIVES. 

6 (a) GRANTS AUTHORIZED.—The Coastal Zone Man7 agement Act of 1972 is amended by inserting after section 

8 309 (16 U.S.C. 1456b) the following: 

9 ‘‘SEC. 309A. GRANTS TO FURTHER ACHIEVEMENT OF TRIB10 AL COASTAL ZONE OBJECTIVES. 

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

12 award grants, on a competitive basis, to Indian Tribes to 

13 pay for the Federal share of the cost of furthering achieve14 ment of the Tribal coastal zone objectives of such a Tribe. 

15 ‘‘(b) FEDERAL SHARE.— 

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

17 cost of any activity carried out under a grant under 

18 this section shall be— 

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

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

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

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

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

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


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1 grant to an Indian Tribe, or otherwise reduce the 

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

4 paragraph, if the Secretary determines that the 

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

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

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

9 Secretary determines that the activities to be carried out 

10 under the grant are compatible with this title and that 

11 the Indian Tribe has consulted with the affected coastal 

12 state regarding the grant objectives and purposes. 

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

14 Indian Tribe that receives a grant under this section shall 

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

16 purposes authorized under subsections (b) and (c), respec17 tively, of section 306A, with respect to the Indian Tribe 

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

19 under this subsection, a reference in that section to a pro20 vision shall be considered to be a corresponding provision 

21 or policy for an Indian Tribe. 

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

23 is authorized to be appropriated to carry out this section 

24 $5,000,000 for each fiscal year. 

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


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

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

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

4 term ‘Indian tribe’, under section 2601 of the En5 ergy Policy Act of 1992 (25 U.S.C. 3501). 

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

7 coastal zone’ means any Indian land of an Indian 

8 Tribe that is within the coastal zone. 

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

10 term ‘Tribal coastal zone objective’ means, with re11 spect to an Indian Tribe and its Tribal coastal zone, 

12 any of the following objectives: 

13 ‘‘(A) Protection, restoration, or preserva14 tion of areas in that zone of that Tribe that— 

15 ‘‘(i) hold important ecological, cul16 tural, or sacred significance for such Tribe; 

17 or 

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

19 esthetic values essential to such Tribe. 

20 ‘‘(B) Preparing and implementing a special 

21 area management plan and technical planning 

22 for important coastal areas. 

23 ‘‘(C) Taking any coastal or shoreline sta24 bilization measure, including any mitigation 


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1 measure, for the purpose of public safety, public 

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

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

4 date of the enactment of this Act, the Secretary of Com5 merce shall issue guidance for the program established 

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

7 the criteria for awarding grants under such program based 

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

9 in that amendment). 

10 (c) USE OF STATE GRANTS TO FULFILL TRIBAL OB11 JECTIVES.—Section 306A(c)(2) of the Coastal Zone Man12 agement Act of 1972 (16 U.S.C. 1455a(c)(2)) is amend13 ed— 

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

15 the end; 

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

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

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

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

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

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

22 this section, including an amendment made by this sec23 tion, shall be construed to affect the ability of an Indian 

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

25 participate in any program authorized by the Coastal Zone 


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

2 other related Federal laws. 

3 SEC. 23. COSMETIC LABELING. 

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

5 Drug, and Cosmetic Act (21 U.S.C. 361 et seq.) is amend6 ed by adding at the end the following: 

7 ‘‘SEC. 604. LABELING. 

8 ‘‘(a) COSMETIC PRODUCTS FOR PROFESSIONAL

9 USE.— 

10 ‘‘(1) DEFINITION OF PROFESSIONAL.—With re11 spect to cosmetics, the term ‘professional’ means an 

12 individual who— 

13 ‘‘(A) is licensed by an official State author14 ity to practice in the field of cosmetology, nail 

15 care, barbering, or esthetics; 

16 ‘‘(B) has complied with all requirements 

17 set forth by the State for such licensing; and 

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

19 board or legal agency or legal authority. 

