I 
116TH CONGRESS 
1ST SESSION H. R. 3923 
To require Federal agencies to address environmental justice, to require 
consideration of cumulative impacts in certain permitting decisions, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 23, 2019 
Mr. RUIZ introduced the following bill; which was referred to the Committee 
on Energy and Commerce, and in addition to the Committees on Natural 
Resources, Transportation and Infrastructure, and the Judiciary, for a 
period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To require Federal agencies to address environmental justice, 
to require consideration of cumulative impacts in certain 
permitting decisions, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Environmental Justice 
Act of 2019’’. 
SEC. 2. PURPOSES. 
The purposes of this Act are— 
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(7) to clarify congressional intent to afford 
rights of action pursuant to certain statutes and 
common law claims; and 
(8) to allow a private right of action under title 
VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d 
et seq.) to challenge discriminatory practices. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) COMMUNITY OF COLOR.—The term ‘‘com-
munity of color’’ means any geographically distinct 
area the population of color of which is higher than 
the average population of color of the State in which 
the community is located. 
(3) COMMUNITY-BASED
SCIENCE.—The term 
‘‘community-based science’’ means voluntary public 
participation in the scientific process and the incor-
poration of data and information generated outside 
of traditional institutional boundaries to address 
real-world problems in ways that may include formu-
lating research questions, conducting scientific ex-
periments, collecting and analyzing data, inter-
preting results, making new discoveries, developing 
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technologies and applications, and solving complex 
problems, with an emphasis on the democratization 
of science and the engagement of diverse people and 
communities. 
(4) ENVIRONMENTAL JUSTICE.—The term ‘‘en-
vironmental justice’’ means the fair treatment and 
meaningful involvement of all individuals, regardless 
of race, color, national origin, educational level, or 
income, with respect to the development, implemen-
tation, and enforcement of environmental laws, regu-
lations, and policies to ensure that— 
(A) populations of color, communities of 
color, indigenous communities, and low-income 
communities have access to public information 
and opportunities for meaningful public partici-
pation relating to human health and environ-
mental planning, regulations, and enforcement; 
(B) no population of color or community of 
color, indigenous community, or low-income 
community shall be exposed to a dispropor-
tionate burden of the negative human health 
and environmental impacts of pollution or other 
environmental hazards; and 
(C) the 17 Principles of Environmental 
Justice written and adopted at the First Na-
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tional People of Color Environmental Leader-
ship Summit held on October 24 through 27, 
1991, in Washington, DC, are upheld. 
(5) FEDERAL
AGENCY.—The term ‘‘Federal 
agency’’ means— 
(A) each Federal agency represented on 
the Working Group; and 
(B) any other Federal agency that carries 
out a Federal program or activity that substan-
tially affects human health or the environment, 
as determined by the President. 
(6) 
FENCELINE
COMMUNITY.—The 
term 
‘‘fenceline community’’ means a population living in 
close proximity to a source of pollution. 
(7) INDIGENOUS COMMUNITY.—The term ‘‘in-
digenous community’’ means— 
(A) a federally recognized Indian Tribe; 
(B) a State-recognized Indian Tribe; 
(C) an Alaska Native or Native Hawaiian 
community or organization; and 
(D) any other community of indigenous 
people, including communities in other coun-
tries. 
(8) INFRASTRUCTURE.—The term ‘‘infrastruc-
ture’’ means any system for safe drinking water, 
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sewer collection, solid waste disposal, electricity gen-
eration, communication, or transportation access (in-
cluding highways, airports, marine terminals, rail 
systems, and residential roads) that is used to effec-
tively and safely support— 
(A) housing; 
(B) an educational facility; 
(C) a medical provider; 
(D) a park or recreational facility; or 
(E) a local businesses. 
(9) LOW
INCOME.—The term ‘‘low income’’ 
means 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 house-
hold is located, as reported by the Department 
of Housing and Urban Development; and 
(B) 200 percent of the Federal poverty 
line. 
(10) 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 low income. 
