A. Donald McEachin Environmental Justice For All Act

Subjects: Environmental Protection


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 919 Introduced in Senate (IS)]

&lt;DOC&gt;






118th CONGRESS
  1st Session
                                 S. 919

  To restore, reaffirm, and reconcile environmental justice and civil 
                    rights, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 22, 2023

Ms. Duckworth (for herself, Mr. Booker, Mr. Markey, Mr. Blumenthal, Ms. 
Warren, Mr. Schatz, Mr. Welch, Mr. Sanders, Ms. Smith, Mr. Van Hollen, 
Mr. Wyden, Mr. Merkley, and Mr. Padilla) introduced the following bill; 
 which was read twice and referred to the Committee on Environment and 
                              Public Works

_______________________________________________________________________

                                 A BILL


 
  To restore, reaffirm, and reconcile environmental justice and civil 
                    rights, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``A. Donald McEachin 
Environmental Justice For All Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; statement of policy.
Sec. 3. Definitions.
Sec. 4. Prohibited discrimination.
Sec. 5. Right of action.
Sec. 6. Rights of recovery.
Sec. 7. Consideration of cumulative impacts and persistent violations 
                            in certain permitting decisions.
Sec. 8. White House Environmental Justice Interagency Council.
Sec. 9. Federal agency actions and responsibilities.
Sec. 10. Ombuds.
Sec. 11. Access to parks, outdoor spaces, and public recreation 
                            opportunities.
Sec. 12. Transit to trails grant program.
Sec. 13. Repeal of sunset for the Every Kid Outdoors program.
Sec. 14. Protections for environmental justice communities against 
                            harmful Federal actions.
Sec. 15. Strengthening Community Protections under the National 
                            Environmental Policy Act of 1969.
Sec. 16. Training of employees of Federal agencies.
Sec. 17. Environmental justice grant programs.
Sec. 18. Environmental justice basic training program.
Sec. 19. National Environmental Justice Advisory Council.
Sec. 20. Environmental Justice Clearinghouse.
Sec. 21. Public meetings.
Sec. 22. Environmental projects for environmental justice communities.
Sec. 23. Grants to further achievement of Tribal coastal zone 
                            objectives.
Sec. 24. Cosmetic labeling.
Sec. 25. Safer cosmetic alternatives for disproportionately impacted 
                            communities.
Sec. 26. Safer child care centers, schools, and homes for 
                            disproportionately impacted communities.
Sec. 27. Certain menstrual products misbranded if labeling does not 
                            include ingredients.
Sec. 28. Support by National Institute of Environmental Health Sciences 
                            for research on health disparities 
                            impacting communities of color.
Sec. 29. Revenues for just transition assistance.
Sec. 30. Economic revitalization for fossil fuel-dependent communities.
Sec. 31. Evaluation by Comptroller General of the United States.

SEC. 2. FINDINGS; STATEMENT OF POLICY.

    (a) Findings.--Congress finds that--
            (1) communities of color, low-income communities, Tribal 
        and Indigenous communities, fossil fuel-dependent communities, 
        and other vulnerable populations, such as persons with 
        disabilities, children, and the elderly, are disproportionately 
        burdened by environmental hazards that include exposure to 
        polluted air, waterways, and landscapes;
            (2) environmental justice disparities are also exhibited 
        through a lack of equitable access to green spaces, public 
        recreation opportunities, and information and data on potential 
        exposure to environmental hazards;
            (3) communities experiencing environmental injustice have 
        been subjected to systemic racial, social, and economic 
        injustices and face a disproportionate burden of adverse human 
        health or environmental effects, a higher risk of intentional, 
        unconscious, and structural discrimination, and 
        disproportionate energy burdens;
            (4) environmental justice communities have been made more 
        vulnerable to the effects of climate change due to a 
        combination of factors, particularly the legacy of segregation 
        and historically racist zoning codes, and often have the least 
        resources to respond, making it a necessity for environmental 
        justice communities to be meaningfully engaged as partners and 
        stakeholders in government decision making as the United States 
        builds its climate resilience;
            (5) potential environmental and climate threats to 
        environmental justice communities merit a higher level of 
        engagement, review, and consent to ensure that communities are 
        not forced to bear disproportionate environmental and health 
        impacts;
            (6) the burden of proof that a proposed action will not 
        harm communities, including through cumulative exposure 
        effects, should fall on polluting industries and on the Federal 
        Government in its regulatory role, not the communities 
        themselves;
            (7) Executive Order 12898 (42 U.S.C. 4321 note; relating to 
        Federal actions to address environmental justice in minority 
        populations and low-income populations) directs Federal 
        agencies to address disproportionately high and adverse human 
        health or environmental effects of its programs, but Federal 
        agencies have been inconsistent in updating their strategic 
        plans for environmental justice and reporting on their progress 
        in enacting those plans;
            (8) Government action to correct environmental injustices 
        is a moral imperative, and Federal policy can and should 
        improve public health and improve the overall well-being of all 
        communities;
            (9) all people have the right to breathe clean air, drink 
        clean water, live free of dangerous levels of toxic pollution, 
        and share the benefits of a prosperous and vibrant pollution-
        free economy;
            (10) a fair and just transition to a pollution-free economy 
        is necessary to ensure that workers and communities in 
        deindustrialized areas have access to the resources and 
        benefits of a sustainable future, and that transition must also 
        address the economic disparities experienced by residents 
        living in areas contaminated by pollution or environmental 
        degradation, including access to jobs, and members of those 
        communities must be fully and meaningfully involved in 
        transition planning processes; and
            (11) it is the responsibility of the Federal Government to 
        seek to achieve environmental justice, health equity, and 
        climate justice for all communities.
    (b) Statement of Policy.--It is the policy of Congress that each 
Federal agency should--
            (1) seek to achieve environmental justice as part of its 
        mission by identifying and addressing, as appropriate, 
        disproportionately adverse human health or environmental 
        effects of its programs, policies, practices, and activities on 
        communities of color, low-income communities, and Tribal and 
        Indigenous communities in each State and territory of the 
        United States;
            (2) promote meaningful involvement by communities and due 
        process in the development, implementation, and enforcement of 
        environmental laws;
            (3) provide direct guidance and technical assistance to 
        communities experiencing environmental injustice focused on 
        increasing shared understanding of the science, laws, 
        regulations, and policy related to Federal agency action on 
        environmental justice issues;
            (4) cooperate with State governments, Indian Tribes, and 
        local governments to address pollution and public health 
        burdens in communities experiencing environmental injustice, 
        and build healthy, sustainable, and resilient communities; and
            (5) recognize the right of all people to clean air, safe 
        and affordable drinking water, protection from climate hazards, 
        and the sustainable preservation of the ecological integrity 
        and aesthetic, scientific, cultural, and historical values of 
        the natural environment.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Advisory council.--The term ``Advisory Council'' means 
        the National Environmental Justice Advisory Council established 
        by the President under section 19.
            (3) Clearinghouse.--The term ``Clearinghouse'' means the 
        Environmental Justice Clearinghouse established by the 
        Administrator under section 20.
            (4) Community of color.--The term ``community of color'' 
        means a geographically distinct area in which the population of 
        any of the following categories of individuals is higher than 
        the average population of that category for the State in which 
        the community is located:
                    (A) Black.
                    (B) African American.
                    (C) Asian.
                    (D) Pacific Islander.
                    (E) Other non-White race.
                    (F) Hispanic.
                    (G) Latino.
                    (H) Linguistically isolated.
                    (I) Middle Eastern and North African.
            (5) Director.--The term ``Director'' means the Director of 
        the National Institute of Environmental Health Sciences.
            (6) Disparate impact.--The term ``disparate impact'' means 
        an action or practice that, even if appearing neutral, actually 
        has the effect of subjecting persons to discrimination on the 
        basis of race, color, or national origin.
            (7) Disproportionate burden of adverse human health or 
        environmental effects.--The term ``disproportionate burden of 
        adverse human health or environmental effects'' means a 
        situation where there exists higher or more adverse human 
        health or environmental effects on communities of color, low-
        income communities, and Tribal and Indigenous communities.
            (8) Environmental justice.--The term ``environmental 
        justice'' means the fair treatment and meaningful involvement 
        of all people regardless of race, color, culture, national 
        origin, or income, with respect to the development, 
        implementation, and enforcement of environmental laws, 
        regulations, and policies to ensure that each person enjoys--
                    (A) the same degree of protection from 
                environmental and health hazards; and
                    (B) equal access and involvement with respect to 
                any Federal agency action on environmental justice 
                issues in order to have a healthy environment in which 
                to live, learn, work, and recreate.
            (9) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of communities of color, low-income 
        communities, or Tribal and Indigenous communities, that 
        experiences, or is at risk of experiencing higher or more 
        adverse human health or environmental effects.
            (10) Environmental law.--The term ``environmental law'' 
        includes--
                    (A) the Clean Air Act (42 U.S.C. 7401 et seq.);
                    (B) the Federal Water Pollution Control Act (33 
                U.S.C. 1251 et seq.);
                    (C) the Energy Policy Act of 2005 (42 U.S.C. 15801 
                et seq.);
                    (D) the National Environmental Policy Act of 1969 
                (42 U.S.C. 4321 et seq.);
                    (E) the Pollution Prevention Act of 1990 (42 U.S.C. 
                13101 et seq.);
                    (F) the Safe Drinking Water Act (42 U.S.C. 300f et 
                seq.);
                    (G) the Solid Waste Disposal Act (42 U.S.C. 6901 et 
                seq.);
                    (H) the Federal Insecticide, Fungicide, and 
                Rodenticide Act (7 U.S.C. 136 et seq.);
                    (I) the Toxic Substances Control Act (15 U.S.C. 
                2601 et seq.);
                    (J) Public Law 95-341 (commonly known as the 
                ``American Indian Religious Freedom Act'') (42 U.S.C. 
                1996 et seq.); and
                    (K) division A of subtitle III of title 54, United 
                States Code (formerly known as the ``National Historic 
                Preservation Act'').
            (11) Fair treatment.--The term ``fair treatment'' means the 
        conduct of a program, policy, practice, or activity by a 
        Federal agency in a manner that ensures that no group of 
        individuals (including racial, ethnic, or socioeconomic groups) 
        experience a disproportionate burden of adverse human health or 
        environmental effects resulting from such program, policy, 
        practice, or activity, as determined through consultation with, 
        and with the meaningful participation of, individuals from the 
        communities affected by a program, policy, practice, or 
        activity of a Federal agency.
            (12) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            (13) Local government.--The term ``local government'' 
        means--
                    (A) a county, municipality, city, town, township, 
                local public authority, school district, special 
                district, intrastate district, council of governments 
                (regardless of whether the council of governments is 
                incorporated as a nonprofit corporation under State 
                law), regional or interstate governmental entity, or 
                agency or instrumentality of a local government; or
                    (B) an Indian Tribe, an authorized Tribal 
                organization, or an Alaska Native village or 
                organization.
            (14) Low-income community.--The term ``low-income 
        community'' means any census block group in which 30 percent or 
        more of the population are individuals with an annual household 
        income equal to, or less than, the greater of--
                    (A) an amount equal to 80 percent of the median 
                income of the area in which the household is located, 
                as reported by the Department of Housing and Urban 
                Development; and
                    (B) 200 percent of the Federal poverty line.
            (15) Population.--The term ``population'' means a census 
        block group or series of geographically contiguous blocks 
        representing certain common characteristics, such as race, 
        ethnicity, national origin, income level, health disparities, 
        or other public health and socioeconomic attributes.
            (16) State.--The term ``State'' means--
                    (A) any State of the United States;
                    (B) the District of Columbia;
                    (C) the Commonwealth of Puerto Rico;
                    (D) the United States Virgin Islands;
                    (E) Guam;
                    (F) American Samoa; and
                    (G) the Commonwealth of the Northern Mariana 
                Islands.
            (17) Tribal and indigenous community.--The term ``Tribal 
        and Indigenous community'' means a population of people who are 
        members of--
                    (A) a federally recognized Indian Tribe;
                    (B) a State-recognized Indian Tribe;
                    (C) an Alaska Native community or organization;
                    (D) a Native Hawaiian community or organization; or
                    (E) any other Indigenous community located in a 
                State.
            (18) White house interagency council.--The term ``White 
        House interagency council'' means the White House Environmental 
        Justice Interagency Council described in section 8.
            (19) Tribal organization.--The term ``Tribal organization'' 
        means an organization that is--
                    (A) a Tribal organization (as defined in section 4 
                of the Indian Self-Determination and Education 
                Assistance Act (25 U.S.C. 5304));
                    (B) a Native Hawaiian organization (as defined in 
                section 2 of the Native American Graves Protection and 
                Repatriation Act (25 U.S.C. 3001)); or
                    (C) an urban Indian Organization (as defined in 
                section 4 of the Indian Health Care Improvement Act (25 
                U.S.C. 1603)).

SEC. 4. PROHIBITED DISCRIMINATION.

    Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is 
amended--
            (1) by striking ``No'' and inserting ``(a) No''; and
            (2) by adding at the end the following:
    ``(b)(1)(A) Discrimination (including exclusion from participation 
and denial of benefits) based on disparate impact is established under 
this title if--
            ``(i) an entity subject to this title (referred to in this 
        subsection as a `covered entity') has a program, policy, 
        practice, or activity that causes a disparate impact on the 
        basis of race, color, or national origin and the covered entity 
        fails to demonstrate that the challenged program, policy, 
        practice, or activity is related to and necessary to achieve 
        the nondiscriminatory goal of the program, policy, practice, or 
        activity alleged to have been operated in a discriminatory 
        manner; or
            ``(ii) a less discriminatory alternative program, policy, 
        practice, or activity exists, and the covered entity refuses to 
        adopt such alternative program, policy, practice, or activity.
    ``(B) With respect to demonstrating that a particular program, 
policy, practice, or activity does not cause a disparate impact, the 
covered entity shall demonstrate that each particular challenged 
program, policy, practice, or activity does not cause a disparate 
impact, except that if the covered entity demonstrates to the courts 
that the elements of the covered entity's decision-making process are 
not capable of separation for analysis, the decision-making process may 
be analyzed as 1 program, policy, practice, or activity.
    ``(2) A demonstration that a program, policy, practice, or activity 
is necessary to achieve the goals of a program, policy, practice, or 
activity may not be used as a defense against a claim of intentional 
discrimination under this title.
    ``(3) In this subsection--
            ``(A) the term `demonstrates' means to meet the burdens of 
        going forward with the evidence and of persuasion; and
            ``(B) the term `disparate impact' has the meaning given the 
        term in section 3 of the A. Donald McEachin Environmental 
        Justice For All Act.
    ``(c) No person in the United States shall be subjected to 
discrimination, including retaliation or intimidation, because such 
person opposed any program, policy, practice, or activity prohibited by 
this title, or because such person made a charge, testified, assisted, 
or participated in any manner in an investigation, proceeding, or 
hearing under this title.''.

SEC. 5. RIGHT OF ACTION.

    (a) In General.--Section 602 of the Civil Rights Act of 1964 (42 
U.S.C. 2000d-1) is amended--
            (1) by inserting ``(a)'' before ``Each Federal department 
        and agency which is empowered''; and
            (2) by adding at the end the following:
    ``(b) Any person aggrieved by the failure to comply with this 
title, including any regulation promulgated pursuant to this title, may 
file suit in any district court of the United States having 
jurisdiction of the parties, without respect to the amount in 
controversy and without regard to the citizenship of the parties.''.
    (b) Effective Date.--
            (1) In general.--This section, including the amendments 
        made by this section, takes effect on the date of enactment of 
        this Act.
            (2) Application.--This section, including the amendments 
        made by this section, applies to all actions or proceedings 
        pending on or after the date of enactment of this Act.

SEC. 6. RIGHTS OF RECOVERY.

    Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
is amended by inserting after section 602 the following:

``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.