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

21 products used and sold by professionals shall list all 

22 ingredients and warnings, as required for other cos23 metic products under this chapter. 

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

25 case of a cosmetic product intended to be used only 


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1 by a professional on account of a specific ingredient 

2 or increased concentration of an ingredient that re3 quires safe handling by trained professionals, the 

4 product shall bear a statement as follows: ‘To be Ad5 ministered Only by Licensed Professionals’. 

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

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

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

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

10 and 

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

12 by typography, layout, or color with other material 

13 printed or displayed on the label. 

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

15 of cosmetics, each internet website offering a cosmetic 

16 product for sale to consumers shall provide the same infor17 mation that is included on the packaging of the cosmetic 

18 product as regularly available through in-person sales, ex19 cept information that is unique to a single cosmetic prod20 uct sold in a retail facility, such as a lot number or expira21 tion date, and the warnings and statements described in 

22 subsection (b) shall be prominently and conspicuously dis23 played on the website. 

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

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1 tronic contact information, and it is encouraged that the 

2 label include both the telephone number and electronic 

3 contact information, that consumers may use to contact 

4 the responsible person with respect to adverse events. The 

5 contact number shall provide a means for consumers to 

6 obtain additional information about ingredients in a cos7 metic, including the ability to ask if a specific ingredient 

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

9 whether a specific ingredient may be contained in the fra10 grance or flavor used in the cosmetic. The manufacturer 

11 of the cosmetic is responsible for providing such informa12 tion, including obtaining the information from suppliers 

13 if it is not readily available. Suppliers are required to re14 lease such information upon request of the cosmetic manu15 facturer.’’. 

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

17 Food, Drug, and Cosmetic Act (21 U.S.C. 362) is amend18 ed by adding at the end the following: 

19 ‘‘(g) If its labeling does not conform with a require20 ment under section 604.’’. 

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

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

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

24 date of enactment of this Act. 


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1 SEC. 24. SAFER COSMETIC ALTERNATIVES FOR DIS2 PROPORTIONATELY IMPACTED COMMU3 NITIES. 

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, shall award grants to eligible entities— 

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

9 safer alternatives to chemicals in cosmetics with in10 herent toxicity or associated with chronic adverse 

11 health effects; or 

12 (2) to provide educational awareness and com13 munity outreach efforts to educate and promote the 

14 use of safer alternatives in cosmetics. 

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

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

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

18 a nonprofit research institution, or a nonprofit 

19 grassroots organization; and 

20 (2) not benefit from a financial relationship 

21 with a chemical or cosmetics manufacturer, supplier, 

22 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— 


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1 (1) replacing chemicals in professional cosmetic 

2 products used by nail and hair and beauty salon 

3 workers with safer alternatives; or 

4 (2) replacing chemicals in cosmetic products 

5 marketed to women and girls of color, including any 

6 such beauty, personal hygiene, and intimate care 

7 products, with safer alternatives. 

8 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

9 out this section, there are authorized to be appropriated 

10 such sums as may be necessary for fiscal years 2022 

11 through 2026. 

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

13 HOMES FOR DISPROPORTIONATELY IM14 PACTED COMMUNITIES. 

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

16 Human Services (in this section referred to as the ‘‘Sec17 retary’’), acting through the Commissioner of Food and 

18 Drugs, in consultation with the Administrator of the Envi19 ronmental Protection Agency, shall award grants to eligi20 ble entities to support research focused on the design of 

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

22 and baby products with inherent toxicity or that are asso23 ciated with chronic adverse health effects. 

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

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


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

2 or a nonprofit research institution; and 

3 (2) not benefit from a financial relationship 

4 with— 

5 (A) a chemical manufacturer, supplier, or 

6 trade association; or 

7 (B) a cleaning, toy, or baby product manu8 facturer, supplier, or trade association. 