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(11) MEANINGFUL.—The term ‘‘meaningful’’, 
with respect to involvement by the public in a deter-
mination by a Federal agency, means that— 
(A) potentially affected residents of a com-
munity have an appropriate opportunity to par-
ticipate in decisions regarding a proposed activ-
ity that will affect the environment or public 
health of the community; 
(B) the public contribution can influence 
the determination by the Federal agency; 
(C) the concerns of all participants in-
volved are taken into consideration in the deci-
sion-making process; and 
(D) the Federal agency— 
(i) provides to potentially affected 
members of the public accurate informa-
tion; and 
(ii) facilitates the involvement of po-
tentially affected members of the public. 
(12) POPULATION OF COLOR.—The term ‘‘pop-
ulation of color’’ means a population of individuals 
who identify as— 
(A) Black; 
(B) African American; 
(C) Asian; 
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(D) Pacific Islander; 
(E) another nonWhite race; 
(F) Hispanic; 
(G) Latino; or 
(H) linguistically isolated. 
(13) PUBLISH.—The term ‘‘publish’’ means to 
make publicly available in a form that is— 
(A) generally accessible, including on the 
internet and in public libraries; and 
(B) accessible for— 
(i) individuals who are limited in 
English proficiency, in accordance with Ex-
ecutive Order 13166 (65 Fed. Reg. 50121 
(August 16, 2000)); and 
(ii) individuals with disabilities. 
(14) WORKING
GROUP.—The term ‘‘Working 
Group’’ means the interagency Federal Working 
Group on Environmental Justice convened under 
section 1–102 of Executive Order 12898 (42 U.S.C. 
4321 note), as amended by Executive Order 12948 
(60 Fed. Reg. 6381 (January 30, 1995)) and modi-
fied by section 4. 
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SEC. 4. INTERAGENCY FEDERAL WORKING GROUP ON EN-
VIRONMENTAL JUSTICE. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Administrator shall con-
vene, as appropriate to carry out this section, the Working 
Group. 
(b) REQUIREMENTS.— 
(1) COMPOSITION.—The Working Group shall 
be comprised of the following (or a designee): 
(A) The Secretary of Agriculture. 
(B) The Secretary of Commerce. 
(C) The Secretary of Defense. 
(D) The Secretary of Energy. 
(E) The Secretary of Health and Human 
Services. 
(F) The Secretary of Homeland Security. 
(G) The Secretary of Housing and Urban 
Development. 
(H) The Secretary of the Interior. 
(I) The Secretary of Labor. 
(J) The Secretary of Transportation. 
(K) The Attorney General. 
(L) The Administrator. 
(M) The Director of the Office of Environ-
mental Justice. 
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(N) The Chairman of the Consumer Prod-
uct Safety Commission. 
(O) The Chairperson of the Chemical Safe-
ty Board. 
(P) The Director of the Office of Manage-
ment and Budget. 
(Q) The Director of the Office of Science 
and Technology Policy. 
(R) The Chair of the Council on Environ-
mental Quality. 
(S) The Assistant to the President for Do-
mestic Policy. 
(T) The Director of the National Economic 
Council. 
(U) The Chairman of the Council of Eco-
nomic Advisers. 
(V) Such other Federal officials as the 
President may designate. 
(2) FUNCTIONS.—The Working Group shall— 
(A) report to the President through the 
Chair of the Council on Environmental Quality 
and the Assistant to the President for Domestic 
Policy; 
(B) provide guidance to Federal agencies 
regarding criteria for identifying disproportion-
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ately high and adverse human health or envi-
ronmental effects— 
(i) on populations of color, commu-
nities of color, indigenous communities, 
and low-income communities; and 
(ii) on the basis of race, color, na-
tional origin, or income; 
(C) coordinate with, provide guidance to, 
and serve as a clearinghouse for, each Federal 
agency with respect to the implementation and 
updating of an environmental justice strategy 
required under this Act, in order to ensure that 
the administration, interpretation, and enforce-
ment of programs, activities, and policies are 
carried out in a consistent manner; 
(D) assist in coordinating research by, and 
stimulating cooperation among, the Environ-
mental Protection Agency, the Department of 
Health and Human Services, the Department of 
Housing and Urban Development, and other 
Federal agencies conducting research or other 
activities in accordance with this Act; 
(E) identify, based in part on public rec-
ommendations contained in Federal agency 
progress reports, important areas for Federal 
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agencies to take into consideration and address, 
as appropriate, in environmental justice strate-
gies and other efforts; 
(F) assist in coordinating data collection 
and maintaining and updating appropriate 
databases, as required by this Act; 
(G) examine existing data and studies re-
lating to environmental justice; 
(H) hold public meetings and otherwise so-
licit public participation under paragraph (3); 
and 
(I) develop interagency model projects re-
lating to environmental justice that demonstrate 
cooperation among Federal agencies. 
