I 
115TH CONGRESS 
1ST SESSION H. R. 3590 
To restore, reaffirm, and reconcile environmental justice and civil rights, 
provide for the establishment of the Interagency Working Group on 
Environmental Justice Compliance and Enforcement, and for other pur-
poses. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 28, 2017 
Mr. GRIJALVA introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
the Judiciary, and Natural Resources, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To restore, reaffirm, and reconcile environmental justice and 
civil rights, provide for the establishment of the Inter-
agency Working Group on Environmental Justice Com-
pliance and Enforcement, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Environmental Justice and Civil Rights Restoration and 
Enforcement Act’’. 
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(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Statement of policy. 
Sec. 3. Definitions. 
Sec. 4. Prohibited discrimination. 
Sec. 5. Right of action. 
Sec. 6. Rights of recovery. 
Sec. 7. Interagency Working Group on Environmental Justice Compliance and 
Enforcement. 
Sec. 8. Responsibilities of Federal agencies. 
Sec. 9. Ombudsmen. 
Sec. 10. Training of employees of Federal agencies. 
Sec. 11. Grant programs. 
Sec. 12. Environmental justice basic training program. 
Sec. 13. National Environmental Justice Advisory Council. 
Sec. 14. Environmental Justice Clearinghouse. 
Sec. 15. Public meetings. 
Sec. 16. Supplemental environmental projects for environmental justice commu-
nities. 
Sec. 17. Evaluation by Comptroller General of the United States. 
SEC. 2. 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 high and adverse 
human health or environmental effects of its pro-
grams, policies, practices, and activities on commu-
nities of color, low-income communities, rural com-
munities, and Tribal and indigenous communities in 
each State of the United States; 
(2) promote meaningful involvement and due 
process in the development, implementation, and en-
forcement of environmental laws; 
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(3) provide direct guidance and technical assist-
ance to environmental justice communities focused 
on increasing community understanding of the 
science, regulations, and policy related to Federal 
agency action on environmental justice issues; and 
(4) cooperate with State governments, Tribal 
Governments, and local governments to address pol-
lution and public health burdens in environmental 
justice communities, and build healthy, sustainable, 
and resilient communities. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) ADMINISTRATOR.—The term ‘‘Adminis-
trator’’ means the Administrator of the Environ-
mental Protection Agency. 
(2) ADVISORY COUNCIL.—The term ‘‘Advisory 
Council’’ means the National Environmental Justice 
Advisory Council established by the President under 
section 13. 
(3) AGGRIEVED PERSON.—The term ‘‘aggrieved 
person’’ means a person aggrieved by discrimination 
on the basis of race, color, or national origin. 
(4) CLEARINGHOUSE.—The term ‘‘Clearing-
house’’ means the Environmental Justice Clearing-
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house established by the Administrator under section 
14. 
(5) COMMUNITY OF COLOR.—The term ‘‘com-
munity of color’’ means a population of individuals 
who are members of one or more of the following 
population groups: 
(A) American Indian or Alaskan Native. 
(B) Asian or Pacific Islander. 
(C) Black, not of Hispanic origin. 
(D) Hispanic. 
(6) COVERED
AGENCY.—The term ‘‘covered 
agency’’ means an agency described in section 7(c). 
(7) 
DEMONSTRATES.—The 
term 
‘‘dem-
onstrates’’ means meets the burdens of going for-
ward with the evidence and of persuasion. 
(8) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the National Institute of Environ-
mental Health Sciences. 
(9) DISPARATE IMPACT.—The term ‘‘disparate 
impact’’ means an action or practice that, though 
appearing neutral, actually has the effect of sub-
jecting persons to discrimination because of their 
race, color, or national origin. 
(10) DISPROPORTIONATE
BURDEN
OF
HIGH 
AND ADVERSE HUMAN HEALTH OR ENVIRONMENTAL 
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EFFECTS.—The term ‘‘disproportionate burden of 
high and adverse human health or environmental ef-
fects’’ means situations where there exists signifi-
cantly higher and more adverse human health or en-
vironmental effects on communities of color, low-in-
come communities, rural communities, and Tribal 
and indigenous communities. 