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

10 (a), the Secretary shall give priority to applicants pro11 posing to focus on replacing chemicals in cleaning, toy, 

12 or baby products used by child care providers with safer 

13 alternatives. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.—To carry 

15 out this section, there are authorized to be appropriated 

16 such sums as may be necessary for fiscal years 2022 

17 through 2026. 

18 SEC. 26. CERTAIN MENSTRUAL PRODUCTS MISBRANDED IF 

19 LABELING DOES NOT INCLUDE INGREDI20 ENTS. 

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

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

23 adding at the end the following: 

24 ‘‘(gg) If it is a menstrual product, such as a men25 strual cup, a scented, scented deodorized, or unscented 


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1 menstrual pad or tampon, a therapeutic vaginal douche 

2 apparatus, or an obstetrical and gynecological device de3 scribed in section 884.5400, 884.5425, 884.5435, 

4 884.5460, 884.5470, or 884.5900 of title 21, Code of Fed5 eral Regulations (or any successor regulation), unless its 

6 label or labeling lists the name of each ingredient or com7 ponent of the product in order of the most predominant 

8 ingredient or component to the least predominant ingre9 dient or component.’’. 

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

11 subsection (a) applies with respect to products introduced 

12 or delivered for introduction into interstate commerce on 

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

14 enactment of this Act. 

15 SEC. 27. SUPPORT BY NATIONAL INSTITUTE OF ENVIRON16 MENTAL HEALTH SCIENCES FOR RESEARCH 

17 ON HEALTH DISPARITIES IMPACTING COM18 MUNITIES OF COLOR. 

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

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

21 at the end the following new section: 


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

2 TO COSMETICS IMPACTING COMMUNITIES OF 

3 COLOR. 

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

5 shall award grants to eligible entities— 

6 ‘‘(1) to expand support for basic, epidemiolog7 ical, and social scientific investigations into— 

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

9 links) to adverse health effects most commonly 

10 found in cosmetics marketed to women and 

11 girls of color, including beauty, personal hy12 giene, and intimate care products; 

13 ‘‘(B) the marketing and sale of such cos14 metics containing chemicals linked to adverse 

15 health effects to women and girls of color across 

16 their lifespans; 

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

18 and girls of color across their lifespans; or 

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

20 health effects most commonly found in products 

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

22 ‘‘(2) to provide educational awareness and com23 munity outreach efforts to educate and promote the 

24 use of safer alternatives in cosmetics; and 

25 ‘‘(3) to disseminate the results of any such re26 search described in subparagraph (A) or (B) of 


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1 paragraph (1) (conducted by the grantee pursuant 

2 to this section or otherwise) to help communities 

3 identify and address potentially unsafe chemical ex4 posures in the use of cosmetics. 

5 ‘‘(b) ELIGIBLE ENTITIES.—To be eligible to receive 

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

7 ‘‘(1) be a public institution such as a university, 

8 a nonprofit research institution, or a nonprofit 

9 grassroots organization; and 

10 ‘‘(2) not benefit from a financial relationship 

11 with a chemical or cosmetics manufacturer, supplier, 

12 or trade association. 

13 ‘‘(c) REPORT.—Not later than the end 1 year after 

14 awarding grants under this section, and each year there15 after, the Director of the Institute shall submit to the 

16 Committee on Energy and Commerce of the House of 

17 Representatives and the Committee on Health, Education, 

18 Labor, and Pensions of the Senate, and make publicly 

19 available, a report on the results of the investigations 

20 funded under subsection (a), including— 

21 ‘‘(1) summary findings on— 

22 ‘‘(A) marketing strategies, product cat23 egories, and specific cosmetics containing ingre24 dients linked to adverse health effects; and 


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1 ‘‘(B) the demographics of the populations 

2 marketed to and using cosmetics containing 

3 such ingredients for personal and professional 

4 use; and 

5 ‘‘(2) recommended public health information 

6 strategies to reduce potentially unsafe exposures to 

7 cosmetics. 