    ``(a) Claims Based on Proof of Intentional Discrimination.--In an 
action brought by an aggrieved person under this title against an 
entity subject to this title (referred to in this section as a `covered 
entity') who has engaged in unlawful intentional discrimination (not a 
practice that is unlawful because of its disparate impact) prohibited 
under this title (including its implementing regulations), the 
aggrieved person may recover equitable and legal relief (including 
compensatory and punitive damages), attorney's fees (including expert 
fees), and costs of the action, except that punitive damages are not 
available against a government, government agency, or political 
subdivision.
    ``(b) Claims Based on the Disparate Impact Standard of Proof.--In 
an action brought by an aggrieved person under this title against a 
covered entity who has engaged in unlawful discrimination based on 
disparate impact prohibited under this title (including implementing 
regulations), the aggrieved person may recover attorney's fees 
(including expert fees), and costs of the action.
    ``(c) Definitions.--In this section:
            ``(1) Aggrieved person.--The term `aggrieved person' means 
        a person aggrieved by discrimination on the basis of race, 
        color, or national origin.
            ``(2) Disparate impact.--The term `disparate impact' has 
        the meaning given the term in section 3 of the A. Donald 
        McEachin Environmental Justice For All Act.''.

SEC. 7. CONSIDERATION OF CUMULATIVE IMPACTS AND PERSISTENT VIOLATIONS 
              IN CERTAIN PERMITTING DECISIONS.

    (a) Federal Water Pollution Control Act.--Section 402 of the 
Federal Water Pollution Control Act (33 U.S.C. 1342) is amended--
            (1) by striking the section designation and heading and all 
        that follows through ``Except as'' in subsection (a)(1) and 
        inserting the following:

``SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM.

    ``(a) Permits Issued by Administrator.--
            ``(1) In general.--Except as'';
            (2) in subsection (a)--
                    (A) in paragraph (1)--
                            (i) by striking ``upon condition that such 
                        discharge will meet either (A) all'' and 
                        inserting the following: ``subject to the 
                        conditions that--
                    ``(A) the discharge will achieve compliance with, 
                as applicable--
                            ``(i) all'';
                            (ii) by striking ``403 of this Act, or (B) 
                        prior'' and inserting the following: ``403; or
                            ``(ii) prior''; and
                            (iii) by striking ``this Act.'' and 
                        inserting the following: ``this Act; and
                    ``(B) with respect to the issuance or renewal of 
                the permit--
                            ``(i) based on an analysis by the 
                        Administrator of existing water quality and the 
                        potential cumulative impacts (as defined in 
                        section 501 of the Clean Air Act (42 U.S.C. 
                        7661)) of the discharge, considered in 
                        conjunction with the designated and actual uses 
                        of the impacted navigable water, there exists a 
                        reasonable certainty of no harm to the health 
                        of the general population, or to any 
                        potentially exposed or susceptible 
                        subpopulation; or
                            ``(ii) if the Administrator determines 
                        that, due to those potential cumulative 
                        impacts, there does not exist a reasonable 
                        certainty of no harm to the health of the 
                        general population, or to any potentially 
                        exposed or susceptible subpopulation, the 
                        permit or renewal includes such terms and 
                        conditions as the Administrator determines to 
                        be necessary to ensure a reasonable certainty 
                        of no harm.''; and
                    (B) in paragraph (2), by striking ``assure 
                compliance with the requirements of paragraph (1) of 
                this subsection, including conditions on data and 
                information collection, reporting, and such other 
                requirements as he deems appropriate.'' and inserting 
                the following: ``ensure compliance with the 
                requirements of paragraph (1), including--
            ``(A) conditions relating to--
                    ``(i) data and information collection;
                    ``(ii) reporting; and
                    ``(iii) such other requirements as the 
                Administrator determines to be appropriate; and
            ``(B) additional controls or pollution prevention 
        requirements.''; and
            (3) in subsection (b)--
                    (A) in each of paragraphs (1)(D), (2)(B), and (3) 
                through (7), by striking the semicolon at the end and 
                inserting a period;
                    (B) in paragraph (8), by striking ``; and'' at the 
                end and inserting a period; and
                    (C) by adding at the end the following:
    ``(10) To ensure that no permit will be issued or renewed if, with 
respect to an application for the permit, the State determines, based 
on an analysis by the State of existing water quality and the potential 
cumulative impacts (as defined in section 501 of the Clean Air Act (42 
U.S.C. 7661)) of the discharge, considered in conjunction with the 
designated and actual uses of the impacted navigable water, that the 
terms and conditions of the permit or renewal would not be sufficient 
to ensure a reasonable certainty of no harm to the health of the 
general population, or to any potentially exposed or susceptible 
subpopulation.''.
    (b) Clean Air Act.--
            (1) Definitions.--Section 501 of the Clean Air Act (42 
        U.S.C. 7661) is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``As used in this title--'' and inserting ``In 
                this title:'';
                    (B) by redesignating paragraphs (2), (3), and (4) 
                as paragraphs (3), (5), and (4), respectively, and 
                moving the paragraphs so as to appear in numerical 
                order; and
                    (C) by inserting after paragraph (1) the following:
            ``(2) Cumulative impacts.--The term `cumulative impacts' 
        means any exposure to a public health or environmental risk, or 
        other effect occurring in a specific geographical area, 
        including from an emission, discharge, or release--
                    ``(A) including--
                            ``(i) environmental pollution released--
                                    ``(I)(aa) routinely;
                                    ``(bb) accidentally; or
                                    ``(cc) otherwise; and
                                    ``(II) from any source, whether 
                                single or multiple; and
                            ``(ii) as assessed based on the combined 
                        past, present, and reasonably foreseeable 
                        emissions and discharges affecting the 
                        geographical area; and
                    ``(B) evaluated taking into account sensitive 
                populations and other factors that may heighten 
                vulnerability to environmental pollution and associated 
                health risks, including socioeconomic 
                characteristics.''.
            (2) Permit programs.--Section 502(b) of the Clean Air Act 
        (42 U.S.C. 7661a(b)) is amended--
                    (A) in paragraph (5)--
                            (i) in subparagraphs (A) and (C), by 
                        striking ``assure'' each place it appears and 
                        inserting ``ensure''; and
                            (ii) by striking subparagraph (F) and 
                        inserting the following:
                    ``(F) ensure that no permit will be issued or 
                renewed, as applicable, if--
                            ``(i) with respect to an application for a 
                        permit or renewal of a permit for a major 
                        source, the permitting authority determines 
                        under paragraph (9)(A)(i)(II)(bb) that the 
                        terms and conditions of the permit or renewal 
                        would not be sufficient to ensure a reasonable 
                        certainty of no harm to the health of the 
                        general population, or to any potentially 
                        exposed or susceptible subpopulation, of the 
                        applicable census block groups or Tribal census 
                        block groups (as those terms are defined by the 
                        Director of the Bureau of the Census); or
                            ``(ii) the Administrator objects to the 
                        issuance of the permit in a timely manner under 
                        this title.''; and
                    (B) by striking paragraph (9) and inserting the 
                following:
            ``(9) Major sources.--
                    ``(A) In general.--With respect to any permit or 
                renewal of a permit, as applicable, for a major source, 
                a requirement that the permitting authority shall--
                            ``(i) in determining whether to issue or 
                        renew the permit--
                                    ``(I) evaluate the potential 
                                cumulative impacts of the major source, 
                                as described in the applicable 
                                cumulative impacts analysis submitted 
                                under section 503(b)(3), taking into 
                                consideration other pollution sources 
                                and risk factors within a community;
                                    ``(II) if, due to those potential 
                                cumulative impacts, the permitting 
                                authority cannot determine that there 
                                exists a reasonable certainty of no 
                                harm to the health of the general 
                                population, or to any potentially 
                                exposed or susceptible subpopulation, 
                                of any census block groups or Tribal 
                                census block groups (as those terms are 
                                defined by the Director of the Bureau 
                                of the Census) located in, or 
                                immediately adjacent to, the area in 
                                which the major source is, or is 
                                proposed to be, located--
                                            ``(aa) include in the 
                                        permit or renewal such 
                                        standards and requirements 
                                        (including additional controls 
                                        or pollution prevention 
                                        requirements) as the permitting 
                                        authority determines to be 
                                        necessary to ensure a 
                                        reasonable certainty of no such 
                                        harm; or
                                            ``(bb) if the permitting 
                                        authority determines that 
                                        standards and requirements 
                                        described in item (aa) would 
                                        not be sufficient to ensure a 
                                        reasonable certainty of no such 
                                        harm, deny the issuance or 
                                        renewal of the permit;
                                    ``(III) determine whether the 
                                applicant is a persistent violator, 
                                based on such criteria relating to the 
                                history of compliance by an applicant 
                                with this Act as the Administrator 
                                shall establish by not later than 180 
                                days after the date of enactment of the 
                                A. Donald McEachin Environmental 
                                Justice For All Act;
                                    ``(IV) if the permitting authority 
                                determines under subclause (III) that 
                                the applicant is a persistent violator 
                                and the permitting authority does not 
                                deny the issuance or renewal of the 
                                permit pursuant to subclause (II)(bb)--
                                            ``(aa) require the 
                                        applicant to submit a plan that 
                                        describes--

                                                    ``(AA) if the 
                                                applicant is not in 
                                                compliance with this 
                                                Act, measures the 
                                                applicant will carry 
                                                out to achieve that 
                                                compliance, together 
                                                with an approximate 
                                                deadline for that 
                                                achievement;

                                                    ``(BB) measures the 
                                                applicant will carry 
                                                out, or has carried out 
                                                to ensure the applicant 
                                                will remain in 
                                                compliance with this 
                                                Act, and to mitigate 
                                                the environmental and 
                                                health effects of 
                                                noncompliance; and

                                                    ``(CC) the measures 
                                                the applicant has 
                                                carried out in 
                                                preparing the plan to 
                                                consult or negotiate 
                                                with the communities 
                                                affected by each 
                                                persistent violation 
                                                addressed in the plan; 
                                                and

                                            ``(bb) once such a plan is 
                                        submitted, determine whether 
                                        the plan is adequate to 
                                        ensuring that the applicant--

                                                    ``(AA) will achieve 
                                                compliance with this 
                                                Act expeditiously;

                                                    ``(BB) will remain 
                                                in compliance with this 
                                                Act;

                                                    ``(CC) will 
                                                mitigate the 
                                                environmental and 
                                                health effects of 
                                                noncompliance; and

                                                    ``(DD) has 
                                                solicited and responded 
                                                to community input 
                                                regarding the plan; and

                                    ``(V) deny the issuance or renewal 
                                of the permit if the permitting 
                                authority determines that--
                                            ``(aa) the plan submitted 
                                        under subclause (IV)(aa) is 
                                        inadequate; or
                                            ``(bb)(AA) the applicant 
                                        has submitted a plan on a prior 
                                        occasion, but continues to be a 
                                        persistent violator; and
                                            ``(BB) no indication exists 
                                        of extremely exigent 
                                        circumstances excusing the 
                                        persistent violations; and
                            ``(ii) in the case of such a permit with a 
                        term of 3 years or longer, require permit 
                        revisions in accordance with subparagraph (B).
                    ``(B) Revision requirements.--
                            ``(i) Deadline.--A revision described in 
                        subparagraph (A)(ii) shall occur as 
                        expeditiously as practicable and consistent 
                        with the procedures established under paragraph 
                        (6) but not later than 18 months after the 
                        promulgation of such standards and regulations.
                            ``(ii) Exception.--A revision under this 
                        paragraph shall not be required if the 
                        effective date of the standards or regulations 
                        is a date after the expiration of the permit 
                        term.
                            ``(iii) Treatment as renewal.--A permit 
                        revision under this paragraph shall be treated 
                        as a permit renewal if it complies with the 
                        requirements of this title regarding 
                        renewals.''.
            (3) Permit applications.--Section 503(b) of the Clean Air 
        Act (42 U.S.C. 7661b(b)) is amended by adding at the end the 
        following:
    ``(3) Major Source Analyses.--The regulations required by section 
502(b) shall include a requirement that an applicant for a permit or 
renewal of a permit for a major source shall submit, together with the 
compliance plan required under this subsection, a cumulative impacts 
analysis for each census block group or Tribal census block group (as 
those terms are defined by the Director of the Bureau of the Census) 
located in, or immediately adjacent to, the area in which the major 
source is, or is proposed to be, located that analyzes--
            ``(A) community demographics and locations of community 
        exposure points, such as schools, day care centers, nursing 
        homes, hospitals, health clinics, places of religious worship, 
        parks, playgrounds, and community centers;
            ``(B) air quality and the potential effect on that air 
        quality of emissions of air pollutants (including pollutants 
        listed under section 108 or 112) from the major source, 
        including in combination with existing sources of pollutants;
            ``(C) the potential effects on soil quality and water 
        quality of emissions of lead and other air pollutants that 
        could contaminate soil or water from the major source, 
        including in combination with existing sources of pollutants; 
        and
            ``(D) public health and any potential effects on public 
        health from the major source.''.

SEC. 8. WHITE HOUSE ENVIRONMENTAL JUSTICE INTERAGENCY COUNCIL.