(11) 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 en-
vironmental and health hazards; and 
(B) equal access to any Federal agency ac-
tion on environmental justice issues in order to 
have a healthy environment in which to live, 
learn, and work. 
(12) ENVIRONMENTAL JUSTICE COMMUNITY.— 
The term ‘‘environmental justice community’’ means 
a community with significant representation of com-
munities of color, low-income communities, rural 
communities, and Tribal and indigenous commu-
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nities, that experiences, or is at risk of experiencing, 
significantly higher and more adverse human health 
or environmental effects. 
(13) ENVIRONMENTAL LAW.—The term ‘‘envi-
ronmental law’’ includes the Clean Air Act (42 
U.S.C. 7401 et seq.), the Federal Water Pollution 
Control Act (33 U.S.C. 1251 et seq.), the Energy 
Policy Act of 2005, the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.), the Pollu-
tion Prevention Act of 1990 (42 U.S.C. 13101 et 
seq.), the Safe Drinking Water Act (42 U.S.C. 300f 
et seq.), and the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.). 
(14) FAIR TREATMENT.—The term ‘‘fair treat-
ment’’ means the conduct of a program, policy, prac-
tice or activity by a Federal agency in a manner that 
ensures that no group of individuals (including ra-
cial, ethnic, or socioeconomic groups) experience a 
disproportionate burden of high and adverse human 
health or environmental effects resulting from such 
program, policy, practice, or activity. 
(15) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term ‘‘Indian tribe’’ in 
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act (25 U.S.C. 5304). 
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(16) 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 inter-
state governmental entity, or agency or instru-
mentality of a local government; 
(B) an Indian Tribe or authorized Tribal 
organization, or Alaska Native village or organi-
zation, that is not a Tribal Government; or 
(C) a rural community. 
(17) LOW-INCOME
COMMUNITY.—The term 
‘‘low-income community’’ means a population of in-
dividuals whose family’s taxable income for the pre-
ceding year did not exceed 150 percent of the pov-
erty level amount. 
(18) RURAL
COMMUNITY.—The term ‘‘rural 
community’’ means a population of individuals not 
included within an urban area (as defined by the 
Census Bureau). 
(19) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
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the Commonwealth of Puerto Rico, the Virgin Is-
lands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands. 
(20) TRIBAL AND INDIGENOUS COMMUNITY.— 
The term ‘‘Tribal and indigenous community’’ refers 
to a population of people who are members of a fed-
erally recognized Indian Tribe, including those living 
on a different reservation or living outside Indian 
country, State-recognized Indian Tribes, Alaska Na-
tives, Native Hawaiians, Native Pacific Islanders, 
and Native Americans. 
(21) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
Government’’ means the governing body of any In-
dian Tribe, Alaska Native Tribe, band, nation, pueb-
lo, village, or community that the Secretary of the 
Interior acknowledges to exist as an Indian Tribe 
under the Federally Recognized Indian Tribe List 
Act of 1994. 
(22) WORKING
GROUP.—The term ‘‘Working 
Group’’ means the Interagency Working Group on 
Environmental Justice Compliance and Enforcement 
established by the President under section 7. 
SEC. 4. PROHIBITED DISCRIMINATION. 
Section 601 of the Civil Rights Act of 1964 (42 
U.S.C. 2000d) is amended— 
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(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 only if— 
‘‘(i) a person aggrieved demonstrates that a 
covered agency has a program, policy, practice, or 
activity that causes a disparate impact on the basis 
of race, color, or national origin and the covered 
agency fails to demonstrate that the challenged pro-
gram, 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) the aggrieved person demonstrates (con-
sistent with the demonstration required under title 
VII with respect to an ‘alternative employment prac-
tice’) that a less discriminatory alternative program, 
policy, practice, or activity exists, and the covered 
agency refuses to adopt such alternative program, 
policy, practice, or activity. 
‘‘(B)(i) With respect to demonstrating that a par-
ticular program, policy, practice, or activity causes a dis-
parate impact, the aggrieved personal shall demonstrate 
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that each particular challenged program, policy, practice, 
or activity causes a disparate impact, except that if the 
aggrieved person demonstrates to the courts that the ele-
ments of the covered agency’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. 