(3) PUBLIC
PARTICIPATION.—The Working 
Group shall— 
(A) hold public meetings or otherwise so-
licit public participation and community-based 
science for the purpose of fact-finding with re-
spect to the implementation of this Act; and 
(B) prepare for public review and publish 
a summary of any comments and recommenda-
tions provided. 
(c) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 
Any person may commence a civil action— 
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(1) to seek relief from, or to compel, an agency 
action under this section (including regulations pro-
mulgated pursuant to this section); or 
(2) otherwise to ensure compliance with this 
section (including regulations promulgated pursuant 
to this section). 
SEC. 5. FEDERAL AGENCY ACTIONS TO ADDRESS ENVIRON-
MENTAL JUSTICE. 
(a) FEDERAL AGENCY RESPONSIBILITIES.— 
(1) ENVIRONMENTAL
JUSTICE
MISSION.—To 
the maximum extent practicable and permitted by 
applicable law, each Federal agency shall make 
achieving environmental justice part of the mission 
of the Federal agency by identifying, addressing, 
and mitigating disproportionately high and adverse 
human health or environmental effects of the pro-
grams, policies, and activities of the Federal agency 
on populations of color, communities of color, indige-
nous communities, and low-income communities in 
the United States (including the territories and pos-
sessions of the United States and the District of Co-
lumbia). 
(2) NONDISCRIMINATION.—Each Federal agen-
cy shall conduct any program, policy, or activity that 
substantially affects human health or the environ-
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ment in a manner that ensures that the program, 
policy, or activity does not have the effect of exclud-
ing any individual or group from participation in, 
denying any individual or group the benefits of, or 
subjecting any individual or group to discrimination 
under, the program, policy, or activity because of 
race, color, or national origin. 
(3) STRATEGIES.— 
(A) 
AGENCYWIDE
STRATEGIES.—Each 
Federal agency shall implement and update, not 
less frequently than annually, an agencywide 
environmental justice strategy that identifies 
disproportionally high and adverse human 
health or environmental effects of the pro-
grams, policies, spending, and other activities of 
the Federal agency with respect to populations 
of color, communities of color, indigenous com-
munities, and low-income communities, includ-
ing, as appropriate for the mission of the Fed-
eral agency, with respect to the following areas: 
(i) Implementation of the National 
Environmental Policy Act of 1969 (42 
U.S.C. 4321 et seq.). 
(ii) Implementation of title VI of the 
Civil Rights Act of 1964 (42 U.S.C. 2000d 
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et seq.) (including regulations promulgated 
pursuant to that title). 
(iii) Implementation of the Robert T. 
Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.). 
(iv) Impacts from the lack of infra-
structure, or from deteriorated infrastruc-
ture. 
(v) Impacts from land use. 
(vi) Impacts from climate change. 
(vii) Impacts from commercial trans-
portation. 
(B) REVISIONS.— 
(i) IN GENERAL.—Each strategy de-
veloped and updated pursuant to subpara-
graph (A) shall identify programs, policies, 
planning and public participation proc-
esses, rulemaking, agency spending, and 
enforcement activities relating to human 
health or the environment that may be re-
vised, at a minimum— 
(I) to promote enforcement of all 
health, environmental, and civil rights 
laws and regulations in areas con-
taining populations of color, commu-
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nities of color, indigenous commu-
nities, and low-income communities; 
(II) to ensure greater public par-
ticipation; 
(III) to provide increased access 
to infrastructure; 
(IV) to improve research and 
data collection relating to the health 
and environment of populations of 
color, communities of color, indige-
nous communities, and low-income 
communities, including through the 
increased use of community-based 
science; and 
(V) to identify differential pat-
terns of use of natural resources 
among populations of color, commu-
nities of color, indigenous commu-
nities, and low-income communities. 