    (a) In General.--The President shall maintain within the Executive 
Office of the President a White House Environmental Justice Interagency 
Council.
    (b) Purposes.--The purposes of the White House interagency council 
are--
            (1) to improve coordination and collaboration among Federal 
        agencies and to help advise and assist Federal agencies in 
        identifying and addressing, as appropriate, the 
        disproportionate human health and environmental effects of 
        Federal programs, policies, practices, and activities on 
        communities of color, low-income communities, and Tribal and 
        Indigenous communities;
            (2) to promote meaningful involvement and due process in 
        the development, implementation, and enforcement of 
        environmental laws;
            (3) to coordinate with, and provide direct guidance and 
        technical assistance to, environmental justice communities, 
        with a focus on capacity building and increasing community 
        understanding of the science, regulations, and policy related 
        to Federal agency actions on environmental justice issues;
            (4) to address environmental health, pollution, and public 
        health burdens in environmental justice communities, and build 
        healthy, sustainable, and resilient communities; and
            (5) to develop and update a strategy to address current and 
        historical environmental injustice, in consultation with the 
        National Environmental Justice Advisory Council and local 
        environmental justice leaders, that includes--
                    (A) clear performance metrics to ensure 
                accountability; and
                    (B) an annually published public performance 
                scorecard on the implementation of the White House 
                interagency council.
    (c) Composition.--The White House interagency council shall be 
composed of members as follows (or their designee):
            (1) The Secretary of Agriculture.
            (2) The Secretary of Commerce.
            (3) The Secretary of Defense.
            (4) The Secretary of Education.
            (5) The Secretary of Energy.
            (6) The Secretary of Health and Human Services.
            (7) The Secretary of Homeland Security.
            (8) The Secretary of Housing and Urban Development.
            (9) The Secretary of the Interior.
            (10) The Attorney General.
            (11) The Secretary of Labor.
            (12) The Secretary of Transportation.
            (13) The Administrator of the Environmental Protection 
        Agency.
            (14) The Director of the Office of Management and Budget.
            (15) The Director of the Office of Science and Technology 
        Policy.
            (16) The Deputy Assistant to the President for 
        Environmental Policy.
            (17) The Assistant to the President for Domestic Policy.
            (18) The Director of the National Economic Council.
            (19) The Chair of the Council on Environmental Quality.
            (20) The Chairperson of the Council of Economic Advisers.
            (21) The Director of the National Institutes of Health.
            (22) The Director of the Office of Environmental Justice.
            (23) The Chairperson of the Consumer Product Safety 
        Commission.
            (24) The Chairperson of the Chemical Safety Board.
            (25) The Director of the National Park Service.
            (26) The Assistant Secretary of the Bureau of Indian 
        Affairs.
            (27) The Chairperson of the National Environmental Justice 
        Advisory Council.
            (28) The head of any other agency that the President may 
        designate.
    (d) Governance.--The Chair of the Council on Environmental Quality 
shall serve as Chairperson of the White House interagency council.
    (e) Reporting to President.--The White House interagency council 
shall report to the President through the Chair of the Council on 
Environmental Quality.
    (f) Uniform Consideration Guidance.--
            (1) In general.--To ensure that there is a common level of 
        understanding of terminology used in dealing with environmental 
        justice issues, not later than 1 year after the date of 
        enactment of this Act, after coordinating with and conducting 
        outreach to environmental justice communities, State 
        governments, Indian Tribes, and local governments, the White 
        House interagency council shall develop and publish in the 
        Federal Register a guidance document to assist Federal agencies 
        in defining and applying the following terms:
                    (A) Health disparities.
                    (B) Environmental exposure disparities.
                    (C) Demographic characteristics, including age, 
                sex, and race or ethnicity.
                    (D) Social stressors, including poverty, housing 
                quality, access to health care, education, immigration 
                status, linguistic isolation, historical trauma, and 
                lack of community resources.
                    (E) Cumulative impacts or risks.
                    (F) Community vulnerability or susceptibility to 
                adverse human health and environmental effects 
                (including climate change).
                    (G) Barriers to meaningful involvement in the 
                development, implementation, and enforcement of 
                environmental laws.
                    (H) Community capacity to address environmental 
                concerns, including the capacity to obtain equitable 
                access to environmental amenities.
            (2) Public comment.--For a period of not less than 30 days, 
        the White House interagency council shall seek public comment 
        on the guidance document developed under paragraph (1).
            (3) Documentation.--Not later than 90 days after the date 
        of publication of the guidance document under paragraph (1), 
        the head of each Federal agency participating in the White 
        House interagency council shall document the ways in which the 
        Federal agency will incorporate guidance from the document into 
        the environmental justice strategy of the Federal agency 
        developed and finalized under section 9(b).
    (g) Development of Interagency Federal Environmental Justice 
Strategy.--
            (1) In general.--Not less frequently than once every 3 
        years, after notice and opportunity for public comment, the 
        White House interagency council shall update a coordinated 
        interagency Federal environmental justice strategy to address 
        current and historical environmental injustice.
            (2) Development of strategy.--In carrying out paragraph 
        (1), the White House interagency council shall--
                    (A) consider the most recent environmental justice 
                strategy of each Federal agency that participates in 
                the White House interagency council that is developed 
                and finalized under section 9(b);
                    (B) consult with the National Environmental Justice 
                Advisory Council and local environmental justice 
                leaders; and
                    (C) include in the interagency Federal 
                environmental justice strategy clear performance 
                metrics to ensure accountability.
            (3) Annual performance scorecard.--The White House 
        interagency council shall annually publish a public performance 
        scorecard on the implementation of the interagency Federal 
        environmental justice strategy.
    (h) Submission of Report to President.--
            (1) In general.--Not later than 180 days after updating the 
        interagency Federal environmental justice strategy under 
        subsection (g)(1), the White House interagency council shall 
        submit to the President a report that contains--
                    (A) a description of the implementation of the 
                interagency Federal environmental justice strategy; and
                    (B) a copy of the finalized environmental justice 
                strategy of each Federal agency that participates in 
                the White House interagency council that is developed 
                and finalized under section 9(b).
            (2) Public availability.--The head of each Federal agency 
        that participates in the White House interagency council shall 
        make the report described in paragraph (1) available to the 
        public (including by posting a copy of the report on the 
        website of each Federal agency).
    (i) Administration.--
            (1) Office of administration.--The Office of Administration 
        within the Executive Office of the President shall provide 
        funding and administrative support for the White House 
        interagency council, to the extent permitted by law and within 
        existing appropriations.
            (2) Other agencies.--To the extent permitted by law, 
        including section 1535 of title 31, United States Code 
        (commonly known as the ``Economy Act''), and subject to the 
        availability of appropriations, the Secretary of Labor, the 
        Secretary of Transportation, and the Administrator of the 
        Environmental Protection Agency shall provide administrative 
        support for the White House interagency council, as necessary.
    (j) Meetings and Staff.--
            (1) Chair.--The Chair of the Council on Environmental 
        Quality shall--
                    (A) convene regular meetings of the White House 
                interagency council;
                    (B) determine the agenda of the White House 
                interagency council in accordance with this section; 
                and
                    (C) direct the work of the White House interagency 
                council.
            (2) Executive director.--The Chair of the Council on 
        Environmental Quality shall designate an Executive Director of 
        the White House interagency council, who shall coordinate the 
        work of, and head any staff assigned to, the White House 
        interagency council.
    (k) Officers.--To facilitate the work of the White House 
interagency council, the head of each agency described in subsection 
(c) shall assign a designated official within the agency to be an 
Environmental Justice Officer, with the authority--
            (1) to represent the agency on the White House interagency 
        council; and
            (2) to perform such other duties relating to the 
        implementation of this section within the agency as the head of 
        the agency determines to be appropriate.
    (l) Establishment of Subgroups.--At the direction of the Chair of 
the Council on Environmental Quality, the White House interagency 
council may establish 1 or more subgroups consisting exclusively of 
White House interagency council members or their designees under this 
section, as appropriate.

SEC. 9. FEDERAL AGENCY ACTIONS AND RESPONSIBILITIES.

    (a) Conduct of Programs.--Each Federal agency that participates in 
the White House interagency council shall conduct each program, policy, 
practice, and activity of the Federal agency that adversely affects, or 
has the potential to adversely affect, human health or the environment 
in a manner that ensures that each such program, policy, practice, or 
activity does not have an effect of excluding any individual from 
participating in, denying any individual the benefits of, or subjecting 
any individual to discrimination or disparate impact under, such 
program, policy, practice, or activity of the Federal agency on the 
basis of the race, color, national origin, or income level of the 
individual.
    (b) Federal Agency Environmental Justice Strategies.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and after notice and opportunity for 
        public comment, each Federal agency that participates in the 
        White House interagency council shall develop and finalize an 
        agencywide environmental justice strategy that--
                    (A) identifies staff to support implementation of 
                the Federal agency's environmental justice strategy;
                    (B) identifies and addresses any disproportionately 
                high or adverse human health or environmental effects 
                of its programs, policies, practices, and activities 
                on--
                            (i) communities of color;
                            (ii) low-income communities; and
                            (iii) Tribal and Indigenous communities; 
                        and
                    (C) complies with each requirement described in 
                paragraph (2).
            (2) Contents.--Each environmental justice strategy 
        developed by a Federal agency under paragraph (1) shall 
        contain--
                    (A) an assessment that identifies each program, 
                policy, practice, and activity (including any public 
                participation process) of the Federal agency, relating 
                to human health or the environment that the Federal 
                agency determines should be revised--
                            (i) to ensure that all persons have the 
                        same degree of protection from environmental 
                        and health hazards;
                            (ii) to ensure meaningful public 
                        involvement and due process in the development, 
                        implementation, and enforcement of all Federal 
                        laws;
                            (iii) to improve direct guidance and 
                        technical assistance to environmental justice 
                        communities with respect to the understanding 
                        of the science, regulations, and policy related 
                        to Federal agency action on environmental 
                        justice issues;
                            (iv) to improve awareness of environmental 
                        justice issues relating to agency activities, 
                        including awareness among impacted parents and 
                        children in environmental justice communities;
                            (v) to improve cooperation with State 
                        governments, Indian Tribes, and local 
                        governments to address pollution and public 
                        health burdens in environmental justice 
                        communities, and build healthy, sustainable, 
                        and resilient communities;
                            (vi) to improve Federal research and data 
                        collection efforts related to--
                                    (I) the health and environment of 
                                communities of color, low-income 
                                communities, and Tribal and Indigenous 
                                communities;
                                    (II) climate change; and
                                    (III) the inequitable distribution 
                                of burdens and benefits of the 
                                management and use of natural 
                                resources, including water, minerals, 
                                and land; and
                            (vii) to reduce or eliminate 
                        disproportionately adverse human health or 
                        environmental effects on communities of color, 
                        low-income communities, and Tribal and 
                        Indigenous communities; and
                    (B) a timetable for the completion of--
                            (i) each revision identified under 
                        subparagraph (A); and
                            (ii) an assessment of the economic and 
                        social implications of each revision identified 
                        under subparagraph (A).
            (3) Reports.--
                    (A) Annual reports.--Not later than 2 years after 
                the finalization of an environmental justice strategy 
                under this subsection, and annually thereafter, a 
                Federal agency that participates in the White House 
                interagency council shall submit to the White House 
                interagency council a report describing the progress of 
                the Federal agency in implementing the environmental 
                justice strategy of the Federal agency.
                    (B) Periodic reports.--In addition to the annual 
                reports described in subparagraph (A), upon receipt of 
                a request from the White House interagency council, a 
                Federal agency shall submit to the White House 
                interagency council a report that contains such 
                information as the White House interagency council may 
                require.
            (4) Revision of agencywide environmental justice 
        strategy.--Not later than 5 years after the date of enactment 
        of this Act, each Federal agency that participates in the White 
        House interagency council shall--
                    (A) evaluate and revise the environmental justice 
                strategy of the Federal agency; and
                    (B) submit to the White House interagency council a 
                copy of the revised version of the environmental 
                justice strategy of the Federal agency.
            (5) Petition.--
                    (A) In general.--The head of a Federal agency may 
                submit to the President a petition for an exemption of 
                any requirement described in this section with respect 
                to any program or activity of the Federal agency if the 
                head of the Federal agency determines that complying 
                with such requirement would compromise the agency's 
                ability to carry out its core missions.
                    (B) Availability to public.--Each petition 
                submitted by a Federal agency to the President under 
                subparagraph (A) shall be made available to the public 
                (including through a description of the petition on the 
                website of the Federal agency).
                    (C) Consideration.--In determining whether to grant 
                a petition for an exemption submitted by a Federal 
                agency to the President under subparagraph (A), the 
                President shall make a decision that reflects both the 
                merits of the specific case and the broader national 
                interest in breaking cycles of environmental injustice, 
                and shall consider whether the granting of the petition 
                would likely--
                            (i) result in disproportionately adverse 
                        human health or environmental effects on 
                        communities of color, low-income communities, 
                        and Tribal and Indigenous communities; or
                            (ii) exacerbate, or fail to ameliorate, any 
                        disproportionately adverse human health or 
                        environmental effect on any community of color, 
                        low-income community, or Tribal and Indigenous 
                        community.
                    (D) Appeal.--
                            (i) In general.--Not later than 90 days 
                        after the date on which the President approves 
                        a petition under this paragraph, an individual 
                        may appeal the decision of the President to 
                        approve the petition.
                            (ii) Written appeal.--
                                    (I) In general.--To appeal a 
                                decision of the President under clause 
                                (i), an individual shall submit a 
                                written appeal to--
                                            (aa) the Council on 
                                        Environmental Quality;
                                            (bb) the Deputy Assistant 
                                        to the President for 
                                        Environmental Policy; or
                                            (cc) the Assistant to the 
                                        President for Domestic Policy.
                                    (II) Contents.--A written appeal 
                                shall contain a description of each 
                                reason why the exemption that is the 
                                subject of the petition is unnecessary.
                            (iii) Requirement of president.--Not later 
                        than 90 days after the date on which an agency 
                        or officer described in clause (ii)(I) receives 
                        a written appeal submitted by an individual 
                        under that clause, the President shall provide 
                        to the individual a written notification 
                        describing the decision of the President with 
                        respect to the appeal.
    (c) Human Health and Environmental Research, Data Collection, and 
Analysis.--
            (1) Research.--Each Federal agency, to the maximum extent 
        practicable and permitted by applicable law, shall--
                    (A) in conducting environmental, public access, or 
                human health research, include diverse segments of the 
                population in epidemiological and clinical studies, 
                including segments at high risk from environmental 
                hazards, such as communities of color, low-income 
                communities, and Tribal and Indigenous communities;
                    (B) in conducting environmental or human health 
                analyses, identify multiple and cumulative exposures, 
                including potentially exacerbated risks due to current 
                and future climate impacts; and
                    (C) actively encourage and solicit community-based 
                science, and provide to communities of color, low-
                income communities, and Tribal and Indigenous 
                communities the opportunity to comment on and 
                participate in the development and design of research 
                strategies carried out pursuant to this Act.
            (2) Disproportionate impact.--To the maximum extent 
        practicable and permitted by applicable law (including section 
        552a of title 5, United States Code (commonly known as the 
        ``Privacy Act'')), each Federal agency shall--
                    (A) collect, maintain, and analyze information 
                assessing and comparing environmental and human health 
                risks borne by populations identified by race, national 
                origin, income, or other readily available and 
                appropriate information; and
                    (B) use that information to determine whether the 
                programs, policies, and activities of the Federal 
                agency have disproportionally adverse human health or 
                environmental effects on communities of color, low-
                income communities, and Tribal and Indigenous 
                communities.
            (3) Information relating to non-federal facilities.--In 
        connection with the implementation of Federal agency 
        environmental justice strategies under subsection (b), each 
        Federal agency, to the maximum extent practicable and permitted 
        by applicable law, shall collect, maintain, and analyze 
        information relating to the race, national origin, and income 
        level, and other readily accessible and appropriate 
        information, for communities of color, low-income communities, 
        and Tribal and Indigenous communities in proximity to any 
        facility or site expected to have a substantial environmental, 
        human health, or economic effect on the surrounding 
        populations, if the facility or site becomes the subject of a 
        substantial Federal environmental administrative or judicial 
        action.
            (4) Impact from federal facilities.--Each Federal agency, 
        to the maximum extent practicable and permitted by applicable 
        law, shall collect, maintain, and analyze information relating 
        to the race, national origin, and income level, and other 
        readily accessible and appropriate information, for communities 
        of color, low-income communities, and Tribal and Indigenous 
        communities in proximity to any facility of the Federal agency 
        that is--
                    (A) subject to the reporting requirements under the 
                Emergency Planning and Community Right-to-Know Act of 
                1986 (42 U.S.C. 11001 et seq.), as required by 
                Executive Order 12898 (42 U.S.C. 4321 note; relating to 
                Federal actions to address environmental justice in 
                minority populations and low-income populations); and
                    (B) expected to have a substantial environmental, 
                human health, or economic effect on surrounding 
                populations.
    (d) Consumption of Fish and Wildlife.--
            (1) In general.--Each Federal agency shall develop, publish 
        (unless prohibited by law), and revise, as practicable and 
        appropriate, guidance on actions of the Federal agency that 
        will impact fish and wildlife consumed by populations that 
        principally rely on fish or wildlife for subsistence.
            (2) Requirement.--The guidance described in paragraph (1) 
        shall--
                    (A) reflect the latest scientific information 
                available concerning methods for evaluating the human 
                health risks associated with the consumption of 
                pollutant-bearing fish or wildlife; and
                    (B) publish the risks of such consumption patterns.
    (e) Mapping and Screening Tool.--The Administrator shall make 
available to the public an environmental justice mapping and screening 
tool (such as EJScreen or an equivalent tool) that includes, at a 
minimum, the following features:
            (1) Nationally consistent data.
            (2) Environmental data.
            (3) Demographic data, including data relating to race, 
        ethnicity, and income.
            (4) Capacity to produce maps and reports by geographical 
        area.
            (5) Data on national parks and other federally protected 
        natural, historic, and cultural sites.
    (f) Judicial Review and Rights of Action.--Any person may commence 
a civil action--
            (1) to seek relief from, or to compel, an agency action 
        under this section (including regulations promulgated pursuant 
        to this section); or
            (2) otherwise to ensure compliance with this section 
        (including regulations promulgated pursuant to this section).
    (g) Information Sharing.--In carrying out this section, each 
Federal agency, to the maximum extent practicable and permitted by 
applicable law, shall share information and eliminate unnecessary 
duplication of efforts through the use of existing data systems and 
cooperative agreements among Federal agencies and with State 
governments, local governments, and Indian Tribes.
    (h) Codification of Guidance.--
            (1) Council on environmental quality.--Sections II and III 
        of the guidance issued by the Council on Environmental Quality 
        entitled ``Environmental Justice Guidance Under the National 
        Environmental Policy Act'' and dated December 10, 1997, are 
        enacted into law.
            (2) Environmental protection agency.--The guidance issued 
        by the Environmental Protection Agency entitled ``EPA Policy on 
        Consultation and Coordination with Indian Tribes: Guidance for 
        Discussing Tribal Treaty Rights'' and dated February 2016 is 
        enacted into law.

SEC. 10. OMBUDS.