‘‘(ii) If the covered agency demonstrates that a spe-
cific program, policy, practice, or activity does not cause 
the disparate impact, the covered agency shall not be re-
quired to demonstrate that such program, policy, practice, 
or activity is necessary to achieve the goals of its program, 
policy, practice, or activity. 
‘‘(2) A demonstration that a program, policy, prac-
tice, or activity is necessary to achieve the goals of a pro-
gram, policy, practice, or activity may not be used as a 
defense against a claim of intentional discrimination under 
this title. 
‘‘(c) No person in the United States shall be sub-
jected to discrimination, including relation, 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.’’. 
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SEC. 5. 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 
agency 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.’’. 
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 a covered agency 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 reg-
ulations), the aggrieved person may recover equitable and 
legal relief (including compensatory and punitive dam-
ages), attorney’s fees (including expert fees), and costs of 
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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 ag-
grieved person under this title against a covered agency 
who has engaged in unlawful discrimination based on dis-
parate impact prohibited under this title (including imple-
menting regulations), the aggrieved person may recover 
attorney’s fees (including expert fees), and costs of the 
action.’’. 
SEC. 7. INTERAGENCY WORKING GROUP ON ENVIRON-
MENTAL 
JUSTICE 
COMPLIANCE 
AND 
EN-
FORCEMENT. 
(a) ESTABLISHMENT.—Not later than 30 days after 
the date of enactment of this Act, the President shall es-
tablish a working group to be known as the Interagency 
Working Group on Environmental Justice Compliance and 
Enforcement. 
(b) PURPOSES.—The purposes of the Working Group 
are— 
(1) to advise and assist Federal agencies in 
identifying and addressing, as appropriate, the dis-
proportionate human health and environmental ef-
fects of Federal programs, policies, practices, and 
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activities on communities of color, low-income com-
munities, rural communities, and Tribal and indige-
nous communities; 
(2) to promote meaningful involvement and due 
process in the development, implementation, and en-
forcement of environmental laws; 
(3) to provide direct guidance and technical as-
sistance to environmental justice communities fo-
cused on increasing community understanding of the 
science, regulations, and policy related to Federal 
agency actions on environmental justice issues; and 
(4) to cooperate with State governments, Tribal 
Governments, and local governments to address pol-
lution and public health burdens in environmental 
justice communities, and build healthy, sustainable, 
and resilient communities. 
(c) COMPOSITION.—The Working Group shall be 
composed of a representative from each of the following: 
(1) The Department of Agriculture. 
(2) The Department of Commerce. 
(3) The Department of Defense. 
(4) The Department of Energy. 
(5) The Department of Health and Human 
Services. 
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(6) The Department of Housing and Urban De-
velopment. 
(7) The Department of the Interior. 
(8) The Department of Justice. 
(9) The Department of Labor. 
(10) The Department of Transportation. 
(11) The Environmental Protection Agency. 
(12) The Office of Management and Budget. 
(13) The Office of Science and Technology Pol-
icy. 
(14) The Office of the Deputy Assistant to the 
President for Environmental Policy. 
(15) The Office of the Assistant to the Presi-
dent for Domestic Policy. 
(16) The National Economic Council. 
(17) The Council on Environmental Quality. 
(18) The Council of Economic Advisers. 
(19) Any other agency that the President may 
designate. 
(d) GOVERNANCE.—The President, or designee, shall 
serve as Chairperson of the Working Group. 
(e) REPORT TO PRESIDENT.—The Working Group 
shall report to the President through— 
(1) the Council on Environmental Equity; 
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(2) the Deputy Assistant to the President for 
Environmental Policy; or 
(3) the Assistant to the President for Domestic 
Policy. 
(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, the Working Group shall develop and publish in 
the Federal Register a guidance document that out-
lines the ways in which the following considerations 
will be taken into account in defining communities 
as environmental justice communities: 
(A) Health disparities. 
(B) Environmental exposure disparities. 
(C) Intrinsic biological factors, including 
age, sex, and race or ethnicity. 
(D) Social stressors, including poverty, 
housing quality, access to health care, edu-
cation, and lack of community resources. 
(E) Cumulative impacts or risks. 
(F) Additional elements in the community 
that indicate vulnerability or susceptibility to 
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high and adverse human health and environ-
mental effects (including climate change). 