(ii) TIMETABLES.—Each strategy im-
plemented and updated pursuant to sub-
paragraph (A) shall include a timetable for 
undertaking revisions identified pursuant 
to clause (i). 
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(C) PROGRESS REPORTS.—Not later than 
1 year after the date of enactment of this Act, 
and not less frequently than once every 5 years 
thereafter, each Federal agency shall submit to 
Congress and the Working Group, and shall 
publish, a progress report that includes, with 
respect to the period covered by the report— 
(i) a description of the current envi-
ronmental justice strategy of the Federal 
agency; 
(ii) an evaluation of the progress 
made by the Federal agency at national 
and regional levels regarding implementa-
tion of the environmental justice strategy, 
including— 
(I) metrics used by the Federal 
agency to measure performance; and 
(II) the progress made by the 
Federal agency toward— 
(aa) the achievement of the 
metrics described in subclause 
(I); and 
(bb) mitigating identified in-
stances of environmental injus-
tice; 
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(iii) a description of the participation 
by the Federal agency in interagency col-
laboration; 
(iv) responses to recommendations 
submitted by members of the public to the 
Federal agency relating to the environ-
mental justice strategy of the Federal 
agency and the implementation by the 
Federal agency of this Act; and 
(v) any updates or revisions to the en-
vironmental justice strategy of the Federal 
agency, including those resulting from pub-
lic comments. 
(4) PUBLIC
PARTICIPATION.—Each Federal 
agency shall— 
(A) ensure that meaningful opportunities 
exist for the public to submit comments and 
recommendations relating to the environmental 
justice strategy, progress reports, and ongoing 
efforts of the Federal agency to incorporate en-
vironmental justice principles into the pro-
grams, policies, and activities of the Federal 
agency; 
(B) hold public meetings or otherwise so-
licit public participation and community-based 
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science from populations of color, communities 
of color, indigenous communities, and low-in-
come communities for fact-finding, receiving 
public comments, and conducting inquiries con-
cerning environmental justice; and 
(C) prepare for public review and publish 
a summary of the comments and recommenda-
tions provided. 
(5) ACCESS TO INFORMATION.—Each Federal 
agency shall— 
(A) publish public documents, notices, and 
hearings relating to the programs, policies, and 
activities of the Federal agency that affect 
human health or the environment; and 
(B) translate and publish any public docu-
ments, notices, and hearings relating to an ac-
tion of the Federal agency as appropriate for 
the affected population, specifically in any case 
in which a limited English-speaking population 
may be disproportionately affected by that ac-
tion. 
(6) CODIFICATION OF GUIDANCE.— 
(A) COUNCIL ON ENVIRONMENTAL QUAL-
ITY.—Notwithstanding any other provision of 
law, sections II and III of the guidance issued 
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by the Council on Environmental Quality enti-
tled ‘‘Environmental Justice Guidance Under 
the National Environmental Policy Act’’ and 
dated December 10, 1997, are enacted into law. 
(B) ENVIRONMENTAL PROTECTION AGEN-
CY.—Notwithstanding any other provision of 
law, 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. 
(b) HUMAN HEALTH
AND ENVIRONMENTAL RE-
SEARCH, DATA COLLECTION, AND ANALYSIS.— 
(1) RESEARCH.—Each Federal agency, to the 
maximum extent practicable and permitted by appli-
cable law, shall— 
(A) in conducting environmental or human 
health research, include diverse segments of the 
population in epidemiological and clinical stud-
ies, including segments at high risk from envi-
ronmental hazards, such as— 
(i) populations of color, communities 
of color, indigenous communities, popu-
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lations with low income, and low-income 
communities; 
(ii) fenceline communities; and 
(iii) workers who may be exposed to 
substantial environmental hazards; 
(B) in conducting environmental or human 
health analyses, identify multiple and cumu-
lative exposures; and 
(C) actively encourage and solicit commu-
nity-based science, and provide to populations 
of color, communities of color, indigenous com-
munities, populations with low income, and low- 
income communities the opportunity to com-
ment regarding the development and design of 
research strategies carried out pursuant to this 
Act. 