    (a) Establishment.--The Administrator shall establish within the 
Environmental Protection Agency a position of Environmental Justice 
Ombuds.
    (b) Reporting.--The Environmental Justice Ombuds--
            (1) shall report directly to the Administrator; and
            (2) shall not be required to report to the Office of 
        Environmental Justice of the Environmental Protection Agency.
    (c) Functions.--The Environmental Justice Ombuds shall--
            (1) in coordination with the Inspector General of the 
        Environmental Protection Agency, establish an independent, 
        neutral, accessible, confidential, and standardized process--
                    (A) to receive, review, and process complaints and 
                allegations with respect to environmental justice 
                programs and activities of the Environmental Protection 
                Agency; and
                    (B) to assist individuals in resolving complaints 
                and allegations described in subparagraph (A), 
                including training on restorative justice and conflict 
                resolution;
            (2) identify and thereafter review, examine, and make 
        recommendations to the Administrator to address recurring and 
        chronic complaints regarding specific environmental justice 
        programs and activities of the Environmental Protection Agency 
        identified by the Ombuds pursuant to paragraph (1);
            (3) review the Environmental Protection Agency's compliance 
        with policies and standards of the Environmental Protection 
        Agency with respect to its environmental justice programs and 
        activities; and
            (4) produce an annual report that details the findings of 
        the regional staff, feedback received from environmental 
        justice communities, and recommendations to increase 
        cooperation between the Environmental Protection Agency and 
        environmental justice communities.
    (d) Availability of Report.--The Administrator shall make each 
report produced pursuant to subsection (c) available to the public 
(including by posting a copy of the report on the website of the 
Environmental Protection Agency).
    (e) Regional Staff.--
            (1) Authority of environmental justice ombuds.--The 
        Administrator shall allow the Environmental Justice Ombuds to 
        hire such staff as the Environmental Justice Ombuds determines 
        to be necessary to carry out at each regional office of the 
        Environmental Protection Agency the functions of the 
        Environmental Justice Ombuds described in subsection (c).
            (2) Purposes.--Staff hired pursuant to paragraph (1) 
        shall--
                    (A) foster cooperation between the Environmental 
                Protection Agency and environmental justice 
                communities;
                    (B) consult with environmental justice communities 
                on the development of policies and programs of the 
                Environmental Protection Agency;
                    (C) receive feedback from environmental justice 
                communities on the performance of the Environmental 
                Protection Agency; and
                    (D) compile and submit to the Environmental Justice 
                Ombuds such information as may be necessary for the 
                Ombuds to produce the annual report described in 
                subsection (c).
            (3) Full-time position.--Each individual hired by the 
        Environmental Justice Ombuds under paragraph (1) shall be hired 
        as a full-time employee of the Environmental Protection Agency.

SEC. 11. ACCESS TO PARKS, OUTDOOR SPACES, AND PUBLIC RECREATION 
              OPPORTUNITIES.

    (a) Definitions.--In this section:
            (1) Eligible entity.--
                    (A) In general.--The term ``eligible entity'' means 
                an entity described in subparagraph (B) that represents 
                or otherwise serves a qualifying urban area.
                    (B) Entity described.--An entity referred to in 
                subparagraph (A) is--
                            (i) a State;
                            (ii) a political subdivision of a State, 
                        including--
                                    (I) a city;
                                    (II) a county; and
                                    (III) a special purpose district 
                                that manages open space, including a 
                                park district;
                            (iii) an Indian Tribe;
                            (iv) an urban Indian organization;
                            (v) an Alaska Native community;
                            (vi) an Alaska Native organization;
                            (vii) a Native Hawaiian community; or
                            (viii) a Native Hawaiian organization.
            (2) Eligible nonprofit organization.--The term ``eligible 
        nonprofit organization'' means an organization described in 
        section 501(c)(3) of the Internal Revenue Code of 1986 and 
        exempt from taxation under section 501(a) of that Code.
            (3) Outdoor recreation legacy partnership program.--The 
        term ``Outdoor Recreation Legacy Partnership Program'' means 
        the program established under subsection (b)(1).
            (4) Qualifying urban area.--The term ``qualifying urban 
        area'' means--
                    (A) an urbanized area or urban cluster that has a 
                population of 25,000 or more in the most recent census;
                    (B) 2 or more adjacent urban clusters with a 
                combined population of 25,000 or more in the most 
                recent census; and
                    (C) an area administered by an entity described in 
                any of clauses (iii), (v), (vi), (vii), or (viii) of 
                paragraph (1)(B).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means each of the several 
        States, the District of Columbia, and each territory of the 
        United States.
    (b) Grants Authorized.--
            (1) Establishment of program.--The Secretary shall 
        establish an outdoor recreation legacy partnership program 
        under which the Secretary may award grants to eligible entities 
        for projects--
                    (A) to acquire land and water for parks and other 
                outdoor recreation purposes in qualifying urban areas; 
                and
                    (B) to develop new or renovate existing outdoor 
                recreation facilities that provide outdoor recreation 
                opportunities to the public in qualifying urban areas.
            (2) Considerations and priority.--
                    (A) Considerations.--In awarding grants to eligible 
                entities under paragraph (1), the Secretary shall 
                consider the extent to which a project would--
                            (i) provide recreation opportunities in 
                        underserved communities in which access to 
                        parks is not adequate to meet local needs;
                            (ii) provide opportunities for outdoor 
                        recreation and public land volunteerism;
                            (iii) support innovative or cost-effective 
                        ways to enhance--
                                    (I) parks; and
                                    (II)(aa) other recreation 
                                opportunities; or
                                    (bb) the delivery of services 
                                relating to outdoor recreation;
                            (iv) support park and recreation 
                        programming provided by cities, including 
                        cooperative agreements with community-based 
                        eligible nonprofit organizations;
                            (v) develop Native American event sites and 
                        cultural gathering spaces;
                            (vi) expand access to parks and 
                        recreational opportunities for individuals of 
                        all abilities; and
                            (vii) provide benefits such as community 
                        resilience, reduction of urban heat islands, 
                        enhanced water or air quality, or habitat for 
                        fish or wildlife.
                    (B) Priority.--In awarding grants to eligible 
                entities under paragraph (1), the Secretary shall give 
                priority to projects that--
                            (i) create or significantly enhance access 
                        to park and recreational opportunities in an 
                        urban neighborhood or community;
                            (ii) engage and empower underserved 
                        communities and youth;
                            (iii) provide employment or job training 
                        opportunities for youth or underserved 
                        communities;
                            (iv) establish or expand public-private 
                        partnerships, with a focus on leveraging 
                        resources; and
                            (v) take advantage of coordination among 
                        various levels of government.
            (3) Matching requirement.--
                    (A) In general.--Subject to subparagraph (B), as a 
                condition of receiving a grant under paragraph (1), an 
                eligible entity shall provide matching funds in the 
                form of cash or an in-kind contribution in an amount 
                equal to not less than 100 percent of the amounts made 
                available under the grant.
                    (B) Waiver.--The Secretary may waive all or part of 
                the matching requirement under subparagraph (A) if the 
                Secretary determines that--
                            (i) no reasonable means are available 
                        through which the eligible entity can meet the 
                        matching requirement; and
                            (ii) the probable benefit of the project 
                        outweighs the public interest in the matching 
                        requirement.
                    (C) Administrative expenses.--Not more than 10 
                percent of funds provided to an eligible entity under a 
                grant awarded under paragraph (1) may be used for 
                administrative expenses.
            (4) Eligible uses.--
                    (A) In general.--Subject to subparagraph (B), a 
                grant recipient may use a grant awarded under paragraph 
                (1) for a project described in subparagraph (A) or (B) 
                of that paragraph.
                    (B) Limitations on use.--A grant recipient may not 
                use grant funds for--
                            (i) incidental costs related to land 
                        acquisition, including appraisal and titling;
                            (ii) operation and maintenance activities;
                            (iii) facilities that support 
                        semiprofessional or professional athletics;
                            (iv) indoor facilities, such as recreation 
                        centers or facilities that support primarily 
                        non-outdoor purposes; or
                            (v) acquisition of land or interests in 
                        land that restrict access to specific persons.
    (c) Review and Evaluation Requirements.--In carrying out the 
Outdoor Recreation Legacy Partnership Program, the Secretary shall--
            (1) conduct an initial screening and technical review of 
        applications received;
            (2) evaluate and score all qualifying applications; and
            (3) provide culturally and linguistically appropriate 
        information to eligible entities (including eligible entities 
        that are low-income communities or that serve low-income 
        communities) on--
                    (A) the opportunity to apply for grants under the 
                Outdoor Recreation Legacy Partnership Program;
                    (B) the application procedures by which eligible 
                entities may apply for grants under the Outdoor 
                Recreation Legacy Partnership Program; and
                    (C) eligible uses for grants under the Outdoor 
                Recreation Legacy Partnership Program.
    (d) Reporting.--
            (1) Annual reports.--
                    (A) In general.--Each eligible entity that receives 
                a grant under the Outdoor Recreation Legacy Partnership 
                Program shall annually submit to the Secretary 
                performance and financial reports that--
                            (i) summarize project activities conducted 
                        during the year covered by the report; and
                            (ii) provide the status of the project.
                    (B) Timing.--Each report under subparagraph (A) 
                shall be submitted not later than 30 days after the 
                last day of the applicable year covered by the report.
            (2) Final reports.--Not later than 90 days after the 
        earlier of the date of expiration of a project period or the 
        completion of a project, each eligible entity that receives a 
        grant under the Outdoor Recreation Legacy Partnership Program 
        shall submit to the Secretary a final report containing such 
        information as the Secretary may require.

SEC. 12. TRANSIT TO TRAILS GRANT PROGRAM.

    (a) Definitions.--In this section:
            (1) Critically underserved community.--The term 
        ``critically underserved community'' means--
                    (A) a community that can demonstrate to the 
                Secretary that the community has inadequate, 
                insufficient, or no park space or recreation 
                facilities, including by demonstrating--
                            (i) quality concerns relating to the 
                        available park space or recreation facilities;
                            (ii) the presence of recreational 
                        facilities that do not serve the needs of the 
                        community; or
                            (iii) the inequitable distribution of park 
                        space for high-need populations, based on 
                        income, age, or other measures of vulnerability 
                        and need;
                    (B) a community in which at least 50 percent of the 
                population is not located within \1/2\ mile of park 
                space;
                    (C) a community that is designated as a qualified 
                opportunity zone under section 1400Z-1 of the Internal 
                Revenue Code of 1986; or
                    (D) any other community that the Secretary 
                determines to be appropriate.
            (2) Eligible entity.--The term ``eligible entity'' means--
                    (A) a State;
                    (B) a political subdivision of a State (including a 
                city or a county) that represents or otherwise serves 
                an urban area or a rural area;
                    (C) a special purpose district (including a park 
                district);
                    (D) an Indian Tribe that represents or otherwise 
                serves an urban area or a rural area; or
                    (E) a metropolitan planning organization (as 
                defined in section 134(b) of title 23, United States 
                Code).
            (3) Program.--The term ``program'' means the Transit to 
        Trails Grant Program established under subsection (b)(1).
            (4) Rural area.--The term ``rural area'' means a community 
        that is not an urban area.
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of Transportation.
            (6) Transportation connector.--
                    (A) In general.--The term ``transportation 
                connector'' means a system that--
                            (i) connects 2 ZIP Codes or communities 
                        within a 175-mile radius of a designated 
                        service area; and
                            (ii) offers rides available to the public.
                    (B) Inclusions.--The term ``transportation 
                connector'' includes microtransits, bus lines, bus 
                rails, light rail, rapid transits, or personal rapid 
                transits.
            (7) Urban area.--The term ``urban area'' means a community 
        that--
                    (A) is densely developed;
                    (B) has residential, commercial, and other 
                nonresidential areas; and
                    (C)(i) is an urbanized area with a population of 
                50,000 or more; or
                    (ii) is an urban cluster with a population of--
                            (I) not less than 2,500; and
                            (II) not more than 50,000.
    (b) Grant Program.--
            (1) Establishment.--The Secretary shall establish a grant 
        program, to be known as the ``Transit to Trails Grant 
        Program'', under which the Secretary shall award grants to 
        eligible entities for--
                    (A) projects that develop transportation connectors 
                or routes in or serving, and related education 
                materials for, critically underserved communities to 
                increase access and mobility to Federal or non-Federal 
                public land, waters, parkland, or monuments; or
                    (B) projects that facilitate transportation 
                improvements to enhance access to Federal or non-
                Federal public land and recreational opportunities in 
                critically underserved communities.
            (2) Administration.--
                    (A) In general.--The Secretary shall administer the 
                program to assist eligible entities in the development 
                of transportation connectors or routes in or serving, 
                and related education materials for, critically 
                underserved communities and Federal or non-Federal 
                public land, waters, parkland, and monuments.
                    (B) Joint partnerships.--The Secretary shall 
                encourage joint partnership projects under the program, 
                if available, among multiple agencies, including school 
                districts, nonprofit organizations, metropolitan 
                planning organizations, regional transportation 
                authorities, transit agencies, and State and local 
                governmental agencies (including park and recreation 
                agencies and authorities) to enhance investment of 
                public sources.
                    (C) Annual grant project proposal solicitation, 
                review, and approval.--
                            (i) In general.--The Secretary shall--
                                    (I) annually solicit the submission 
                                of project proposals for grants from 
                                eligible entities under the program; 
                                and
                                    (II) review each project proposal 
                                submitted under subclause (I) on a 
                                timeline established by the Secretary.
                            (ii) Required elements for project 
                        proposal.--A project proposal submitted under 
                        clause (i)(I) shall include--
                                    (I) a statement of the purposes of 
                                the project;
                                    (II) the name of the entity or 
                                individual with overall responsibility 
                                for the project;
                                    (III) a description of the 
                                qualifications of the entity or 
                                individuals identified under subclause 
                                (II);
                                    (IV) a description of--
                                            (aa) staffing and 
                                        stakeholder engagement for the 
                                        project;
                                            (bb) the logistics of the 
                                        project; and
                                            (cc) anticipated outcomes 
                                        of the project;
                                    (V) a proposed budget for the funds 
                                and time required to complete the 
                                project;
                                    (VI) information regarding the 
                                source and amount of matching funding 
                                available for the project;
                                    (VII) information that demonstrates 
                                the clear potential of the project to 
                                contribute to increased access to 
                                parkland for critically underserved 
                                communities; and
                                    (VIII) any other information that 
                                the Secretary considers to be necessary 
                                for evaluating the eligibility of the 
                                project for funding under the program.
                            (iii) Consultation; approval or 
                        disapproval.--The Secretary shall, with respect 
                        to each project proposal submitted under this 
                        subparagraph, as appropriate--
                                    (I) consult with the government of 
                                each State in which the proposed 
                                project is to be conducted;
                                    (II) after taking into 
                                consideration any comments resulting 
                                from the consultation under subclause 
                                (I), approve or disapprove the 
                                proposal; and
                                    (III) provide written notification 
                                of the approval or disapproval to--
                                            (aa) the individual or 
                                        entity that submitted the 
                                        proposal; and
                                            (bb) each State consulted 
                                        under subclause (I).
                    (D) Priority.--To the extent practicable, in 
                determining whether to approve project proposals under 
                the program, the Secretary shall prioritize projects 
                that are designed to increase access and mobility to 
                local or neighborhood Federal or non-Federal public 
                land, waters, parkland, monuments, or recreational 
                opportunities.
            (3) Transportation planning procedures.--
                    (A) Procedures.--In consultation with the head of 
                each appropriate Federal land management agency, the 
                Secretary shall develop, by rule, transportation 
                planning procedures for projects conducted under the 
                program that are consistent with metropolitan and 
                statewide planning processes.
                    (B) Requirements.--All projects carried out under 
                the program shall be developed in cooperation with 
                States and metropolitan planning organizations.
            (4) Non-federal contributions.--
                    (A) In general.--As a condition of receiving a 
                grant under the program, an eligible entity shall 
                provide funds in the form of cash or an in-kind 
                contribution in an amount equal to not less than 100 
                percent of the amount of the grant.
                    (B) Sources.--The non-Federal contribution required 
                under subparagraph (A) may include amounts made 
                available from State, local, nongovernmental, or 
                private sources.
            (5) Eligible uses.--Grant funds provided under the program 
        may be used--
                    (A) to develop transportation connectors or routes 
                in or serving, and related education materials for, 
                critically underserved communities to increase access 
                and mobility to Federal and non-Federal public land, 
                waters, parkland, and monuments; and
                    (B) to create or significantly enhance access to 
                Federal or non-Federal public land and recreational 
                opportunities in an urban area or a rural area.
            (6) Grant amount.--A grant provided under the program shall 
        be--
                    (A) not less than $25,000; and
                    (B) not more than $500,000.
            (7) Technical assistance.--It is the intent of Congress 
        that grants provided under the program deliver project funds to 
        areas of greatest need while offering technical assistance to 
        all applicants and potential applicants for grant preparation 
        to encourage full participation in the program.
            (8) Public information.--The Secretary shall ensure that 
        current schedules and routes for transportation systems 
        developed after the receipt of a grant under the program are 
        available to the public, including on a website maintained by 
        the recipient of a grant.
    (c) Reporting Requirement.--
            (1) Reports by grant recipients.--The Secretary shall 
        require a recipient of a grant under the program to submit to 
        the Secretary at least 1 performance and financial report 
        that--
                    (A) includes--
                            (i) demographic data on communities served 
                        by the project; and
                            (ii) a summary of project activities 
                        conducted after receiving the grant; and
                    (B) describes the status of each project funded by 
                the grant as of the date of the report.
            (2) Additional reports.--In addition to the report required 
        under paragraph (1), the Secretary may require additional 
        reports from a recipient, as the Secretary determines to be 
        appropriate, including a final report.
            (3) Deadlines.--The Secretary shall establish deadlines for 
        the submission of each report required under paragraph (1) or 
        (2).
    (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each fiscal 
year.