(G) Capacity of communities to address 
environmental concerns. 
(2) PUBLIC COMMENT.—For a period of not 
less than 30 days, the Working Group 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 docu-
ment under paragraph (1), the head of each Federal 
agency participating in the Working Group shall 
document the ways in which the Federal agency will 
incorporate guidance from the document into the en-
vironmental justice strategy of the Federal agency. 
(g) DEVELOPMENT OF INTERAGENCY FEDERAL EN-
VIRONMENTAL JUSTICE STRATEGY.— 
(1) IN GENERAL.—Not later than 3 years after 
the date of enactment of this Act, after notice and 
opportunity for public comment, the Working Group 
shall develop and promulgate a coordinated inter-
agency Federal environmental justice strategy. 
(2) CONSIDERATION.—In carrying out para-
graph (1), the Working Group shall consider each 
environmental justice strategy developed and final-
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ized by each Federal agency that participates in the 
Working Group under section 8(b). 
(h) REPORT TO PRESIDENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date described in subsection (g)(1), the 
Working Group shall, through the Chairperson of 
the Council on Environmental Quality, the Deputy 
Assistant to the President for Environmental Policy, 
or the Assistant to the President for Domestic Pol-
icy, 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 Working Group. 
(2) PUBLIC AVAILABILITY.—The head of each 
Federal agency that participates in the Working 
Group 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). 
SEC. 8. RESPONSIBILITIES OF FEDERAL AGENCIES. 
(a) CONDUCT OF PROGRAMS.—Each Federal agency 
that participates in the Working Group shall conduct each 
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program, policy, practice, and activity of the Federal agen-
cy 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 activ-
ity 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 dis-
parate impact under, such program, policy, practice, or ac-
tivity of the Federal agency because of the race, color, na-
tional 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 Working Group shall 
develop and finalize an agencywide environmental 
justice strategy that— 
(A) identifies and addresses any dispropor-
tionately high or adverse human health or envi-
ronmental effects of its programs, policies, 
practices, and activities on— 
(i) communities of color; 
(ii) low-income communities; 
(iii) rural communities; and 
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(iv) Tribal and indigenous commu-
nities; and 
(B) complies with each requirement de-
scribed in paragraph (2). 
(2) CONTENTS.—Each environmental justice 
strategy developed by a Federal agency under para-
graph (1) shall contain— 
(A) an assessment that identifies each pro-
gram, policy, practice, activity (including any 
public participation process) of the Federal 
agency, relating to human health or the envi-
ronment that the Federal agency determines 
should be revised— 
(i) to ensure that all persons have the 
same degree of protection from environ-
mental and health hazards; 
(ii) to ensure meaningful involvement 
and due process in the development, imple-
mentation, and enforcement of environ-
mental laws; 
(iii) to improve direct guidance and 
technical assistance to environmental jus-
tice communities with respect to the under-
standing of the science, regulations, and 
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policy related to Federal agency action on 
environmental justice issues; 
(iv) to improve cooperation with State 
governments, Tribal Governments, and 
local governments to address pollution and 
public health burdens in environmental jus-
tice communities, and build healthy, sus-
tainable, and resilient communities; 
(v) to improve Federal research and 
data collection efforts related to— 
(I) the health of and environment 
of communities of color, low-income 
communities, rural communities, and 
Tribal and indigenous communities; 
(II) climate change; and 
(III) the inequitable distribution 
of burdens and benefits of the man-
agement and use of natural resources, 
including water, minerals, or land; 
and 
(vi) to reduce or eliminate dispropor-
tionately high and adverse human health 
or environmental effects on communities of 
color, low income communities, rural com-
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munities, and Tribal and indigenous com-
munities; and 
(B) a timetable for the completion of— 
(i) each revision identified under sub-
paragraph (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 an-
nually thereafter, a Federal agency that partici-
pates in the Working Group shall submit to the 
Working Group a report describing the progress 
of the Federal agency in implementing the envi-
ronmental justice strategy of the Federal agen-
cy. 
(B) PERIODIC
REPORTS.—In addition to 
the annual reports described in subparagraph 
(A), upon receipt of a request from the Work-
ing Group, a Federal agency shall submit to the 
Working Group a report that contains such in-
formation as the Working Group may require. 