(2) DISPROPORTIONATE IMPACT.—To the max-
imum 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 informa-
tion assessing and comparing environmental 
and human health risks borne by populations 
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identified by race, national origin, or income; 
and 
(B) use that information to determine 
whether the programs, policies, and activities of 
the Federal agency have disproportionally high 
and adverse human health or environmental ef-
fects on populations of color, communities of 
color, indigenous communities, and low-income 
communities. 
(3) INFORMATION RELATING TO NON-FEDERAL 
FACILITIES.—In connection with the implementation 
of Federal agency strategies under subsection (a)(3), 
each Federal agency, to the maximum extent prac-
ticable 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 
fenceline 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 sub-
ject of a substantial Federal environmental adminis-
trative or judicial action. 
(4) IMPACT FROM FEDERAL FACILITIES.—Each 
Federal agency, to the maximum extent practicable 
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and permitted by applicable law, shall collect, main-
tain, and analyze information relating to the race, 
national origin, and income level, and other readily 
accessible and appropriate information, for fenceline 
communities in proximity to any facility of the Fed-
eral 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); and 
(B) expected to have a substantial environ-
mental, human health, or economic effect on 
surrounding populations. 
(c) CONSUMPTION OF FISH AND WILDLIFE.— 
(1) IN GENERAL.—Each Federal agency shall 
develop, publish (unless prohibited by law), and re-
vise, as practicable and appropriate, guidance on ac-
tions 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 
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human health risks associated with the con-
sumption of pollutant-bearing fish or wildlife; 
and 
(B) publish the risks of such consumption 
patterns. 
(d) MAPPING AND SCREENING TOOL.—The Adminis-
trator shall continue to make available to the public an 
environmental justice mapping and screening tool (such 
as EJScreen or an equivalent tool) that includes, at a min-
imum, 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. 
(e) 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 pro-
mulgated pursuant to this section); or 
(2) otherwise to ensure compliance with this 
section (including regulations promulgated pursuant 
to this section). 
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(f) 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 ef-
forts through the use of existing data systems and cooper-
ative agreements among Federal agencies and with State, 
local, and Tribal governments. 
SEC. 6. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY 
COUNCIL. 
(a) ESTABLISHMENT.—The establishment by the Ad-
ministrator on September 30, 1993, by charter pursuant 
to the Federal Advisory Committee Act (5 U.S.C. App.) 
of the National Environmental Justice Advisory Council 
(referred to in this section as the ‘‘Advisory Council’’) is 
enacted into law. 
(b) DUTIES.—The Advisory Council may carry out 
such duties as were carried out by the Advisory Council 
on the day before the date of enactment of this Act, sub-
ject to modification by the Administrator, by regulation. 
(c) MEMBERSHIP.—The membership of the Advisory 
Council shall— 
(1) be determined and appointed in accordance 
with, as applicable— 
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(A) the charter described in subsection (a) 
(or any subsequent amendment or revision of 
that charter); or 
(B) other appropriate bylaws or documents 
of the Advisory Council, as determined by the 
Administrator; and 
(2) continue in effect as in existence on the day 
before the date of enactment of this Act until modi-
fied in accordance with paragraph (1). 
(d) DESIGNATED FEDERAL OFFICER.—The Director 
of the Office of Environmental Justice of the Environ-
mental Protection Agency is designated as the Federal of-
ficer required under section 10(e) of the Federal Advisory 
Committee Act (5 U.S.C. App.) for the Advisory Council. 
(e) MEETINGS.— 
(1) IN GENERAL.—The Advisory Council shall 
meet not less frequently than 3 times each calendar 
year. 
(2) OPEN TO PUBLIC.—Each meeting of the 
Advisory Council shall be held open to the public. 