SEC. 13. REPEAL OF SUNSET FOR THE EVERY KID OUTDOORS PROGRAM.

    Section 9001(b) of the John D. Dingell, Jr. Conservation, 
Management, and Recreation Act (16 U.S.C. 6804 note; Public Law 116-9) 
is amended by striking paragraph (5).

SEC. 14. PROTECTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES AGAINST 
              HARMFUL FEDERAL ACTIONS.

    (a) Purpose.--The purpose of this section is to establish 
additional protections relating to Federal actions affecting 
environmental justice communities in recognition of the 
disproportionate burden of adverse human health or environmental 
effects faced by such communities.
    (b) Definitions.--In this section:
            (1) Environmental impact statement.--The term 
        ``environmental impact statement'' means the detailed statement 
        of environmental impacts of a proposed action required to be 
        prepared pursuant to the National Environmental Policy Act of 
        1969 (42 U.S.C. 4321 et seq.).
            (2) Federal action.--The term ``Federal action'' means a 
        proposed action that requires the preparation of an 
        environmental impact statement, environmental assessment, 
        categorical exclusion, or other document under the National 
        Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
    (c) Preparation of a Community Impact Report.--A Federal agency 
proposing to take a Federal action that has the potential to cause 
negative environmental or public health impacts on an environmental 
justice community shall prepare a community impact report assessing the 
potential impacts of the proposed action.
    (d) Contents.--A community impact report described in subsection 
(c) shall--
            (1) assess the degree to which a proposed Federal action 
        affecting an environmental justice community will cause 
        multiple or cumulative exposure to human health and 
        environmental hazards that influence, exacerbate, or contribute 
        to adverse health outcomes;
            (2) assess relevant public health data and industry data 
        concerning the potential for multiple or cumulative exposure to 
        human health or environmental hazards in the area of the 
        environmental justice community and historical patterns of 
        exposure to environmental hazards and Federal agencies shall 
        assess these multiple, or cumulative effects, even if certain 
        effects are not within the control or subject to the discretion 
        of the Federal agency proposing the Federal action;
            (3) assess the impact of such proposed Federal action on 
        such environmental justice community's ability to access public 
        parks, outdoor spaces, and public recreation opportunities;
            (4) evaluate alternatives to or mitigation measures for the 
        proposed Federal action that will--
                    (A) eliminate or reduce any identified exposure to 
                human health and environmental hazards described in 
                paragraph (1) to a level that is reasonably expected to 
                avoid human health impacts in environmental justice 
                communities; and
                    (B) not negatively impact an environmental justice 
                community's ability to access public parks, outdoor 
                spaces, and public recreation opportunities;
            (5) analyze any alternative developed by members of an 
        affected environmental justice community that meets the purpose 
        and need of the proposed action;
            (6) assess the impact on access to reliable energy sources 
        and on electricity prices for low-income communities, minority 
        communities, Native Americans, and senior citizens;
            (7) assess the impact of the Federal action on drought, 
        domestic food availability, and domestic food prices; and
            (8) assess the impact on timely meeting net-zero goals as 
        outlined in Executive Order 14057 (86 Fed. Reg. 70935; relating 
        to catalyzing clean energy industries and jobs through Federal 
        sustainability).
    (e) Delegation.--Federal agencies shall not delegate responsibility 
for the preparation of a community impact report described in 
subsection (c) to any other entity.
    (f) National Environmental Policy Act Requirements for 
Environmental Justice Communities.--When carrying out the requirements 
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et 
seq.) for a proposed Federal action that may affect an environmental 
justice community, a Federal agency shall--
            (1) consider all potential direct, indirect, and cumulative 
        impacts caused by the action, alternatives to such action, and 
        mitigation measures on the environmental justice community 
        required by that Act;
            (2) require any public comment period carried out during 
        the scoping phase of the environmental review process to be not 
        less than 90 days;
            (3) provide early and meaningful community involvement 
        opportunities by--
                    (A) holding multiple hearings in such community 
                regarding the proposed Federal action in each prominent 
                language within the environmental justice community; 
                and
                    (B) providing notice of any step or action in the 
                process under that Act that involves public 
                participation to any representative entities or 
                organizations present in the environmental justice 
                community, including--
                            (i) local religious organizations;
                            (ii) civic associations and organizations;
                            (iii) business associations of people of 
                        color;
                            (iv) environmental and environmental 
                        justice organizations, including community-
                        based grassroots organizations led by people of 
                        color;
                            (v) homeowners', tenants', and neighborhood 
                        watch groups;
                            (vi) local governments and Indian Tribes;
                            (vii) rural cooperatives;
                            (viii) business and trade organizations;
                            (ix) community and social service 
                        organizations;
                            (x) universities, colleges, and vocational 
                        schools;
                            (xi) labor and other worker organizations;
                            (xii) civil rights organizations;
                            (xiii) senior citizens' groups; and
                            (xiv) public health agencies and clinics; 
                        and
            (4) provide translations of publicly available documents 
        made available pursuant to that Act in any language spoken by 
        more than 5 percent of the population residing within the 
        environmental justice community.
    (g) Communication Methods and Requirements.--Any notice provided 
under subsection (f)(3)(B) shall be provided--
            (1) through communication methods that are accessible in 
        the environmental justice community, which may include 
        electronic media, newspapers, radio, direct mailings, 
        canvassing, and other outreach methods particularly targeted at 
        communities of color, low-income communities, and Tribal and 
        Indigenous communities; and
            (2) at least 30 days before any hearing in such community 
        or the start of any public comment period.
    (h) Requirements for Actions Requiring an Environmental Impact 
Statement.--For any proposed Federal action affecting an environmental 
justice community requiring the preparation of an environmental impact 
statement, the Federal agency shall provide the following information 
when giving notice of the proposed action:
            (1) A description of the proposed action.
            (2) An outline of the anticipated schedule for completing 
        the process under the National Environmental Policy Act of 1969 
        (42 U.S.C. 4321 et seq.), with a description of key milestones.
            (3) An initial list of alternatives and potential impacts.
            (4) An initial list of other existing or proposed sources 
        of multiple or cumulative exposure to environmental hazards 
        that contribute to higher rates of serious illnesses within the 
        environmental justice community.
            (5) An agency point of contact.
            (6) Timely notice of locations where comments will be 
        received or public meetings held.
            (7) Any telephone number or locations where further 
        information can be obtained.
    (i) National Environmental Policy Act Requirements for Indian 
Tribes.--When carrying out the requirements of the National 
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a 
proposed Federal action that may affect an Indian Tribe, a Federal 
agency shall--
            (1) seek Tribal representation in the process in a manner 
        that is consistent with the government-to-government 
        relationship between the United States and Indian Tribes, the 
        Federal Government's trust responsibility to federally 
        recognized Indian Tribes, and any treaty rights;
            (2) ensure that an Indian Tribe is invited to hold the 
        status of a cooperating agency throughout the process under 
        that Act for any proposed action that could impact an Indian 
        Tribe, including actions that could impact off reservation 
        lands and sacred sites; and
            (3) invite an Indian Tribe to hold the status of a 
        cooperating agency in accordance with paragraph (2) not later 
        than the date on which the scoping process for a proposed 
        action requiring the preparation of an environmental impact 
        statement commences.
    (j) Agency Determinations.--Federal agency determinations about the 
analysis of a community impact report described in subsection (c) shall 
be subject to judicial review to the same extent as any other analysis 
performed under the National Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.).
    (k) Effective Date.--This section shall take effect 1 year after 
the date of enactment of this Act.
    (l) Savings Clause.--Nothing in this section diminishes--
            (1) any right granted through the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the public; or
            (2) the requirements under that Act to consider direct, 
        indirect, and cumulative impacts.

SEC. 15. STRENGTHENING COMMUNITY PROTECTIONS UNDER THE NATIONAL 
              ENVIRONMENTAL POLICY ACT OF 1969.

    (a) Definitions.--The National Environmental Policy Act of 1969 is 
amended by inserting after section 2 (42 U.S.C. 4321) the following:

``SEC. 3. DEFINITIONS.

    ``In this Act:
            ``(1) Effect; impact.--The terms `effect' and `impact' mean 
        changes to the human environment from a proposed action or 
        alternatives that are reasonably foreseeable, including the 
        following:
                    ``(A) Direct effects, which are caused by the 
                action and occur at the same time and place.
                    ``(B) Indirect effects, which are caused by the 
                action and occur later in time or farther removed in 
                distance, but are still reasonably foreseeable, and 
                include growth-inducing effects and other effects 
                related to induced changes in the pattern of land use, 
                population density, or growth rate, and related effects 
                on air and water and other natural systems, including 
                ecosystems.
                    ``(C) Cumulative effects, which are effects on the 
                environment that result from the incremental effects of 
                the action when added to the effects of other past, 
                present, and reasonably foreseeable actions regardless 
                of what agency or person undertakes those other 
                actions, and can result from individually minor but 
                collectively significant actions taking place over a 
                period of time.
                    ``(D) Effects that are ecological (such as the 
                effects on natural resources and on the components, 
                structures, and functioning of affected ecosystems), 
                aesthetic, historical, cultural, economic, social, or 
                health effects, whether direct, indirect, or 
                cumulative, including effects resulting from actions 
                that may have both beneficial and detrimental effects, 
                even if on balance the agency believes that the effects 
                will be beneficial.
            ``(2) Limited english proficiency.--The term `limited 
        English proficiency', with respect to a household, means that 
        the household does not have an adult that speaks English very 
        well according to the United States Census Bureau.
            ``(3) Low-income household.--The term `low-income 
        household' means a household that is at or below twice the 
        poverty threshold, as that threshold is determined annually by 
        the United States Census Bureau.
            ``(4) Overburdened community.--The term `overburdened 
        community' means any census block group, as determined in 
        accordance with the most recent United States Census, in 
        which--
                    ``(A) at least 35 percent of the households qualify 
                as low-income households;
                    ``(B) at least 40 percent of the residents identify 
                as minority or as members of a Tribal and Indigenous 
                community; or
                    ``(C) at least 40 percent of the households have 
                limited English proficiency.
            ``(5) Tribal and indigenous community.--The term `Tribal 
        and Indigenous community' means a population of people who are 
        members of--
                    ``(A) a federally recognized Indian Tribe;
                    ``(B) a State-recognized Indian Tribe;
                    ``(C) an Alaska Native or Native Hawaiian community 
                or organization; or
                    ``(D) any other community of Indigenous people 
                located in a State.''.
    (b) Declaration of National Environmental Policy.--Section 101(a) 
of the National Environmental Policy Act of 1969 (42 U.S.C. 4331(a)) is 
amended--
            (1) by striking ``man's'' and inserting ``human''; and
            (2) by striking ``man'' each place it appears and inserting 
        ``humankind''.
    (c) Environmental Analyses Requirements.--Section 102 of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``The Congress authorizes and directs that, to the fullest 
        extent possible:'' and inserting ``Congress authorizes and 
        directs that, notwithstanding any other provision of law and to 
        the fullest extent possible:'';
            (2) in paragraph (2)--
                    (A) in subparagraph (A)--
                            (i) by striking ``insure'' and inserting 
                        ``ensure''; and
                            (ii) by striking ``man's'' and inserting 
                        ``the human'';
                    (B) in subparagraph (B), by striking ``insure'' and 
                inserting ``ensure''; and
                    (C) in subparagraph (C)--
                            (i) by striking clause (iii) and inserting 
                        the following:
                    ``(iii) a reasonable range of alternatives that--
                            ``(I) are technically feasible,
                            ``(II) are economically feasible, and
                            ``(III) where applicable, do not cause or 
                        contribute to adverse cumulative effects, 
                        including effects caused by exposure to 
                        environmental pollution, on an overburdened 
                        community that are higher than those borne by 
                        other communities within the State, county, or 
                        other geographic unit of analysis as determined 
                        by the agency preparing or having taken primary 
                        responsibility for preparing the environmental 
                        document pursuant to this Act, except where the 
                        agency determines that an alternative will 
                        serve a compelling public interest in the 
                        affected overburdened community with conditions 
                        to protect public health,''; and
                            (ii) in clause (iv), by striking ``man's'' 
                        and inserting ``the human'';
            (3) in subparagraph (E), by inserting ``that are consistent 
        with subparagraph (C)(3)'' after ``describe appropriate 
        alternatives''; and
            (4) in subparagraph (F), by striking ``mankind's'' and 
        inserting ``humankind's''.

SEC. 16. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES.

    (a) Initial Training.--Not later than 1 year after the date of 
enactment of this Act, each employee of the Department of Energy, the 
Environmental Protection Agency, the Department of the Interior, and 
the National Oceanic and Atmospheric Administration shall complete an 
environmental justice training program to ensure that each such 
employee--
            (1) has received training in environmental justice; and
            (2) is capable of--
                    (A) appropriately incorporating environmental 
                justice concepts into the daily activities of the 
                employee; and
                    (B) increasing the meaningful participation of 
                individuals from environmental justice communities in 
                the activities of the applicable agency.
    (b) Mandatory Participation.--Effective on the date that is 1 year 
after the date of enactment of this Act, each individual hired by the 
Department of Energy, the Environmental Protection Agency, the 
Department of the Interior, and the National Oceanic and Atmospheric 
Administration after that date shall be required to participate in 
environmental justice training.
    (c) Requirement Relating to Certain Employees.--
            (1) In general.--With respect to each Federal agency that 
        participates in the Working Group, not later than 30 days after 
        the date on which an individual is appointed to the position of 
        environmental justice coordinator, Environmental Justice 
        Ombuds, or any other position the responsibility of which 
        involves the conducting of environmental justice activities, 
        the individual shall be required to possess documentation of 
        the completion by the individual of environmental justice 
        training.
            (2) Effect.--If an individual described in paragraph (1) 
        fails to meet the requirement described in that paragraph, the 
        Federal agency at which the individual is employed shall 
        transfer the individual to a different position until the date 
        on which the individual completes environmental justice 
        training.
            (3) Evaluation.--Not later than 3 years after the date of 
        enactment of this Act, the Inspector General of each Federal 
        agency that participates in the Working Group shall evaluate 
        the training programs of such Federal agency to determine if 
        such Federal agency has improved the rate of training of the 
        employees of such Federal agency to ensure that each employee 
        has received environmental justice training.

SEC. 17. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.