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(4) REVISION
OF
AGENCYWIDE
ENVIRON-
MENTAL
JUSTICE
STRATEGY.—Not later than 5 
years after the date of enactment of this Act, each 
Federal agency that participates in the Working 
Group shall— 
(A) evaluate and revise the environmental 
justice strategy of the Federal agency; and 
(B) submit to the Working Group a copy 
of the revised version of the environmental jus-
tice 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. 
(B) AVAILABILITY TO PUBLIC.—Each peti-
tion 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 
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(aa) the Council on Environ-
mental 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 ap-
peal shall contain a description of 
each reason why the exemption that is 
the subject of the petition is unneces-
sary. 
(iii) REQUIREMENT OF PRESIDENT.— 
Not later than 90 days after the date on 
which an official 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 no-
tification describing the decision of the 
President with respect to the appeal. 
SEC. 9. OMBUDSMEN. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish within the Environmental Protection Agency a po-
sition of Environmental Justice Ombudsman to receive, 
review, and process complaints and allegations with re-
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spect to environmental justice programs and activities of 
the Environmental Protection Agency. 
(b) REPORTING.—The Environmental Justice Om-
budsman shall— 
(1) report directly to the Administrator; and 
(2) not be required to report to the Office of 
Environmental Justice. 
(c) REGIONAL STAFF.— 
(1) AUTHORITY OF ENVIRONMENTAL JUSTICE 
OMBUDSMAN.—The Administrator shall allow the 
Environmental Justice Ombudsman to hire such 
staff as the Environmental Justice Ombudsman de-
termines to be necessary to carry out at each re-
gional office of the Environmental Protection Agency 
the responsibilities of the Environmental Justice 
Ombudsman described in subsection (a). 
(2) FULL-TIME
POSITION.—Each individual 
hired by the Environmental Justice Ombudsman 
under paragraph (1) shall be hired as a full-time 
employee of the Environmental Protection Agency. 
SEC. 10. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES. 
(a) INITIAL PERIOD OF TRAINING.—Not later than 
1 year after the date of enactment of this Act, the Admin-
istrator shall offer to each employee of the Environmental 
Protection Agency an opportunity to participate in an en-
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vironmental justice training program to ensure that each 
employee of the Environmental Protection Agency— 
(1) has received training in environmental jus-
tice; and 
(2) is capable of— 
(A) appropriately incorporating environ-
mental justice concepts into the daily activities 
of the employee; and 
(B) increasing the meaningful participation 
of individuals from environmental justice com-
munities in the activities of the Environmental 
Protection 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 Environmental Protec-
tion Agency after that date shall be required to participate 
in environmental justice training. 
(c) REQUIREMENT RELATING TO CERTAIN EMPLOY-
EES.— 
(1) IN GENERAL.—With respect to each Fed-
eral 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 environ-
mental justice coordinator, environmental justice 
ombudsman, or any other position the responsibility 
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of which involves the conduct of environmental jus-
tice activities, the individual shall be required to pos-
sess documentation of the completion by the indi-
vidual of environmental justice training. 
(2) EFFECT.—If an individual described in 
paragraph (1) fails to meet the requirement de-
scribed 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 pro-
grams 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. 11. GRANT PROGRAMS. 
(a) ENVIRONMENTAL JUSTICE COMMUNITY GRANT 
PROGRAM.— 
(1) ESTABLISHMENT.—The Administrator shall 
establish a program under which the Administrator 
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shall provide grants to eligible entities to assist the 
eligible entities in— 
(A) building capacity to address issues re-
lating 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 con-
ducts activities to reduce the disproportionate health 
impacts of environmental pollution in the environ-
mental 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 informa-
tion 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, in-
crease the understanding of the environ-
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mental justice community at which the eli-
gible entity will conduct the project; 
(ii) improve the ability of the environ-
mental justice community to address each 
issue described in clause (i); and 
(iii) facilitate collaboration and co-
operation among various stakeholders (in-
cluding members of the environmental jus-
tice community); 
(B) a proposed budget for each activity of 
the project that is the subject of the applica-
tion; 
(C) a list of proposed outcomes with re-
spect to the proposed project; 
(D) a description of the ways by which the 
eligible entity may leverage the funds of the eli-
gible entity, or the funds made available 
through a grant under this subsection, to de-
velop a project that is capable of being sus-
tained 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. 