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

9 carry out this section, there are authorized to be appro10 priated such sums as may be necessary for fiscal years 

11 2022 through 2026.’’. 

12 SEC. 28. REVENUES FOR JUST TRANSITION ASSISTANCE. 

13 (a) DEFINITIONS.—In this section: 

14 (1) NONPRODUCING LEASE.—The term ‘‘non15 producing lease’’ means any Federal onshore or off16 shore oil or natural gas lease under which oil or nat17 ural gas is produced for fewer than 90 days in an 

18 applicable calendar year. 

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

20 the Secretary of the Interior. 

21 (b) MINERAL LEASING REVENUE.— 

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

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

fourth sentence, by striking ‘‘121 24 ⁄2 per centum’’ and 

25 inserting ‘‘18.75 percent’’. 


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1 (2) LEASES ON LAND KNOWN OR BELIEVED TO

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

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

4 (A) in subsection (b)— 

5 (i) in paragraph (1)(A)— 

6 (I) in the fourth sentence, by 

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

8 follows through ‘‘are necessary’’ and 

9 inserting ‘‘may be held in each State 

10 not more than once each year’’; and 

11 (II) in the fifth sentence, by 

12 striking ‘‘12.5 percent’’ and inserting 

13 ‘‘18.75 percent’’; and 

14 (ii) in paragraph (2)(A)(ii), by striking ‘‘121 15 ⁄2 per centum’’ and inserting 

16 ‘‘18.75 percent’’; 

17 (B) in subsection (c)(1), in the second sen18 tence, by striking ‘‘12.5 percent’’ and inserting 

19 ‘‘18.75 percent’’; 

(C) in subsection (l), by striking ‘‘121 20 ⁄2 per 

21 centum’’ each place it appears and inserting 

22 ‘‘18.75 percent’’; and 

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

‘‘121 24 ⁄2 per centum’’ and inserting ‘‘18.75 per25 cent’’. 


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1 (3) REINSTATEMENT OF LEASES.—Section 

2 31(e)(3) of the Mineral Leasing Act (30 U.S.C. 

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

4 it appears and inserting ‘‘25’’. 

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

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

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

8 by striking ‘‘All’’ and inserting ‘‘Except as pro9 vided in subsection (e), all’’; and 

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

11 ‘‘(e) DISTRIBUTION OF CERTAIN AMOUNTS.—Not12 withstanding paragraph (1), the amount of any increase 

13 in revenues collected as a result of the amendments made 

14 by subsection (b) of section 28 of the Environmental Jus15 tice For All Act shall be deposited and distributed in ac16 cordance with subsection (d) of that section.’’. 

17 (c) FEES FOR PRODUCING LEASES AND NONPRO18 DUCING LEASES.— 

19 (1) CONSERVATION OF RESOURCES FEES.— 

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

21 on producing Federal onshore and offshore oil and 

22 gas leases. 

23 (2) SPECULATIVE LEASING FEES.—There is es24 tablished a fee of $6 per acre per year on nonpro25 ducing leases. 


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1 (d) DEPOSIT.— 

2 (1) IN GENERAL.—All amounts collected under 

3 paragraphs (1) and (2) of subsection (c) shall be de4 posited in the Federal Energy Transition Economic 

5 Development Assistance Fund established by section 

6 29(c). 

7 (2) MINERAL LEASING REVENUE.—Notwith8 standing any other provision of law, of the amount 

9 of any increase in revenue collected as a result of the 

10 amendments made by subsection (b)— 

11 (A) 50 percent shall be deposited in the 

12 Federal Energy Transition Economic Develop13 ment Assistance Fund established by section 

14 29(c); and 

15 (B) 50 percent shall be distributed to the 

16 State in which the production occurred. 

17 (e) ADJUSTMENT FOR INFLATION.—The Secretary 

18 shall, by regulation at least once every 4 years, adjust each 

19 fee established by subsection (c) to reflect any change in 

20 the Consumer Price Index (all items, United States city 

21 average) as prepared by the Department of Labor. 