    (a) Environmental Justice Community Grant Program.--
            (1) Establishment.--The Administrator shall establish a 
        program under which the Administrator shall provide grants to 
        eligible entities to assist the eligible entities in--
                    (A) building capacity to address issues relating to 
                environmental justice; and
                    (B) carrying out any activity described in 
                paragraph (4).
            (2) Eligibility.--To be eligible to receive a grant under 
        paragraph (1), an eligible entity shall be a nonprofit, 
        community-based organization that conducts activities, 
        including providing medical and preventive health services, to 
        reduce the disproportionate health impacts of environmental 
        pollution in the environmental justice community at which the 
        eligible entity proposes to conduct an activity that is the 
        subject of the application described in paragraph (3).
            (3) Application.--To be eligible to receive a grant under 
        paragraph (1), an eligible entity shall submit to the 
        Administrator an application at such time, in such manner, and 
        containing such information as the Administrator may require, 
        including--
                    (A) an outline describing the means by which the 
                project proposed by the eligible entity will--
                            (i) with respect to environmental and 
                        public health issues at the local level, 
                        increase the understanding of the environmental 
                        justice community at which the eligible entity 
                        will conduct the project;
                            (ii) improve the ability of the 
                        environmental justice community to address each 
                        issue described in clause (i);
                            (iii) facilitate collaboration and 
                        cooperation among various stakeholders 
                        (including members of the environmental justice 
                        community); and
                            (iv) support the ability of the 
                        environmental justice community to proactively 
                        plan and implement just sustainable community 
                        development and revitalization initiatives, 
                        including countering displacement and 
                        gentrification;
                    (B) a proposed budget for each activity of the 
                project that is the subject of the application;
                    (C) a list of proposed outcomes with respect to the 
                proposed project;
                    (D) a description of the ways by which the eligible 
                entity may leverage the funds of the eligible entity, 
                or the funds made available through a grant under this 
                subsection, to develop a project that is capable of 
                being sustained beyond the period of the grant; and
                    (E) a description of the ways by which the eligible 
                entity is linked to, and representative of, the 
                environmental justice community at which the eligible 
                entity will conduct the project.
            (4) Use of funds.--An eligible entity may only use a grant 
        under this subsection to carry out culturally and 
        linguistically appropriate projects and activities that are 
        driven by the needs, opportunities, and priorities of the 
        environmental justice community at which the eligible entity 
        proposes to conduct the project or activity to address 
        environmental justice concerns and improve the health or 
        environment of the environmental justice community, including 
        activities--
                    (A) to create or develop collaborative 
                partnerships;
                    (B) to educate and provide outreach services to the 
                environmental justice community;
                    (C) to identify and implement projects to address 
                environmental or public health concerns; or
                    (D) to develop a comprehensive understanding of 
                environmental or public health issues.
            (5) Report.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Administrator shall submit to the Committees on 
                Environment and Public Works and Energy and Natural 
                Resources of the Senate and the Committees on Energy 
                and Commerce and Natural Resources of the House of 
                Representatives a report describing the ways by which 
                the grant program under this subsection has helped 
                community-based nonprofit organizations address issues 
                relating to environmental justice.
                    (B) Public availability.--The Administrator shall 
                make each report required under subparagraph (A) 
                available to the public (including by posting a copy of 
                the report on the website of the Environmental 
                Protection Agency).
            (6) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $25,000,000 for 
        each of fiscal years 2024 through 2028.
    (b) State Grant Program.--
            (1) Establishment.--The Administrator shall establish a 
        program under which the Administrator shall provide grants to 
        States to enable the States--
                    (A) to establish culturally and linguistically 
                appropriate protocols, activities, and mechanisms for 
                addressing issues relating to environmental justice; 
                and
                    (B) to carry out culturally and linguistically 
                appropriate activities to reduce or eliminate 
                disproportionately adverse human health or 
                environmental effects on environmental justice 
                communities in the State, including reducing economic 
                vulnerabilities that result in the environmental 
                justice communities being disproportionately affected.
            (2) Eligibility.--
                    (A) Application.--To be eligible to receive a grant 
                under paragraph (1), a State shall submit to the 
                Administrator an application at such time, in such 
                manner, and containing such information as the 
                Administrator may require, including--
                            (i) a plan that contains a description of 
                        the means by which the funds provided through a 
                        grant under paragraph (1) will be used to 
                        address issues relating to environmental 
                        justice at the State level; and
                            (ii) assurances that the funds provided 
                        through a grant under paragraph (1) will be 
                        used only to supplement the amount of funds 
                        that the State allocates for initiatives 
                        relating to environmental justice.
                    (B) Ability to continue program.--To be eligible to 
                receive a grant under paragraph (1), a State shall 
                demonstrate to the Administrator that the State has the 
                ability to continue each program that is the subject of 
                funds provided through a grant under paragraph (1) 
                after receipt of the funds.
            (3) Report.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Administrator shall submit to the Committees on 
                Environment and Public Works and Energy and Natural 
                Resources of the Senate and the Committees on Energy 
                and Commerce and Natural Resources of the House of 
                Representatives a report describing--
                            (i) the implementation of the grant program 
                        established under paragraph (1);
                            (ii) the impact of the grant program on 
                        improving the ability of each participating 
                        State to address environmental justice issues; 
                        and
                            (iii) the activities carried out by each 
                        State to reduce or eliminate disproportionately 
                        adverse human health or environmental effects 
                        on environmental justice communities in the 
                        State.
                    (B) Public availability.--The Administrator shall 
                make each report required under subparagraph (A) 
                available to the public (including by posting a copy of 
                the report on the website of the Environmental 
                Protection Agency).
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $15,000,000 for 
        each of fiscal years 2024 through 2028.
    (c) Tribal Grant Program.--
            (1) Establishment.--The Administrator shall establish a 
        program under which the Administrator shall provide grants to 
        Indian Tribes--
                    (A) to establish culturally and linguistically 
                appropriate protocols, activities, and mechanisms for 
                addressing issues relating to environmental justice; 
                and
                    (B) to carry out culturally and linguistically 
                appropriate activities to reduce or eliminate 
                disproportionately adverse human health or 
                environmental effects on environmental justice 
                communities in Tribal and Indigenous communities, 
                including reducing economic vulnerabilities that result 
                in the Tribal and Indigenous communities being 
                disproportionately affected.
            (2) Eligibility.--
                    (A) Application.--To be eligible to receive a grant 
                under paragraph (1), an Indian Tribe shall submit to 
                the Administrator an application at such time, in such 
                manner, and containing such information as the 
                Administrator may require, including--
                            (i) a plan that contains a description of 
                        the means by which the funds provided through a 
                        grant under paragraph (1) will be used to 
                        address issues relating to environmental 
                        justice in Tribal and Indigenous communities; 
                        and
                            (ii) assurances that the funds provided 
                        through a grant under paragraph (1) will be 
                        used only to supplement the amount of funds 
                        that the Indian Tribe allocates for initiatives 
                        relating to environmental justice.
                    (B) Ability to continue program.--To be eligible to 
                receive a grant under paragraph (1), an Indian Tribe 
                shall demonstrate to the Administrator that the Indian 
                Tribe has the ability to continue each program that is 
                the subject of funds provided through a grant under 
                paragraph (1) after receipt of the funds.
            (3) Report.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Administrator shall submit to the Committees on 
                Environment and Public Works and Energy and Natural 
                Resources of the Senate and the Committees on Energy 
                and Commerce and Natural Resources of the House of 
                Representatives a report describing--
                            (i) the implementation of the grant program 
                        established under paragraph (1);
                            (ii) the impact of the grant program on 
                        improving the ability of each participating 
                        Indian Tribe to address environmental justice 
                        issues; and
                            (iii) the activities carried out by each 
                        Indian Tribe to reduce or eliminate 
                        disproportionately adverse human health or 
                        environmental effects on applicable 
                        environmental justice communities in Tribal and 
                        Indigenous communities.
                    (B) Public availability.--The Administrator shall 
                make each report required under subparagraph (A) 
                available to the public (including by posting a copy of 
                the report on the website of the Environmental 
                Protection Agency).
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $25,000,000 for 
        each of fiscal years 2024 through 2028.
    (d) Community-Based Participatory Research Grant Program.--
            (1) Establishment.--The Administrator, in consultation with 
        the Director, shall establish a program under which the 
        Administrator shall provide not more than 25 multiyear grants 
        to eligible entities to carry out community-based participatory 
        research--
                    (A) to address issues relating to environmental 
                justice;
                    (B) to improve the environment of residents and 
                workers in environmental justice communities; and
                    (C) to improve the health outcomes of residents and 
                workers in environmental justice communities.
            (2) Eligibility.--To be eligible to receive a multiyear 
        grant under paragraph (1), an eligible entity shall be a 
        partnership composed of--
                    (A) an accredited institution of higher education; 
                and
                    (B) a community-based organization.
            (3) Application.--To be eligible to receive a multiyear 
        grant under paragraph (1), an eligible entity shall submit to 
        the Administrator an application at such time, in such manner, 
        and containing such information as the Administrator may 
        require, including--
                    (A) a detailed description of the partnership of 
                the eligible entity that, as determined by the 
                Administrator, demonstrates the participation of 
                members of the community at which the eligible entity 
                proposes to conduct the research; and
                    (B) a description of--
                            (i) the project proposed by the eligible 
                        entity; and
                            (ii) the ways by which the project will--
                                    (I) address issues relating to 
                                environmental justice;
                                    (II) assist in the improvement of 
                                health outcomes of residents and 
                                workers in environmental justice 
                                communities; and
                                    (III) assist in the improvement of 
                                the environment of residents and 
                                workers in environmental justice 
                                communities.
            (4) Public availability.--The Administrator shall make the 
        results of the grants provided under this subsection available 
        to the public, including by posting on the website of the 
        Environmental Protection Agency a copy of the grant awards and 
        an annual report at the beginning of each fiscal year 
        describing the research findings associated with each grant 
        provided under this subsection.
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $10,000,000 for 
        each of fiscal years 2024 through 2028.

SEC. 18. ENVIRONMENTAL JUSTICE BASIC TRAINING PROGRAM.

    (a) Establishment.--The Administrator shall establish a basic 
training program, in coordination and consultation with nongovernmental 
environmental justice organizations, to increase the capacity of 
residents of environmental justice communities to identify and address 
disproportionately adverse human health or environmental effects by 
providing culturally and linguistically appropriate--
            (1) training and education relating to--
                    (A) basic and advanced techniques for the 
                detection, assessment, and evaluation of the effects of 
                hazardous substances on human health;
                    (B) methods to assess the risks to human health 
                presented by hazardous substances;
                    (C) methods and technologies to detect hazardous 
                substances in the environment;
                    (D) basic biological, chemical, and physical 
                methods to reduce the quantity and toxicity of 
                hazardous substances;
                    (E) the rights and safeguards currently afforded to 
                individuals through policies and laws intended to help 
                environmental justice communities address disparate 
                impacts and discrimination, including--
                            (i) environmental laws; and
                            (ii) section 602 of the Civil Rights Act of 
                        1964 (42 U.S.C. 2000d-1);
                    (F) public engagement opportunities through the 
                policies and laws described in subparagraph (E);
                    (G) materials available on the Clearinghouse;
                    (H) methods to expand access to parks and other 
                natural and recreational amenities; and
                    (I) finding and applying for Federal grants related 
                to environmental justice; and
            (2) short courses and continuation education programs for 
        residents of communities who are located in close proximity to 
        hazardous substances to provide--
                    (A) education relating to--
                            (i) the proper manner to handle hazardous 
                        substances;
                            (ii) the management of facilities at which 
                        hazardous substances are located (including 
                        facility compliance protocols); and
                            (iii) the evaluation of the hazards that 
                        facilities described in clause (ii) pose to 
                        human health; and
                    (B) training on environmental and occupational 
                health and safety with respect to the public health and 
                engineering aspects of hazardous waste control.
    (b) Grant Program.--
            (1) Establishment.--In carrying out the basic training 
        program established under subsection (a), the Administrator may 
        provide grants to, or enter into any contract or cooperative 
        agreement with, an eligible entity to carry out any training or 
        educational activity described in subsection (a).
            (2) Eligible entity.--To be eligible to receive assistance 
        under paragraph (1), an eligible entity shall be an accredited 
        institution of education in partnership with--
                    (A) a community-based organization that carries out 
                activities relating to environmental justice;
                    (B) a generator of hazardous waste;
                    (C) any individual who is involved in the 
                detection, assessment, evaluation, or treatment of 
                hazardous waste;
                    (D) any owner or operator of a facility at which 
                hazardous substances are located; or
                    (E) any State government, Indian Tribe, or local 
                government.
    (c) Plan.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator, in consultation with 
        the Director, shall develop and publish in the Federal Register 
        a plan to carry out the basic training program established 
        under subsection (a).
            (2) Contents.--The plan described in paragraph (1) shall 
        contain--
                    (A) a list that describes the relative priority of 
                each activity described in subsection (a); and
                    (B) a description of research and training relevant 
                to environmental justice issues of communities 
                adversely affected by pollution.
            (3) Coordination with federal agencies.--The Administrator 
        shall, to the maximum extent practicable, take appropriate 
        steps to coordinate the activities of the basic training 
        program described in the plan with the activities of other 
        Federal agencies to avoid any duplication of effort.
    (d) Report.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and every 2 years thereafter, the 
        Administrator shall submit to the Committees on Environment and 
        Public Works and Energy and Natural Resources of the Senate and 
        the Committees on Energy and Commerce and Natural Resources of 
        the House of Representatives a report describing--
                    (A) the implementation of the basic training 
                program established under subsection (a); and
                    (B) the impact of the basic training program on 
                improving training opportunities for residents of 
                environmental justice communities.
            (2) Public availability.--The Administrator shall make the 
        report required under paragraph (1) available to the public 
        (including by posting a copy of the report on the website of 
        the Environmental Protection Agency).
    (e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $10,000,000 for each of fiscal 
years 2024 through 2028.

SEC. 19. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.

    (a) Establishment.--The President shall establish an advisory 
council, to be known as the ``National Environmental Justice Advisory 
Council''.
    (b) Membership.--The Advisory Council shall be composed of 26 
members who have knowledge of, or experience relating to, the effect of 
environmental conditions on communities of color, low-income 
communities, and Tribal and Indigenous communities, including--
            (1) representatives of--
                    (A) community-based organizations that carry out 
                initiatives relating to environmental justice, 
                including grassroots organizations led by people of 
                color;
                    (B) State governments, Indian Tribes, and local 
                governments;
                    (C) Tribal organizations and other Tribal and 
                Indigenous communities;
                    (D) nongovernmental and environmental 
                organizations; and
                    (E) private sector organizations (including 
                representatives of industries and businesses); and
            (2) experts in the field of--
                    (A) socioeconomic analysis;
                    (B) health and environmental effects;
                    (C) exposure evaluation;
                    (D) environmental law and civil rights law; or
                    (E) environmental health science research.
    (c) Subcommittees; Workgroups.--
            (1) Establishment.--The Advisory Council may establish any 
        subcommittee or workgroup to assist the Advisory Council in 
        carrying out any duty of the Advisory Council described in 
        subsection (d).
            (2) Report.--Upon the request of the Advisory Council, each 
        subcommittee or workgroup established by the Advisory Council 
        under paragraph (1) shall submit to the Advisory Council a 
        report that contains--
                    (A) a description of each recommendation of the 
                subcommittee or workgroup; and
                    (B) any advice requested by the Advisory Council 
                with respect to any duty of the Advisory Council.
    (d) Duties.--The Advisory Council shall provide independent advice 
and recommendations to the Environmental Protection Agency with respect 
to issues relating to environmental justice, including advice--
            (1) to help develop, facilitate, and conduct reviews of the 
        direction, criteria, scope, and adequacy of the scientific 
        research and demonstration projects of the Environmental 
        Protection Agency relating to environmental justice;
            (2) to improve participation, cooperation, and 
        communication with respect to such issues--
                    (A) within the Environmental Protection Agency;
                    (B) between the Environmental Protection Agency and 
                other entities; and
                    (C) between, and among, the Environmental 
                Protection Agency and Federal agencies, State and local 
                governments, Indian Tribes, environmental justice 
                leaders, interest groups, and the public;
            (3) requested by the Administrator to help improve the 
        response of the Environmental Protection Agency in securing 
        environmental justice for communities of color, low-income 
        communities, and Tribal and Indigenous communities; and
            (4) on issues relating to--
                    (A) the developmental framework of the 
                Environmental Protection Agency with respect to the 
                integration by the Environmental Protection Agency of 
                socioeconomic programs into the strategic planning, 
                annual planning, and management accountability of the 
                Environmental Protection Agency to achieve 
                environmental justice results throughout the 
                Environmental Protection Agency;
                    (B) the measurement and evaluation of the progress, 
                quality, and adequacy of the Environmental Protection 
                Agency in planning, developing, and implementing 
                environmental justice strategies, projects, and 
                programs;
                    (C) any existing and future information management 
                systems, technologies, and data collection activities 
                of the Environmental Protection Agency (including 
                recommendations to conduct analyses that support and 
                strengthen environmental justice programs in 
                administrative and scientific areas);
                    (D) the administration of grant programs relating 
                to environmental justice assistance; and
                    (E) education, training, and other outreach 
                activities conducted by the Environmental Protection 
                Agency relating to environmental justice.
    (e) Meetings.--
            (1) Frequency.--
                    (A) In general.--Subject to subparagraph (B), the 
                Advisory Council shall meet biannually.
                    (B) Authority of administrator.--The Administrator 
                may require the Advisory Council to conduct additional 
                meetings if the Administrator determines that the 
                conduct of any additional meetings is necessary.
            (2) Public participation.--
                    (A) In general.--Subject to subparagraph (B), each 
                meeting of the Advisory Council shall be open to the 
                public to provide the public an opportunity--
                            (i) to submit comments to the Advisory 
                        Council; and
                            (ii) to appear before the Advisory Council.
                    (B) Authority of administrator.--The Administrator 
                may close any meeting, or portion of any meeting, of 
                the Advisory Council to the public.
    (f) FACA Applicability.--Chapter 10 of title 5, United States Code, 
shall apply to the Advisory Council.
    (g) Travel Expenses.--The Administrator may provide to any member 
of the Advisory Council travel expenses, including per diem in lieu of 
subsistence, at rates authorized for an employee of an agency under 
subchapter I of chapter 57 of title 5, United States Code, while away 
from the home or regular place of business of the member in the 
performance of the duties of the Advisory Council.