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(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 tailored to the needs of the envi-
ronmental 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 jus-
tice community, including activities— 
(A) to create or develop collaborative part-
nerships; 
(B) to educate and provide outreach serv-
ices to the environmental justice community; 
(C) to identify, and implement projects to 
address, environmental, or public health con-
cerns; or 
(D) to develop a comprehensive under-
standing 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 an-
nually thereafter, the Administrator shall sub-
mit to the Committees on Energy and Com-
merce and Natural Resources of the House of 
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Representatives and the Committees on Envi-
ronment and Public Works and Energy and 
Natural Resources of the Senate a report de-
scribing the ways by which the grant program 
under this subsection has helped community- 
based nonprofit organizations address issues re-
lating to environmental justice. 
(B) PUBLIC AVAILABILITY.—The Adminis-
trator shall make the report required under 
subparagraph (A) available to the public (in-
cluding by posting a copy of the report on the 
website of the Environmental Protection Agen-
cy). 
(6) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $20,000,000 for each of fiscal years 
2018 through 2022. 
(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 mecha-
nisms for addressing issues relating to environ-
mental justice; and 
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(B) to carry out culturally and linguis-
tically appropriate activities to reduce or elimi-
nate disproportionately high and adverse human 
health or environmental effects on environ-
mental justice communities in the State. 
(2) ELIGIBILITY.— 
(A) APPLICATION.—To be eligible to re-
ceive 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 envi-
ronmental justice at the State level; and 
(ii) assurances that the funds pro-
vided 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 
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(1), a State shall demonstrate to the Adminis-
trator that the State has the ability to continue 
each program that is the subject of funds pro-
vided 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 an-
nually thereafter, the Administrator shall sub-
mit to the Committees on Energy and Com-
merce and Natural Resources of the House of 
Representatives and the Committees on Envi-
ronment and Public Works and Energy and 
Natural Resources of the Senate a report de-
scribing— 
(i) the implementation of the grant 
program established under paragraph (1); 
(ii) the impact of the grant program 
on improving the ability of each partici-
pating State to address environmental jus-
tice issues; and 
(iii) the activities carried out by each 
State to reduce or eliminate disproportion-
ately high and adverse human health or 
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environmental effects on environmental 
justice communities in the State. 
(B) PUBLIC AVAILABILITY.—The Adminis-
trator shall make the report required under 
subparagraph (A) available to the public (in-
cluding by posting a copy of the report on the 
website of the Environmental Protection Agen-
cy). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $10,000,000 for each of fiscal years 
2018 through 2022. 
(c) TRIBAL GRANT PROGRAM.— 
(1) ESTABLISHMENT.—The Administrator shall 
establish a program under which the Administrator 
shall provide grants to Tribal Governments to enable 
the Indian Tribes— 
(A) to establish culturally and linguistically 
appropriate protocols, activities, and mecha-
nisms for addressing issues relating to environ-
mental justice; and 
(B) to carry out culturally and linguis-
tically appropriate activities to reduce or elimi-
nate disproportionately high and adverse human 
health or environmental effects on environ-
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mental justice communities in Tribal and indig-
enous communities. 
(2) ELIGIBILITY.— 
(A) APPLICATION.—To be eligible to re-
ceive a grant under paragraph (1), a Tribal 
Government shall submit to the Administrator 
an application at such time, in such manner, 
and containing such information as the Admin-
istrator 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 envi-
ronmental justice in Tribal and indigenous 
communities; and 
(ii) assurances that the funds pro-
vided through a grant under paragraph (1) 
will be used only to supplement the 
amount of funds that the Tribal Govern-
ment allocates for initiatives relating to en-
vironmental justice. 
(B) ABILITY TO CONTINUE PROGRAM.—To 
be eligible to receive a grant under paragraph 
(1), a Tribal Government shall demonstrate to 
the Administrator that the Tribal Government 
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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 an-
nually thereafter, the Administrator shall sub-
mit to the Committees on Energy and Com-
merce and Natural Resources of the House of 
Representatives and the Committees on Envi-
ronment and Public Works and Energy and 
Natural Resources of the Senate a report de-
scribing— 
(i) the implementation of the grant 
program established under paragraph (1); 
(ii) the impact of the grant program 
on improving the ability of each partici-
pating Indian Tribe to address environ-
mental justice issues; and 
(iii) the activities carried out by each 
Tribal Government to reduce or eliminate 
disproportionately high and adverse human 
health or environmental effects on applica-
ble environmental justice communities in 
Tribal and indigenous communities. 