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1 SEC. 29. ECONOMIC REVITALIZATION FOR FOSSIL FUEL-DE2 PENDENT COMMUNITIES. 

3 (a) PURPOSE.—The purpose of this section is to pro4 mote economic revitalization, diversification, and develop5 ment in communities— 

6 (1) that depend on fossil fuel mining, extrac7 tion, or refining for a significant amount of eco8 nomic opportunities; or 

9 (2) in which a significant proportion of the pop10 ulation is employed at electric generating stations 

11 that use fossil fuels as the predominant fuel supply. 

12 (b) DEFINITIONS.—In this section: 

13 (1) ADVISORY COMMITTEE.—The term ‘‘Advi14 sory Committee’’ means the Just Transition Advi15 sory Committee established by subsection (g)(1). 

16 (2) DISPLACED WORKER.—The term ‘‘displaced 

17 worker’’ means an individual who, due to efforts to 

18 reduce net emissions from public land or as a result 

19 of a downturn in fossil fuel mining, extraction, or 

20 production, has suffered a reduction in employment 

21 or economic opportunities. 

22 (3) FOSSIL FUEL.—The term ‘‘fossil fuel’’ 

23 means coal, petroleum, natural gas, tar sands, oil 

24 shale, or any derivative of coal, petroleum, or nat25 ural gas. 


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1 (4) FOSSIL FUEL-DEPENDENT COMMUNITY.— 

2 The term ‘‘fossil fuel-dependent community’’ means 

3 a community— 

4 (A) that depends on fossil fuel mining, and 

5 extraction, or refining for a significant amount 

6 of economic opportunities; or 

7 (B) in which a significant proportion of the 

8 population is employed at electric generating 

9 stations that use fossil fuels as the predominant 

10 fuel supply. 

11 (5) FOSSIL FUEL TRANSITION COMMUNITY.— 

12 The term ‘‘fossil fuel transition community’’ means 

13 a community— 

14 (A) that has been adversely affected eco15 nomically by a recent reduction in fossil fuel 

16 mining, extraction, or production-related activ17 ity, as demonstrated by employment data, per 

18 capita income, or other indicators of economic 

19 distress; 

20 (B) that has historically relied on fossil 

21 fuel mining, extraction, or production-related 

22 activity for a substantial portion of its economy; 

23 or 


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1 (C) in which the economic contribution of 

2 fossil fuel mining, extraction, or production-re3 lated activity has significantly declined. 

4 (6) FUND.—The term ‘‘Fund’’ means the Fed5 eral Energy Transition Economic Development As6 sistance Fund established by subsection (c). 

7 (7) PUBLIC LAND.— 

8 (A) IN GENERAL.—The term ‘‘public land’’ 

9 means any land and interest in land owned by 

10 the United States within the several States and 

11 administered by the Secretary or the Secretary 

12 of Agriculture (acting through the Chief of the 

13 Forest Service) without regard to how the 

14 United States acquired ownership. 

15 (B) INCLUSION.—The term ‘‘public land’’ 

16 includes land located on the outer Continental 

17 Shelf. 

18 (C) EXCLUSION.—The term ‘‘public land’’ 

19 does not include land held in trust for an In20 dian Tribe or member of an Indian Tribe. 

21 (8) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Interior. 

23 (c) ESTABLISHMENT OF FEDERAL ENERGY TRANSI24 TION ECONOMIC DEVELOPMENT ASSISTANCE FUND.— 

25 There is established in the Treasury of the United States 


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1 a fund, to be known as the ‘‘Federal Energy Transition 

2 Economic Development Assistance Fund’’, which shall 

3 consist of amounts deposited in the Fund under section 

4 28(d). 