(3) DESIGNATED FEDERAL OFFICER.—The des-
ignated Federal officer described in subsection (d) 
(or a designee) shall— 
(A) be present at each meeting of the Ad-
visory Council; 
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(B) ensure that each meeting is conducted 
in accordance with an agenda approved in ad-
vance by the designated Federal officer; 
(C) provide an opportunity for interested 
persons— 
(i) to file comments before or after 
each meeting of the Advisory Council; or 
(ii) to make statements at such a 
meeting, to the extent that time permits; 
(D) ensure that a representative of the 
Working Group and a high-level representative 
from each regional office of the Environmental 
Protection Agency are invited to, and encour-
aged to attend, each meeting of the Advisory 
Council; and 
(E) provide technical assistance to States 
seeking to establish State-level environmental 
justice advisory councils or implement other en-
vironmental justice policies or programs. 
(f) RESPONSES FROM ADMINISTRATOR.— 
(1) PUBLIC COMMENT INQUIRIES.—The Admin-
istrator shall provide a written response to each in-
quiry submitted to the Administrator by a member 
of the public before or after each meeting of the Ad-
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visory Council by not later than 120 days after the 
date of submission. 
(2) RECOMMENDATIONS FROM ADVISORY COUN-
CIL.—The Administrator shall provide a written re-
sponse to each recommendation submitted to the Ad-
ministrator by the Advisory Council by not later 
than 120 days after the date of submission. 
(g) TRAVEL EXPENSES.—A member of the Advisory 
Council may be allowed travel expenses, including per 
diem in lieu of subsistence, at such rate as the Adminis-
trator determines to be appropriate while away from the 
home or regular place of business of the member in the 
performance of the duties of the Advisory Council. 
(h) DURATION.—The Advisory Council shall remain 
in existence unless otherwise provided by law. 
SEC. 7. ENVIRONMENTAL JUSTICE GRANT PROGRAMS. 
(a) IN GENERAL.—The Administrator shall continue 
to carry out the Environmental Justice Small Grants Pro-
gram and the Environmental Justice Collaborative Prob-
lem-Solving Cooperative Agreement Program, as those 
programs are in existence on the date of enactment of this 
Act. 
(b) CARE GRANTS.—The Administrator shall con-
tinue to carry out the Community Action for a Renewed 
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Environment grant programs I and II, as in existence on 
January 1, 2012. 
(c) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out the programs 
described in subsections (a) and (b) $10,000,000 for each 
of fiscal years 2020 through 2029. 
SEC. 8. CONSIDERATION OF CUMULATIVE IMPACTS AND 
PERSISTENT VIOLATIONS IN CERTAIN PER-
MITTING 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 ELIMI-
NATION 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— 
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‘‘(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 insert-
ing the following: ‘‘this Act; and 
‘‘(B) with respect to the issuance or re-
newal of the permit— 
‘‘(i) based on an analysis by the Ad-
ministrator of existing water quality and 
the potential cumulative impacts (as de-
fined in section 501 of the Clean Air Act 
(42 U.S.C. 7661)) of the discharge, consid-
ered 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 im-
pacts, there does not exist a reasonable 
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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 cer-
tainty 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 appro-
priate.’’ 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 appro-
priate; and 
‘‘(B) additional controls or pollution pre-
vention requirements.’’; and 
(3) in subsection (b)— 
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(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 poten-
tial cumulative impacts (as defined in section 501 of 
the Clean Air Act (42 U.S.C. 7661)) of the dis-
charge, considered in conjunction with the des-
ignated 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 rea-
sonable 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 insert-
ing ‘‘In this title:’’; 
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(B) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (5), and (4), respec-
tively, and moving the paragraphs so as to ap-
pear in numerical order; and 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu-
lative impacts’ means any exposure, public health or 
environmental risk, or other effect occurring in a 
specific geographical area, including from an emis-
sion or release— 
‘‘(A) including— 
‘‘(i) 
environmental 
pollution 
re-
leased— 
‘‘(I)(aa) routinely; 
‘‘(bb) accidentally; or 
‘‘(cc) otherwise; and 
‘‘(II) from any source, whether 
single or multiple; and 
‘‘(ii) as assessed based on the com-
bined past, present, and reasonably fore-
seeable emissions and discharges affecting 
the geographical area; and 
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‘‘(B) evaluated taking into account sen-
sitive populations and socioeconomic factors, 
where applicable.’’. 