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(B) PUBLIC AVAILABILITY.—The Adminis-
trator shall make the report required under 
subparagraph (A) available to the public (in-
cluding by posting a copy of the report on the 
website of the Environmental Protection Agen-
cy). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $10,000,000 for each of fiscal years 
2018 through 2022. 
(d) COMMUNITY-BASED PARTICIPATORY RESEARCH 
GRANT PROGRAM.— 
(1) ESTABLISHMENT.—The Administrator, in 
consultation with the Director, shall establish a pro-
gram under which the Administrator shall provide 
not more than 25 multiyear grants to eligible enti-
ties to carry out community-based participatory re-
search— 
(A) to address issues relating to environ-
mental justice; 
(B) to improve the environment of resi-
dents of environmental justice communities; and 
(C) to improve the health outcomes of resi-
dents of environmental justice communities. 
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(2) ELIGIBILITY.—To be eligible to receive a 
multiyear grant under paragraph (1), an eligible en-
tity shall be a partnership comprised of— 
(A) an accredited institution of higher edu-
cation; and 
(B) a community-based organization. 
(3) APPLICATION.—To be eligible to receive a 
multiyear grant under paragraph (1), an eligible en-
tity shall submit to the Administrator an application 
at such time, in such manner, and containing such 
information as the Administrator may require, in-
cluding— 
(A) a detailed description of the partner-
ship of the eligible entity that, as determined by 
the Administrator, demonstrates the participa-
tion 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 en-
vironmental justice; 
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(II) assist in the improvement of 
health outcomes of residents of envi-
ronmental justice communities; and 
(III) assist in the improvement of 
the environment of residents of envi-
ronmental justice communities. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There is authorized to be appropriated to carry out 
this subsection $10,000,000 for each of fiscal years 
2018 through 2022. 
SEC. 12. ENVIRONMENTAL JUSTICE BASIC TRAINING PRO-
GRAM. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish a basic training program to increase the capacity 
of residents of environmental justice communities to iden-
tify and address disproportionately high and adverse 
human health or environmental effects by providing cul-
turally and linguistically appropriate— 
(1) training relating to— 
(A) basic and advanced techniques for the 
detection, assessment, and evaluation of the ef-
fects of hazardous substances on human health; 
(B) methods to assess the risks to human 
health presented by hazardous substances; 
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(C) methods and technologies to detect 
hazardous substances in the environment; and 
(D) basic biological, chemical, and physical 
methods to reduce the quantity and toxicity of 
hazardous substances; and 
(2) short courses and continuation education 
programs for residents of communities who are lo-
cated in close proximity to hazardous substances to 
provide— 
(A) education relating to— 
(i) the proper manner to handle haz-
ardous 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 occupa-
tional health and safety with respect to the pub-
lic health and engineering aspects of hazardous 
waste control. 
(b) GRANT PROGRAM.— 
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(1) ESTABLISHMENT.—In carrying out the 
training program, 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 sub-
section (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 environmental waste; 
(D) any owner or operator of a facility at 
which hazardous substances are located; or 
(E) any State government, Tribal Govern-
ment, 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 
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publish in the Federal Register a plan to carry out 
the basic training program described in subsection 
(a). 
(2) CONTENTS.—The plan described in para-
graph (1) shall contain— 
(A) a list that describes the relative pri-
ority of each activity described in subsection 
(a); and 
(B) a description of research and training 
relevant to environmental justice issues of com-
munities adversely affected by pollution. 
(3) COORDINATION
WITH
FEDERAL
AGEN-
CIES.—The Administrator shall, to the maximum ex-
tent practicable, take appropriate steps to coordinate 
the activities of the 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 Energy and Commerce and Natural 
Resources of the House of Representatives and the 
Committees on Environment and Public Works and 
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Energy and Natural Resources of the Senate a re-
port describing— 
(A) the implementation of the training pro-
gram established under subsection (a); and 
(B) the impact of the 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 2018 through 2022. 