5 (d) DISTRIBUTION OF FUNDS.—Of the amounts de6 posited in the Fund— 

7 (1) 35 percent shall be distributed by the Sec8 retary to States in which extraction of fossil fuels 

9 occurs on public land, based on a formula reflecting 

10 existing production and extraction in the State; 

11 (2) 35 percent shall be distributed by the Sec12 retary to States based on a formula reflecting the 

13 quantity of fossil fuels historically produced and ex14 tracted in the State on public land before the date 

15 of enactment of this Act; and 

16 (3) 30 percent shall be allocated to a competi17 tive grant program under subsection (f). 

18 (e) USE OF FUNDS.— 

19 (1) IN GENERAL.—Funds distributed by the 

20 Secretary to States under paragraphs (1) and (2) of 

21 subsection (d) may be used for— 

22 (A) environmental remediation of land and 

23 waters impacted by the full lifecycle of fossil 

24 fuel extraction and mining; 


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1 (B) building partnerships to attract and 

2 invest in the economic future of historically fos3 sil fuel-dependent communities; 

4 (C) increasing capacity and other technical 

5 assistance fostering long-term economic growth 

6 and opportunity in historically fossil fuel-de7 pendent communities; 

8 (D) guaranteeing pensions, healthcare, and 

9 retirement security and providing a bridge of 

10 wage support until a displaced worker either 

11 finds new employment or reaches retirement; 

12 (E) severance payments for displaced 

13 workers; 

14 (F) carbon sequestration projects in nat15 ural systems on public land; or 

16 (G) expanding broadband access and 

17 broadband infrastructure. 

18 (2) PRIORITY TO FOSSIL FUEL WORKERS.—In 

19 distributing funds under paragraph (1), the Sec20 retary shall give priority to assisting displaced work21 ers dislocated from fossil fuel mining and extraction 

22 industries. 

23 (f) COMPETITIVE GRANT PROGRAM.— 

24 (1) IN GENERAL.—The Secretary shall establish 

25 a competitive grant program to provide funds to eliVerDate Sep 11 2014 20:21 Apr 19, 2021 Jkt 019200 PO 00000 Frm 00131 Fmt 6652 Sfmt 6201 E:\BILLS\S872.IS S872

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1 gible entities for the purposes described in para2 graph (3). 

3 (2) DEFINITION OF ELIGIBLE ENTITY.—In this 

4 subsection, the term ‘‘eligible entity’’ means a local, 

5 State, or Tribal government, local development dis6 trict (as defined in section 382E(a) of the Consoli7 dated Farm and Rural Development Act (7 U.S.C. 

8 2009aa–4(a))), a nonprofit organization, labor 

9 union, economic development agency, or institution 

10 of higher education (including a community college). 

11 (3) ELIGIBLE USE OF FUNDS.—The Secretary 

12 may award grants from amounts in the Fund made 

13 available under subsection (d)(3) for— 

14 (A) the purposes described in subsection 

15 (e)(1); 

16 (B)(i) existing job retraining and appren17 ticeship programs for displaced workers; or 

18 (ii) programs designed to promote eco19 nomic development in communities affected by 

20 a downturn in fossil fuel extraction and mining; 

21 (C) developing projects that— 

22 (i) diversify local and regional econo23 mies; 

24 (ii) create jobs in new or existing non25 fossil fuel industries; 


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1 (iii) attract new sources of job-cre2 ating investment; or 

3 (iv) provide a range of workforce serv4 ices and skills training; 

5 (D) internship programs in a field related 

6 to clean energy; and 

7 (E) the development and support of— 

8 (i) a clean energy certificate program 

9 at a labor organization; or 

10 (ii) a clean energy major or minor 

11 program at an institution of higher edu12 cation (as defined in section 101 of the 

13 Higher Education Act of 1965 (20 U.S.C. 

14 1001)). 