(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 re-
newed, 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 gen-
eral population, or to any potentially exposed or 
susceptible subpopulation, of the applicable cen-
sus tracts or Tribal census tracts (as those 
terms are defined by the Director of the Bureau 
of the Census); or 
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‘‘(ii) the Administrator objects to the 
issuance of the permit in a timely manner 
under this title.’’; and 
(B) in paragraph (9)— 
(i) in the fourth sentence, by striking 
‘‘Such permit revision’’ and inserting the 
following: 
‘‘(iii) TREATMENT
AS
RENEWAL.—A 
permit revision under this paragraph’’; 
(ii) in the third sentence, by striking 
‘‘No such revision shall’’ and inserting the 
following: 
‘‘(ii) EXCEPTION.—A revision under 
this paragraph shall not’’; 
(iii) in the second sentence, by strik-
ing ‘‘Such revisions’’ and inserting the fol-
lowing: 
‘‘(B) REVISION REQUIREMENTS.— 
‘‘(i) DEADLINE.—A revision described 
in subparagraph (A)(ii)’’; and 
(iv) by striking the paragraph des-
ignation and all that follows through ‘‘shall 
require’’ in the first sentence and inserting 
the following: 
‘‘(9) MAJOR SOURCES.— 
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‘‘(A) IN GENERAL.—With respect to any 
permit or renewal of a permit, as applicable, for 
a major source, a requirement that the permit-
ting authority shall— 
‘‘(i) in determining whether to issue 
or renew the permit— 
‘‘(I) evaluate the potential cumu-
lative impacts of the proposed major 
source, as described in the applicable 
cumulative impacts analysis submitted 
under section 503(b)(3); 
‘‘(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 pop-
ulation, or to any potentially exposed 
or susceptible subpopulation, of any 
census tracts or Tribal census tracts 
(as those terms are defined by the Di-
rector 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— 
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‘‘(aa) include in the permit 
or renewal such terms and condi-
tions (including additional con-
trols or pollution prevention re-
quirements) as the permitting 
authority determines to be nec-
essary to ensure a reasonable cer-
tainty of no harm; or 
‘‘(bb) if the permitting au-
thority determines that terms 
and conditions described in item 
(aa) would not be sufficient to 
ensure a reasonable certainty of 
no harm, deny the issuance or re-
newal of the permit; 
‘‘(III) determine whether the ap-
plicant is a persistent violator, based 
on such criteria relating to the history 
of compliance by an applicant with 
this Act as the Administrator shall es-
tablish by not later than 180 days 
after the date of enactment of the En-
vironmental Justice Act of 2019; 
‘‘(IV) if the permitting authority 
determines under subclause (III) that 
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the applicant is a persistent violator 
and the permitting authority does not 
deny the issuance or renewal of the 
permit 
pursuant 
to 
subclause 
(V)(bb)— 
‘‘(aa) require the applicant 
to submit a redemption plan that 
describes— 
‘‘(AA) if the applicant 
is not 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 environ-
mental and health effects of 
noncompliance; and 
‘‘(CC) the measures the 
applicant has carried out in 
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preparing 
the 
redemption 
plan to consult or negotiate 
with the communities af-
fected by each persistent vio-
lation addressed in the plan; 
and 
‘‘(bb) once such a redemp-
tion plan is submitted, determine 
whether the plan is adequate to 
ensuring that the applicant— 
‘‘(AA) will achieve com-
pliance with this Act expedi-
tiously; 
‘‘(BB) will remain in 
compliance with this Act; 
‘‘(CC) will mitigate the 
environmental and health ef-
fects of noncompliance; and 
‘‘(DD) has solicited and 
responded 
to 
community 
input regarding the redemp-
tion plan; and 
‘‘(V) deny the issuance or re-
newal of the permit if the permitting 
authority determines that— 
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‘‘(aa) the redemption plan 
submitted 
under 
subclause 
(IV)(aa) is inadequate; or 
‘‘(bb)(AA) the applicant has 
submitted a redemption plan on 
a prior occasion, but continues to 
be a persistent violator; and 
‘‘(BB) no indication exists 
of 
extremely 
exigent 
cir-
cumstances excusing the per-
sistent violations; and 
‘‘(ii) in the case of such a permit with 
a term of 3 years or longer, require in ac-
cordance with subparagraph (B).’’. 