SEC. 13. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY 
COUNCIL. 
(a) ESTABLISHMENT.—The President shall establish 
an advisory council to be known as the National Environ-
mental Justice Advisory Council. 
(b) MEMBERSHIP.—The Advisory Council shall be 
comprised of 26 members who have knowledge of, or expe-
rience relating to, the effect of environmental conditions 
on communities of color, low-income communities, rural 
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communities, and Tribal and indigenous communities, in-
cluding— 
(1) representatives of— 
(A) community-based organizations that 
carry out initiatives relating to environmental 
justice; 
(B) State governments, Tribal Govern-
ments, and local governments; 
(C) Indian Tribes and other indigenous 
groups; 
(D) nongovernmental and environmental 
organizations; and 
(E) private sector organizations (including 
representatives of industries and businesses); 
and 
(2) experts in the fields of— 
(A) socioeconomic analysis; 
(B) health and environmental effects; 
(C) exposure evaluation; 
(D) environmental and civil rights law; and 
(E) environmental health science research. 
(c) SUBCOMMITTEES; WORKGROUPS.— 
(1) ESTABLISHMENT.—The Advisory Council 
may establish any subcommittee or workgroup to as-
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sist the Advisory Council in carrying out each duty 
of the Advisory Council described in subsection (d). 
(2) REPORT.—Upon the request of the Advisory 
Council, each subcommittee or workgroup estab-
lished 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 Advi-
sory Council. 
(d) DUTIES.—The Advisory Council shall provide 
independent advice and recommendations to the Environ-
mental Protection Agency with respect to issues relating 
to environmental justice, including advice— 
(1) to help develop, facilitate, and conduct re-
views 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 the participation, cooperation, 
and communication with respect to such issues— 
(A) within the Environmental Protection 
Agency; 
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(B) between the Environmental Protection 
Agency and other entities; and 
(C) between, and among, the Environ-
mental 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 im-
prove the response of the Environmental Protection 
Agency in securing environmental justice for com-
munities of color, low-income communities, rural 
communities, and Tribal and indigenous commu-
nities; and 
(4) on issues relating to— 
(A) the developmental framework of the 
Environmental Protection Agency with respect 
to the integration by the Environmental Protec-
tion Agency of socioeconomic programs into the 
strategic planning, annual planning, and man-
agement accountability of the Environmental 
Protection Agency to achieve environmental jus-
tice results throughout the Environmental Pro-
tection Agency; 
(B) the measurement and evaluation of the 
progress, quality, and adequacy of the Environ-
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mental Protection Agency in planning, devel-
oping, and implementing environmental justice 
strategies, projects, and programs; 
(C) any existing and future information 
management systems, technologies, and data 
collection activities of the Environmental Pro-
tection Agency (including recommendations to 
conduct analyses that support and strengthen 
environmental justice programs in administra-
tive and scientific areas); 
(D) the administration by the Adminis-
trator of grant programs relating to environ-
mental justice assistance; and 
(E) the awareness of, and education train-
ing, and other outreach activities conducted by, 
the Environmental Protection Agency relating 
to environmental justice. 
(e) MEETINGS.— 
(1) FREQUENCY.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Advisory Council shall meet bi-
annually. 
(B) AUTHORITY OF ADMINISTRATOR.—The 
Administrator may require the Advisory Council 
to conduct additional meetings if the Adminis-
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trator determines that the conduct of any addi-
tional meetings are necessary. 
(2) PUBLIC PARTICIPATION.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), each meeting of the Advisory Coun-
cil shall be open to the public to provide the 
public an opportunity— 
(i) to submit comments to the Advi-
sory Council; and 
(ii) to appear before the Advisory 
Council. 
(B) AUTHORITY OF ADMINISTRATOR.—The 
Administrator may close any meeting, or por-
tion of any meeting, to the public. 
(f) FACA.—The Federal Advisory Committee Act (5 
U.S.C. App.) shall apply to the Advisory Council. 
(g) TRAVEL EXPENSES.—The Administrator may 
provide to any member of the Advisory Council travel ex-
penses, 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. 
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