SEC. 20. ENVIRONMENTAL JUSTICE CLEARINGHOUSE.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall establish a public 
internet-based clearinghouse, to be known as the Environmental Justice 
Clearinghouse.
    (b) Contents.--The Clearinghouse shall be composed of culturally 
and linguistically appropriate materials related to environmental 
justice, including--
            (1) information describing the activities conducted by the 
        Environmental Protection Agency to address issues relating to 
        environmental justice;
            (2) copies of training materials provided by the 
        Administrator to help individuals and employees understand and 
        carry out environmental justice activities;
            (3) links to web pages that describe environmental justice 
        activities of other Federal agencies;
            (4) a directory of individuals who possess technical 
        expertise in issues relating to environmental justice;
            (5) a directory of nonprofit and community-based 
        organizations, including grassroots organizations led by people 
        of color, that address issues relating to environmental justice 
        at the local, State, and Federal levels (with particular 
        emphasis given to nonprofit and community-based organizations 
        that possess the capability to provide advice or technical 
        assistance to environmental justice communities); and
            (6) any other appropriate information as determined by the 
        Administrator, including information on any resources available 
        to help address the disproportionate burden of adverse human 
        health or environmental effects on environmental justice 
        communities.
    (c) Consultation.--In developing the Clearinghouse, the 
Administrator shall consult with individuals representing academic and 
community-based organizations who have expertise in issues relating to 
environmental justice.
    (d) Annual Review.--The Advisory Council shall--
            (1) conduct a review of the Clearinghouse on an annual 
        basis; and
            (2) recommend to the Administrator any updates for the 
        Clearinghouse that the Advisory Council determines to be 
        necessary for the effective operation of the Clearinghouse.

SEC. 21. PUBLIC MEETINGS.

    (a) In General.--Not later than 2 years after the date of enactment 
of this Act, and biennially thereafter, the Administrator shall hold 
public meetings on environmental justice issues in each region of the 
Environmental Protection Agency to gather public input with respect to 
the implementation and updating of environmental justice strategies and 
efforts of the Environmental Protection Agency.
    (b) Outreach to Environmental Justice Communities.--The 
Administrator, in advance of the meetings described in subsection (a), 
shall to the extent practicable hold multiple meetings in environmental 
justice communities in each region to provide meaningful community 
involvement opportunities.
    (c) Notice.--Notice for the meetings described in subsections (a) 
and (b) shall be provided--
            (1) to applicable representative entities or organizations 
        present in the environmental justice community, including--
                    (A) local religious organizations;
                    (B) civic associations and organizations;
                    (C) business associations of people of color;
                    (D) environmental and environmental justice 
                organizations;
                    (E) homeowners', tenants', and neighborhood watch 
                groups;
                    (F) local governments;
                    (G) Indian Tribes, Tribal organizations, and other 
                Tribal and Indigenous communities;
                    (H) rural cooperatives;
                    (I) business and trade organizations;
                    (J) community and social service organizations;
                    (K) universities, colleges, and vocational schools;
                    (L) labor organizations;
                    (M) civil rights organizations;
                    (N) senior citizens' groups; and
                    (O) public health agencies and clinics;
            (2) through communication methods that are accessible in 
        the applicable environmental justice community, which may 
        include electronic media, newspapers, radio, and other media 
        particularly targeted at communities of color, low-income 
        communities, and Tribal and Indigenous communities; and
            (3) at least 30 days before any such meeting.
    (d) Communication Methods and Requirements.--The Administrator 
shall--
            (1) provide translations of any documents made available to 
        the public pursuant to this section in any language spoken by 
        more than 5 percent of the population residing within the 
        applicable environmental justice community, and make available 
        translation services for meetings upon request; and
            (2) not require members of the public to produce a form of 
        identification or register their names, provide other 
        information, complete a questionnaire, or otherwise fulfill any 
        condition precedent to attending a meeting, but if an 
        attendance list, register, questionnaire, or other similar 
        document is utilized during meetings, it shall state clearly 
        that the signing, registering, or completion of the document is 
        voluntary.
    (e) Required Attendance of Certain Employees.--In holding a public 
meeting under subsection (a), the Administrator shall ensure that at 
least 1 employee of the Environmental Protection Agency at the level of 
Assistant Administrator is present at the meeting to serve as a 
representative of the Environmental Protection Agency.

SEC. 22. ENVIRONMENTAL PROJECTS FOR ENVIRONMENTAL JUSTICE COMMUNITIES.

    The Administrator shall ensure that all environmental projects 
developed as part of a settlement relating to violations in an 
environmental justice community--
            (1) are developed through consultation with, and with the 
        meaningful participation of, individuals in the affected 
        environmental justice community; and
            (2) result in a quantifiable improvement to the health and 
        well-being of individuals in the affected environmental justice 
        community.

SEC. 23. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE 
              OBJECTIVES.

    (a) Grants Authorized.--The Coastal Zone Management Act of 1972 is 
amended by inserting after section 309 (16 U.S.C. 1456b) the following:

``SEC. 309A. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE 
              OBJECTIVES.

    ``(a) Grants Authorized.--The Secretary may award competitive 
grants to Indian Tribes to further achievement of the objectives of the 
Indian Tribe for the Tribal coastal zone of the Indian Tribe.
    ``(b) Federal Share.--
            ``(1) In general.--The Federal share of the cost of any 
        activity carried out with a grant under this section shall be--
                    ``(A) in the case of a grant of less than $200,000, 
                100 percent of such cost; and
                    ``(B) in the case of a grant of $200,000 or more, 
                95 percent of such cost, except as provided in 
                paragraph (2).
            ``(2) Waiver.--The Secretary may waive the requirements of 
        paragraph (1)(B) with respect to a grant to an Indian Tribe, or 
        otherwise reduce the portion of the share of the cost of an 
        activity required to be paid by an Indian Tribe under that 
        paragraph, if the Secretary determines that the Indian Tribe 
        does not have sufficient funds to pay the portion.
    ``(c) Compatibility.--The Secretary may not award a grant under 
this section unless the Secretary determines that the activities to be 
carried out with the grant are compatible with this title.
    ``(d) Authorized Objectives and Purposes.--An Indian Tribe that 
receives a grant under this section shall use the grant funds for 1 or 
more of the objectives and purposes authorized under subsections (b) 
and (c), respectively, of section 306A.
    ``(e) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $5,000,000 for each of fiscal 
years 2024 through 2028, of which not more than 3 percent shall be used 
for administrative costs to carry out this section.
    ``(f) Definitions.--In this section:
            ``(1) Indian land.--The term `Indian land' has the meaning 
        given the term in section 2601 of the Energy Policy Act of 1992 
        (25 U.S.C. 3501).
            ``(2) Indian tribe.--The term `Indian Tribe' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 5304).
            ``(3) Tribal coastal zone.--The term `Tribal coastal zone' 
        means any Indian land that is within the coastal zone.
            ``(4) Tribal coastal zone objective.--The term `Tribal 
        coastal zone objective', with respect to an Indian Tribe, means 
        any of the following objectives:
                    ``(A) Protection, restoration, or preservation of 
                areas in the Tribal coastal zone of the Indian Tribe 
                that--
                            ``(i) hold important ecological, cultural, 
                        or sacred significance for the Indian Tribe; or
                            ``(ii) reflect traditional, historical, and 
                        aesthetic values essential to the Indian Tribe.
                    ``(B) Preparing and implementing a special area 
                management plan and technical planning for important 
                coastal areas.
                    ``(C) Any coastal or shoreline stabilization 
                measure, including any mitigation measure, for the 
                purpose of public safety, public access, or cultural or 
                historical preservation.''.
    (b) Guidance.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Commerce shall issue guidance 
for the program established under the amendment made by subsection (a), 
including the criteria for awarding grants under that program based on 
consultation with Indian Tribes.
    (c) Use of State Grants To Fulfill Tribal Objectives.--Section 
306A(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C. 
1455a(c)(2)) is amended--
            (1) in subparagraph (D), by striking ``and'' at the end;
            (2) in subparagraph (E), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following:
            ``(F) fulfilling any Tribal coastal zone objective (as that 
        term is defined in section 309A).''.
    (d) Other Programs Not Affected.--Nothing in this section, 
including an amendment made by this section, shall be construed to 
affect the ability of an Indian Tribe to apply for assistance, receive 
assistance under, or participate in any program authorized by the 
Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.) or other 
related Federal laws.

SEC. 24. COSMETIC LABELING.

    (a) In General.--Chapter VI of the Federal Food, Drug, and Cosmetic 
Act (21 U.S.C. 361 et seq.) is amended by adding at the end the 
following:

``SEC. 604. LABELING.

    ``(a) Cosmetic Products for Professional Use.--
            ``(1) Definition of professional.--With respect to 
        cosmetics, the term `professional' means an individual who--
                    ``(A) is licensed by an official State authority to 
                practice in the field of cosmetology, nail care, 
                barbering, or esthetics;
                    ``(B) has complied with all requirements set forth 
                by the State for such licensing; and
                    ``(C) has been granted a license by a State board 
                or legal agency or legal authority.
            ``(2) Listing of ingredients.--Cosmetic products used and 
        sold by professionals shall list all ingredients and warnings, 
        as required for other cosmetic products under this chapter.
            ``(3) Professional use labeling.--In the case of a cosmetic 
        product intended to be used only by a professional on account 
        of a specific ingredient or increased concentration of an 
        ingredient that requires safe handling by trained 
        professionals, the product shall bear a statement as follows: 
        `To be Administered Only by Licensed Professionals'.
    ``(b) Display Requirements.--A listing required under subsection 
(a)(2) and a statement required under subsection (a)(3) shall be 
prominently displayed--
            ``(1) in the primary language used on the label; and
            ``(2) in conspicuous and legible type in contrast by 
        typography, layout, or color with other material printed or 
        displayed on the label.
    ``(c) Internet Sales.--In the case of internet sales of cosmetics, 
each internet website offering a cosmetic product for sale to consumers 
shall provide the same information that is included on the packaging of 
the cosmetic product as regularly available through in-person sales, 
except information that is unique to a single cosmetic product sold in 
a retail facility, such as a lot number or expiration date, and the 
warnings and statements described in subsection (b) shall be 
prominently and conspicuously displayed on the website.
    ``(d) Contact Information.--The label on each cosmetic shall bear 
the domestic telephone number or electronic contact information, and it 
is encouraged that the label include both the telephone number and 
electronic contact information, that consumers may use to contact the 
responsible person with respect to adverse events. The contact number 
shall provide a means for consumers to obtain additional information 
about ingredients in a cosmetic, including the ability to ask if a 
specific ingredient may be present that is not listed on the label, 
including whether a specific ingredient may be contained in the 
fragrance or flavor used in the cosmetic. The manufacturer of the 
cosmetic is responsible for providing such information, including 
obtaining the information from suppliers if it is not readily 
available. Suppliers are required to release such information upon 
request of the cosmetic manufacturer.''.
    (b) Misbranding.--Section 602 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 362) is amended by adding at the end the 
following:
    ``(g) If its labeling does not conform with a requirement under 
section 604.''.
    (c) Effective Date.--Section 604 of the Federal Food, Drug, and 
Cosmetic Act, as added by subsection (a), shall take effect on the date 
that is 1 year after the date of enactment of this Act.

SEC. 25. SAFER COSMETIC ALTERNATIVES FOR DISPROPORTIONATELY IMPACTED 
              COMMUNITIES.

    (a) In General.--The Secretary of Health and Human Services (in 
this section referred to as the ``Secretary''), acting through the 
Commissioner of Food and Drugs, shall award grants to eligible 
entities--
            (1) to support research focused on the design of safer 
        alternatives to chemicals in cosmetics with inherent toxicity 
        or associated with chronic adverse health effects; or
            (2) to provide educational awareness and community outreach 
        efforts to educate and promote the use of safer alternatives in 
        cosmetics.
    (b) Eligible Entities.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            (1) be a public institution such as a university, a 
        nonprofit research institution, or a nonprofit grassroots 
        organization; and
            (2) not benefit from a financial relationship with a 
        chemical or cosmetics manufacturer, supplier, or trade 
        association.
    (c) Priority.--In awarding grants under subsection (a), the 
Secretary shall give priority to applicants proposing to focus on--
            (1) replacing chemicals in professional cosmetic products 
        used by nail and hair and beauty salon workers with safer 
        alternatives; or
            (2) replacing chemicals in cosmetic products marketed to 
        women and girls of color, including any such beauty, personal 
        hygiene, and intimate care products, with safer alternatives.
    (d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for fiscal years 2024 through 2028.

SEC. 26. SAFER CHILD CARE CENTERS, SCHOOLS, AND HOMES FOR 
              DISPROPORTIONATELY IMPACTED COMMUNITIES.

    (a) In General.--The Secretary of Health and Human Services (in 
this section referred to as the ``Secretary''), acting through the 
Commissioner of Food and Drugs, in consultation with the Administrator 
of the Environmental Protection Agency, shall award grants to eligible 
entities to support research focused on the design of safer 
alternatives to chemicals in consumer, cleaning, toy, and baby products 
with inherent toxicity or that are associated with chronic adverse 
health effects.
    (b) Eligible Entities.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            (1) be a public institution such as a university or a 
        nonprofit research institution; and
            (2) not benefit from a financial relationship with--
                    (A) a chemical manufacturer, supplier, or trade 
                association; or
                    (B) a cleaning, toy, or baby product manufacturer, 
                supplier, or trade association.
    (c) Priority.--In awarding grants under subsection (a), the 
Secretary shall give priority to applicants proposing to focus on 
replacing chemicals in cleaning, toy, or baby products used by child 
care providers with safer alternatives.
    (d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for fiscal years 2024 through 2028.

SEC. 27. CERTAIN MENSTRUAL PRODUCTS MISBRANDED IF LABELING DOES NOT 
              INCLUDE INGREDIENTS.

    (a) In General.--Section 502 of the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the 
following:
    ``(gg) If it is a menstrual product, such as a menstrual cup, a 
scented, scented deodorized, or unscented menstrual pad or tampon, a 
therapeutic vaginal douche apparatus, or an obstetrical and 
gynecological device described in section 884.5400, 884.5425, 884.5435, 
884.5460, 884.5470, or 884.5900 of title 21, Code of Federal 
Regulations (or any successor regulation), unless its label or labeling 
lists the name of each ingredient or component of the product in order 
of the most predominant ingredient or component to the least 
predominant ingredient or component.''.
    (b) Effective Date.--The amendment made by subsection (a) applies 
with respect to products introduced or delivered for introduction into 
interstate commerce on or after the date that is one year after the 
date of the enactment of this Act.