15 (g) JUST TRANSITION ADVISORY COMMITTEE.— 

16 (1) ESTABLISHMENT.—Not later than 180 days 

17 after the date of enactment of this Act, the Sec18 retary shall establish an advisory committee, to be 

19 known as the ‘‘Just Transition Advisory Com20 mittee’’. 

21 (2) CHAIR.—The President shall appoint a 

22 Chair of the Advisory Committee. 

23 (3) DUTIES.—The Advisory Committee shall— 

24 (A) advise, assist, and support the Sec25 retary in— 


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1 (i) the management and allocation of 

2 funds available under subsection (d); and 

3 (ii) the establishment and administra4 tion of the competitive grant program 

5 under subsection (f); and 

6 (B) develop procedures to ensure that 

7 States and applicants eligible to participate in 

8 the competitive grant program established 

9 under subsection (f) are notified of the avail10 ability of Federal funds pursuant to this sec11 tion. 

12 (4) MEMBERSHIP.— 

13 (A) IN GENERAL.—The total number of 

14 members of the Advisory Committee shall not 

15 exceed 20 members. 

16 (B) COMPOSITION.—The Advisory Com17 mittee shall be composed of the following mem18 bers appointed by the Chair: 

19 (i) A representative of the Assistant 

20 Secretary of Commerce for Economic De21 velopment. 

22 (ii) A representative of the Secretary 

23 of Labor. 

24 (iii) A representative of the Under 

25 Secretary for Rural Development. 


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1 (iv) Two individuals with professional 

2 economic development or workforce re3 training experience. 

4 (v) An equal number of representa5 tives from each of the following: 

6 (I) Labor unions. 

7 (II) Nonprofit environmental or8 ganizations. 

9 (III) Environmental justice orga10 nizations. 

11 (IV) Fossil fuel transition com12 munities. 

13 (V) Public interest groups. 

14 (VI) Tribal and Indigenous com15 munities. 

16 (5) TERMINATION.—The Advisory Committee 

17 shall not terminate except by an Act of Congress. 

18 (h) LIMIT ON USE OF FUNDS.— 

19 (1) ADMINISTRATIVE COSTS.—Not more than 7 

20 percent of the amounts in the Fund may be used for 

21 administrative costs incurred in implementing this 

22 section. 

23 (2) LIMITATION ON FUNDS TO A SINGLE ENTI24 TY.—Not more than 5 percent of the amounts in the 

25 Fund may be awarded to a single eligible entity. 


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1 (3) CALENDAR YEAR LIMITATION.—Not less 

2 than 15 percent of the amounts in the Fund shall 

3 be spent in each calendar year. 

4 (i) USE OF AMERICAN IRON, STEEL, AND MANUFAC5 TURED GOODS.—None of the funds appropriated or other6 wise made available by this section may be used for a 

7 project for the construction, alteration, maintenance, or 

8 repair of a public building or public work unless all of the 

9 iron, steel, and manufactured goods used in the project 

10 are produced in the United States, unless the manufac11 tured good is not produced in the United States. 

12 (j) SUBMISSION TO CONGRESS.—The Secretary shall 

13 submit to the Committees on Appropriations and Energy 

14 and Natural Resources of the Senate and the Committees 

15 on Appropriations and Natural Resources of the House 

16 of Representatives, with the annual budget submission of 

17 the President, a list of projects, including a description 

18 of each project, that received funding under this section 

19 in the previous calendar year. 

20 SEC. 30. EVALUATION BY COMPTROLLER GENERAL OF THE 

21 UNITED STATES. 

22 Not later than 2 years after the date of enactment 

23 of this Act, and biennially thereafter, the Comptroller 

24 General of the United States shall submit to the Commit25 tees on Energy and Commerce and Natural Resources of 


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1 the House of Representatives, and the Committees on En2 vironment and Public Works and Energy and Natural Re3 sources of the Senate, a report that contains an evaluation 

4 of the effectiveness of each activity carried out under this 

5 Act and the amendments made by this Act. 

Æ 


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