(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 regula-
tions required by section 502(b) shall include a re-
quirement 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 sub-
section, a cumulative impacts analysis for each cen-
sus tract or Tribal census tract (as those terms are 
defined by the Director of the Bureau of the Cen-
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sus) 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 loca-
tions of community exposure points, such as 
schools, day care centers, nursing homes, hos-
pitals, 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 proposed major source, including 
in combination with existing sources of pollut-
ants; 
‘‘(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 proposed major source, includ-
ing in combination with existing sources of pol-
lutants; and 
‘‘(D) public health and any potential ef-
fects on public health of the proposed major 
source.’’. 
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SEC. 9. IMPLIED RIGHTS OF ACTION AND COMMON LAW 
CLAIMS. 
Section 505 of the Federal Water Pollution Control 
Act (33 U.S.C. 1365) is amended by adding at the end 
the following: 
‘‘(i) EFFECT ON IMPLIED RIGHTS OF ACTION AND 
COMMON LAW CLAIMS.— 
‘‘(1) DEFINITION OF COVERED ACT.—In this 
subsection: 
‘‘(A) IN
GENERAL.—The term ‘covered 
Act’ means— 
‘‘(i) this Act; 
‘‘(ii) the Federal Insecticide, Fun-
gicide, and Rodenticide Act (7 U.S.C. 136 
et seq.); 
‘‘(iii) the Surface Mining Control and 
Reclamation Act of 1977 (30 U.S.C. 1201 
et seq.); 
‘‘(iv) the Marine Protection, Research, 
and Sanctuaries Act of 1972 (33 U.S.C. 
1401 et seq.); 
‘‘(v) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
‘‘(vi) the Solid Waste Disposal Act 
(42 U.S.C. 6901 et seq.); 
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‘‘(vii) the Clean Air Act (42 U.S.C. 
7401 et seq.); 
‘‘(viii) the Comprehensive Environ-
mental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601 et 
seq.); and 
‘‘(ix) any other Act administered by 
the Administrator. 
‘‘(B) INCLUSIONS.—The term ‘covered 
Act’ includes any provision of an Act described 
in subparagraph (A) the date of enactment of 
which is after the date of enactment of this 
subsection, unless that provision is specifically 
excluded from this subsection. 
‘‘(2) EFFECT.—Nothing in a covered Act pre-
cludes the right to bring an action— 
‘‘(A) under section 1979 of the Revised 
Statutes (42 U.S.C. 1983); or 
‘‘(B) that is implied under— 
‘‘(i) a covered Act; or 
‘‘(ii) common law. 
‘‘(3) APPLICATION.—Nothing in this section 
precludes the right to bring an action under any 
provision of law that is not a covered Act.’’. 
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SEC. 10. PRIVATE RIGHTS OF ACTION FOR DISCRIMINA-
TORY PRACTICES. 
(a) RIGHT OF ACTION.—Section 602 of the Civil 
Rights Act of 1964 (42 U.S.C. 2000d–1) is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Each Federal de-
partment and agency which is empowered’’; and 
(2) by adding at the end the following: 
‘‘(b) Any person aggrieved by the failure of a covered 
entity to comply with this title, including any regulation 
promulgated pursuant to this title, may bring a civil action 
in any Federal or State court of competent jurisdiction 
to enforce such person’s rights under this title.’’. 
(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 ac-
tions or proceedings pending on or after the date of 
enactment of this Act. 
SEC. 11. SEVERABILITY. 
If any provision of this Act, or the application of such 
a provision to any person or circumstance, is determined 
to be invalid, the remainder of this Act and the application 
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of the provision to other persons or circumstances shall 
not be affected. 
Æ 
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