SEC. 28. SUPPORT BY NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES 
              FOR RESEARCH ON HEALTH DISPARITIES IMPACTING COMMUNITIES 
              OF COLOR.

    Subpart 12 of part C of title IV of the Public Health Service Act 
(42 U.S.C. 285l et seq.) is amended by adding at the end the following 
new section:

``SEC. 463C. RESEARCH ON HEALTH DISPARITIES RELATED TO COSMETICS 
              IMPACTING COMMUNITIES OF COLOR.

    ``(a) In General.--The Director of the Institute shall award grants 
to eligible entities--
            ``(1) to expand support for basic, epidemiological, and 
        social scientific investigations into--
                    ``(A) the chemicals linked (or with possible links) 
                to adverse health effects most commonly found in 
                cosmetics marketed to women and girls of color, 
                including beauty, personal hygiene, and intimate care 
                products;
                    ``(B) the marketing and sale of such cosmetics 
                containing chemicals linked to adverse health effects 
                to women and girls of color across their lifespans;
                    ``(C) the use of such cosmetics by women and girls 
                of color across their lifespans; or
                    ``(D) the chemicals linked to the adverse health 
                effects most commonly found in products used by nail, 
                hair, and beauty salon workers;
            ``(2) to provide educational awareness and community 
        outreach efforts to educate and promote the use of safer 
        alternatives in cosmetics; and
            ``(3) to disseminate the results of any such research 
        described in subparagraph (A) or (B) of paragraph (1) 
        (conducted by the grantee pursuant to this section or 
        otherwise) to help communities identify and address potentially 
        unsafe chemical exposures in the use of cosmetics.
    ``(b) Eligible Entities.--To be eligible to receive a grant under 
subsection (a), an entity shall--
            ``(1) be a public institution such as a university, a 
        nonprofit research institution, or a nonprofit grassroots 
        organization; and
            ``(2) not benefit from a financial relationship with a 
        chemical or cosmetics manufacturer, supplier, or trade 
        association.
    ``(c) Report.--Not later than the end 1 year after awarding grants 
under this section, and each year thereafter, the Director of the 
Institute shall submit to the Committee on Health, Education, Labor, 
and Pensions of the Senate and the Committee on Energy and Commerce of 
the House of Representatives, and make publicly available, a report on 
the results of the investigations funded under subsection (a), 
including--
            ``(1) summary findings on--
                    ``(A) marketing strategies, product categories, and 
                specific cosmetics containing ingredients linked to 
                adverse health effects; and
                    ``(B) the demographics of the populations marketed 
                to and using cosmetics containing such ingredients for 
                personal and professional use; and
            ``(2) recommended public health information strategies to 
        reduce potentially unsafe exposures to cosmetics.
    ``(d) Authorization of Appropriations.--To carry out this section, 
there are authorized to be appropriated such sums as may be necessary 
for fiscal years 2024 through 2028.''.

SEC. 29. REVENUES FOR JUST TRANSITION ASSISTANCE.

    (a) Definitions.--In this section:
            (1) Nonproducing lease.--The term ``nonproducing lease'' 
        means any Federal onshore or offshore oil or natural gas lease 
        under which oil or natural gas is produced for fewer than 90 
        days in an applicable calendar year.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (b) Mineral Leasing Revenue.--
            (1) Coal leases.--Section 7(a) of the Mineral Leasing Act 
        (30 U.S.C. 207(a)) is amended, in the fourth sentence, by 
        striking ``12\1/2\ per centum'' and inserting ``18.75 
        percent''.
            (2) Leases on land known or believed to contain oil or 
        natural gas.--Section 17 of the Mineral Leasing Act (30 U.S.C. 
        226) is amended--
                    (A) in subsection (b)--
                            (i) in paragraph (1)(A)--
                                    (I) in the fourth sentence, by 
                                striking ``shall be held'' and all that 
                                follows through ``are necessary'' and 
                                inserting ``may be held in each State 
                                not more than once each year''; and
                                    (II) in the fifth sentence, by 
                                striking ``12.5 percent'' and inserting 
                                ``18.75 percent''; and
                            (ii) in paragraph (2)(A)(ii), by striking 
                        ``12\1/2\ per centum'' and inserting ``18.75 
                        percent'';
                    (B) in subsection (c)(1), in the second sentence, 
                by striking ``12.5 percent'' and inserting ``18.75 
                percent'';
                    (C) in subsection (l), by striking ``12\1/2\ per 
                centum'' each place it appears and inserting ``18.75 
                percent''; and
                    (D) in subsection (n)(1)(C), by striking ``12\1/2\ 
                per centum'' and inserting ``18.75 percent''.
            (3) Reinstatement of leases.--Section 31(e)(3) of the 
        Mineral Leasing Act (30 U.S.C. 188(e)(3)) is amended by 
        striking ``16\2/3\'' each place it appears and inserting 
        ``25''.
            (4) Deposits.--Section 35 of the Mineral Leasing Act (30 
        U.S.C. 191) is amended--
                    (A) in subsection (a), in the first sentence, by 
                striking ``All'' and inserting ``Except as provided in 
                subsection (e), all''; and
                    (B) by adding at the end the following:
    ``(e) Distribution of Certain Amounts.--Notwithstanding subsection 
(a), the amount of any increase in revenues collected as a result of 
the amendments made by subsection (b) of section 29 of the A. Donald 
McEachin Environmental Justice For All Act shall be deposited and 
distributed in accordance with subsection (d) of that section.''.
    (c) Fees for Producing Leases and Nonproducing Leases.--
            (1) Conservation of resources fees.--There is established a 
        fee of $4 per acre per year on producing Federal onshore and 
        offshore oil and gas leases.
            (2) Speculative leasing fees.--There is established a fee 
        of $6 per acre per year on nonproducing leases.
    (d) Deposit.--
            (1) In general.--All amounts collected under paragraphs (1) 
        and (2) of subsection (c) shall be deposited in the Federal 
        Energy Transition Economic Development Assistance Fund 
        established by section 30(c).
            (2) Mineral leasing revenue.--Notwithstanding any other 
        provision of law, of the amount of any increase in revenue 
        collected as a result of the amendments made by subsection 
        (b)--
                    (A) 50 percent shall be deposited in the Federal 
                Energy Transition Economic Development Assistance Fund 
                established by section 30(c); and
                    (B) 50 percent shall be distributed to the State in 
                which the production occurred.
    (e) Adjustment for Inflation.--The Secretary shall, by regulation 
at least once every 4 years, adjust each fee established by subsection 
(c) to reflect any change in the Consumer Price Index (all items, 
United States city average) as prepared by the Department of Labor.

SEC. 30. ECONOMIC REVITALIZATION FOR FOSSIL FUEL-DEPENDENT COMMUNITIES.

    (a) Purpose.--The purpose of this section is to promote economic 
revitalization, diversification, and development in communities--
            (1) that depend on fossil fuel mining, extraction, or 
        refining for a significant amount of economic opportunities; or
            (2) in which a significant proportion of the population is 
        employed at electric generating stations that use fossil fuels 
        as the predominant fuel supply.
    (b) Definitions.--In this section:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the Just Transition Advisory Committee established by 
        subsection (g)(1).
            (2) Displaced worker.--The term ``displaced worker'' means 
        an individual who, due to efforts to reduce net emissions from 
        public land or as a result of a downturn in fossil fuel mining, 
        extraction, or production, has suffered a reduction in 
        employment or economic opportunities.
            (3) Fossil fuel.--The term ``fossil fuel'' means coal, 
        petroleum, natural gas, tar sands, oil shale, or any derivative 
        of coal, petroleum, or natural gas.
            (4) Fossil fuel-dependent community.--The term ``fossil 
        fuel-dependent community'' means a community--
                    (A) that depends on fossil fuel mining, and 
                extraction, or refining for a significant amount of 
                economic opportunities; or
                    (B) in which a significant proportion of the 
                population is employed at electric generating stations 
                that use fossil fuels as the predominant fuel supply.
            (5) Fossil fuel transition community.--The term ``fossil 
        fuel transition community'' means a community--
                    (A) that has been adversely affected economically 
                by a recent reduction in fossil fuel mining, 
                extraction, or production-related activity, as 
                demonstrated by employment data, per capita income, or 
                other indicators of economic distress;
                    (B) that has historically relied on fossil fuel 
                mining, extraction, or production-related activity for 
                a substantial portion of its economy; or
                    (C) in which the economic contribution of fossil 
                fuel mining, extraction, or production-related activity 
                has significantly declined.
            (6) Fund.--The term ``Fund'' means the Federal Energy 
        Transition Economic Development Assistance Fund established by 
        subsection (c).
            (7) Public land.--
                    (A) In general.--The term ``public land'' means any 
                land and interest in land owned by the United States 
                within the several States and administered by the 
                Secretary or the Secretary of Agriculture (acting 
                through the Chief of the Forest Service) without regard 
                to how the United States acquired ownership.
                    (B) Inclusion.--The term ``public land'' includes 
                land located on the outer Continental Shelf.
                    (C) Exclusion.--The term ``public land'' does not 
                include land held in trust for an Indian Tribe or 
                member of an Indian Tribe.
            (8) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
    (c) Establishment of Federal Energy Transition Economic Development 
Assistance Fund.--There is established in the Treasury of the United 
States a fund, to be known as the ``Federal Energy Transition Economic 
Development Assistance Fund'', which shall consist of amounts deposited 
in the Fund under section 29(d).
    (d) Distribution of Funds.--Of the amounts deposited in the Fund--
            (1) 35 percent shall be distributed by the Secretary to 
        States in which extraction of fossil fuels occurs on public 
        land, based on a formula reflecting existing production and 
        extraction in the State;
            (2) 35 percent shall be distributed by the Secretary to 
        States based on a formula reflecting the quantity of fossil 
        fuels historically produced and extracted in the State on 
        public land before the date of enactment of this Act; and
            (3) 30 percent shall be allocated to a competitive grant 
        program under subsection (f).
    (e) Use of Funds.--
            (1) In general.--Funds distributed by the Secretary to 
        States under paragraphs (1) and (2) of subsection (d) may be 
        used for--
                    (A) environmental remediation of land and waters 
                impacted by the full lifecycle of fossil fuel 
                extraction and mining;
                    (B) building partnerships to attract and invest in 
                the economic future of historically fossil fuel-
                dependent communities;
                    (C) increasing capacity and other technical 
                assistance fostering long-term economic growth and 
                opportunity in historically fossil fuel-dependent 
                communities;
                    (D) guaranteeing pensions, healthcare, and 
                retirement security and providing a bridge of wage 
                support until a displaced worker either finds new 
                employment or reaches retirement;
                    (E) severance payments for displaced workers;
                    (F) carbon sequestration projects in natural 
                systems on public land; or
                    (G) expanding broadband access and broadband 
                infrastructure.
            (2) Priority to fossil fuel workers.--In distributing funds 
        under paragraph (1), the Secretary shall give priority to 
        assisting displaced workers dislocated from fossil fuel mining 
        and extraction industries.
    (f) Competitive Grant Program.--
            (1) In general.--The Secretary shall establish a 
        competitive grant program to provide funds to eligible entities 
        for the purposes described in paragraph (3).
            (2) Definition of eligible entity.--In this subsection, the 
        term ``eligible entity'' means a local government, a State 
        government, an Indian Tribe, a local development district (as 
        defined in section 382E(a) of the Consolidated Farm and Rural 
        Development Act (7 U.S.C. 2009aa-4(a))), a nonprofit 
        organization, a labor union, an economic development agency, or 
        an institution of higher education (including a community 
        college).
            (3) Eligible use of funds.--The Secretary may award grants 
        from amounts in the Fund made available under subsection (d)(3) 
        for--
                    (A) the purposes described in subsection (e)(1);
                    (B)(i) existing job retraining and apprenticeship 
                programs for displaced workers; or
                    (ii) programs designed to promote economic 
                development in communities affected by a downturn in 
                fossil fuel extraction and mining;
                    (C) developing projects that--
                            (i) diversify local and regional economies;
                            (ii) create jobs in new or existing non-
                        fossil fuel industries;
                            (iii) attract new sources of job-creating 
                        investment; or
                            (iv) provide a range of workforce services 
                        and skills training;
                    (D) internship programs in a field related to clean 
                energy; and
                    (E) the development and support of--
                            (i) a clean energy certificate program at a 
                        labor organization; or
                            (ii) a clean energy major or minor program 
                        at an institution of higher education (as 
                        defined in section 101 of the Higher Education 
                        Act of 1965 (20 U.S.C. 1001)).
    (g) Just Transition Advisory Committee.--
            (1) Establishment.--Not later than 180 days after the date 
        of enactment of this Act, the Secretary shall establish an 
        advisory committee, to be known as the ``Just Transition 
        Advisory Committee''.
            (2) Chair.--The President shall appoint a Chair of the 
        Advisory Committee.
            (3) Duties.--The Advisory Committee shall--
                    (A) advise, assist, and support the Secretary in--
                            (i) the management and allocation of funds 
                        available under subsection (d); and
                            (ii) the establishment and administration 
                        of the competitive grant program under 
                        subsection (f); and
                    (B) develop procedures to ensure that States and 
                applicants eligible to participate in the competitive 
                grant program established under subsection (f) are 
                notified of the availability of Federal funds pursuant 
                to this section.
            (4) Membership.--
                    (A) In general.--The total number of members of the 
                Advisory Committee shall not exceed 20 members.
                    (B) Composition.--The Advisory Committee shall be 
                composed of the following members appointed by the 
                Chair:
                            (i) A representative of the Assistant 
                        Secretary of Commerce for Economic Development.
                            (ii) A representative of the Secretary of 
                        Labor.
                            (iii) A representative of the Under 
                        Secretary for Rural Development.
                            (iv) 2 individuals with professional 
                        economic development or workforce retraining 
                        experience.
                            (v) An equal number of representatives from 
                        each of the following:
                                    (I) Labor unions.
                                    (II) Nonprofit environmental 
                                organizations.
                                    (III) Environmental justice 
                                organizations.
                                    (IV) Fossil fuel transition 
                                communities.
                                    (V) Public interest groups.
                                    (VI) Tribal and Indigenous 
                                communities.
            (5) Termination.--The Advisory Committee shall not 
        terminate except by an Act of Congress.
    (h) Limit on Use of Funds.--
            (1) Administrative costs.--Not more than 7 percent of the 
        amounts in the Fund may be used for administrative costs 
        incurred in implementing this section.
            (2) Limitation on funds to a single entity.--Not more than 
        5 percent of the amounts in the Fund may be awarded to a single 
        eligible entity.
            (3) Calendar year limitation.--Not less than 15 percent of 
        the amounts in the Fund shall be spent in each calendar year.
    (i) Use of American Iron, Steel, and Manufactured Goods.--None of 
the funds appropriated or otherwise made available by this section may 
be used for a project for the construction, alteration, maintenance, or 
repair of a public building or public work unless all of the iron, 
steel, and manufactured goods used in the project are produced in the 
United States, unless the manufactured good is not produced in the 
United States.
    (j) Submission to Congress.--The Secretary shall submit to the 
Committees on Appropriations and Energy and Natural Resources of the 
Senate and the Committees on Appropriations and Natural Resources of 
the House of Representatives, with the annual budget submission of the 
President, a list of projects, including a description of each project, 
that received funding under this section in the previous calendar year.

SEC. 31. EVALUATION BY COMPTROLLER GENERAL OF THE UNITED STATES.

    Not later than 2 years after the date of enactment of this Act, and 
biennially thereafter, the Comptroller General of the United States 
shall submit to the Committees on Environment and Public Works and 
Energy and Natural Resources of the Senate and the Committees on Energy 
and Commerce and Natural Resources of the House of Representatives a 
report that contains an evaluation of the effectiveness of each 
activity carried out under this Act and the amendments made by this 
Act.
                                 &lt;all&gt;
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