(8) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(9) STATE.—The term ‘‘State’’ means— 
(A) a State; 
(B) a territory or possession of the United 
States; and 
(C) a tribal government. 
(10) TRIBAL GOVERNMENT.—The term ‘‘tribal 
government’’ means the governing body of an Indian 
tribe. 
(11) WORKING
GROUP.—The term ‘‘Working 
Group’’ means the Interagency Working Group on 
Environmental Justice established by the Adminis-
trator under section 3(a). 
SEC. 3. INTERAGENCY WORKING GROUP ON ENVIRON-
MENTAL JUSTICE. 
(a) ESTABLISHMENT.—Not later than 30 days after 
the date of enactment of this Act, the Administrator shall 
establish a working group to be known as the ‘‘Inter-
agency Working Group on Environmental Justice’’. 
(b) PURPOSES.—The purposes of the Working Group 
are— 
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(1) to provide guidance to Federal agencies on 
the development of the guidance document under 
subsection (f)(1) for identifying disproportionately 
high and adverse human health or environmental ef-
fects on— 
(A) minority populations; and 
(B) low-income populations; 
(2) to coordinate with, provide guidance to, and 
serve as a clearinghouse for, each Federal agency 
during the development by each Federal agency of 
an environmental justice strategy; 
(3) to ensure that the administration, interpre-
tation, and enforcement of each applicable program, 
activity, and policy of each Federal agency is under-
taken in a manner that minimizes or eliminates dis-
proportionately high and adverse human health or 
environmental effects on racial minority, ethnic mi-
nority, or low-income populations; 
(4) to assist in the coordination of research 
conducted by, and stimulate cooperation among— 
(A) the Agency; 
(B) the Department of Health and Human 
Services; 
(C) the Department of Housing and Urban 
Development; 
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(D) the Department of Transportation; 
and 
(E) any other Federal agency that con-
ducts research or any other activity relating to 
the study of human health and environmental 
research and analysis; 
(5) to assist in the coordination of data collec-
tion activities conducted by each Federal agency de-
scribed in paragraph (4); 
(6) to examine each study and available data 
with respect to issues relating to environmental jus-
tice in existence as of the date of enactment of this 
Act; 
(7) to hold public meetings to conduct fact-find-
ing, receive public comments, and conduct inquiries 
concerning issues relating to environmental justice, 
the summaries of the comments and recommenda-
tions from which shall be made available to the pub-
lic; 
(8) to develop interagency model projects on 
issues relating to environmental justice that evidence 
cooperation among Federal agencies; 
(9) to engage in regular consultation with the 
Advisory Council, but not less than once per year; 
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(10) to assess and review the activities of the 
Federal Government (including any policy or pro-
gram of the Federal Government in existence as of 
the date of enactment of this Act) to minimize and 
eliminate disproportionately high and adverse human 
health or environmental effects on racial minority, 
ethnic minority, or low-income populations; and 
(11) to seek advice from community-based orga-
nizations and academic experts who are engaged in 
environmental justice research and other activities. 
(c) COMPOSITION.—The Working Group shall be 
composed of— 
(1) the Administrator (or a designee); 
(2) the Secretary of Defense (or a designee); 
(3) the Secretary of Health and Human Serv-
ices (or a designee); 
(4) the Secretary of Housing and Urban Devel-
opment (or a designee); 
(5) the Secretary of Labor (or a designee); 
(6) the Secretary of Agriculture (or a designee); 
(7) the Secretary of Transportation (or a des-
ignee); 
(8) the Attorney General (or a designee); 
(9) the Secretary of the Interior (or a des-
ignee); 
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(10) the Secretary of Commerce (or a des-
ignee); 
(11) the Secretary of Energy (or a designee); 
(12) the Secretary of Homeland Security (or a 
designee); 
(13) the Director of the Office of Management 
and Budget (or a designee); 
(14) the Director of the Office of Science and 
Technology Policy (or a designee); 
(15) the Deputy Assistant to the President for 
Environmental Policy (or a designee); 
(16) the Assistant to the President for Domes-
tic Policy (or a designee); 
(17) the Director of the National Economic 
Council (or a designee); 
(18) the Chairman of the Council of Economic 
Advisers (or a designee); and 
(19) any other official of the Federal Govern-
ment that the President may designate. 
(d) CHAIRPERSON.—The President (or a designee) 
shall serve as the Chairperson of the Working Group. 
(e) REPORT TO PRESIDENT.—The Working Group 
shall report to the President through— 
(1) the Deputy Assistant to the President for 
Environmental Policy; or 
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(2) the Assistant to the President for Domestic 
Policy. 
(f) UNIFORM CONSIDERATION GUIDANCE DOCU-
MENT.— 
(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) A disproportionate burden of adverse 
human health or environmental impacts, or the 
potential for those impacts. 
(B) Aggregation of risk. 
(C) Cumulative sources of risk. 
(D) Additional elements in the community 
that indicate vulnerability, such as a high inci-
dence of disease and lower income levels. 
(E) The capacity of communities to ad-
dress environmental concerns. 
(2) PUBLIC COMMENT.—For a period of not 
less than 30 days, the Working Group shall seek 
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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 1 year after 
the date on which the environmental justice strate-
gies of the Federal agencies are finalized under sec-
tion 4(b)(3)(A)(i), after notice and opportunity for 
public comment, the Working Group shall develop 
and promulgate a coordinated interagency Federal 
environmental justice strategy. 
(2) CONSIDERATION.—In carrying out para-
graph (1), the Working Group shall consider each 
environmental justice strategy developed by each 
Federal agency under section 4(b)(3)(A)(i). 
(h) REPORT TO PRESIDENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date described in subsection (g)(1), the 
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Working Group shall, through the Chairman of the 
Council on Environmental Quality and the Assistant 
to the President for Domestic Policy, 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. 
(2) PUBLIC AVAILABILITY.—The head of each 
Federal agency 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. 4. RESPONSIBILITIES OF FEDERAL AGENCIES. 
(a) CONDUCT OF PROGRAMS.—Each Federal agency 
shall conduct each program, policy and activity of the Fed-
eral agency that adversely affects or has the potential to 
affect human health or the environment in a manner that 
ensures that each program, policy, and activity does not 
have an effect of excluding any individual from partici-
pating in, denying any individual the benefits of, or sub-
jecting any individuals to discrimination or disparate im-
pact under any program, policy, or activity of the Federal 
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agency because of the race, color, national origin, or in-
come level of the individual. 
(b) FEDERAL AGENCY ENVIRONMENTAL JUSTICE 
STRATEGIES.— 
(1) DEVELOPMENT.—Each Federal agency that 
participates in the Working Group shall develop an 
agency-wide environmental justice strategy that— 
(A) identifies and addresses any dispropor-
tionately high or adverse human health or envi-
ronmental effects of each program, policy, and 
activity of the Federal agency on— 
(i) minority populations; and 
(ii) low-income populations; 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, planning and public participation 
process, enforcement activity, and rulemaking 
procedure relating to human health or the envi-
ronment that the Federal agency determines 
should be revised— 
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(i) to ensure the enforcement by the 
Federal agency of each health or environ-
mental statute relating to— 
(I) minority populations; and 
(II) low-income populations; 
(ii) to ensure greater and more mean-
ingful public participation; 
(iii) to improve the conduct by the 
Federal agency of research and data collec-
tion activities relating to the health and 
environment of— 
(I) minority populations; and 
(II) low-income populations; 
(iv) to facilitate the identification of 
differential development patterns and ac-
cess to natural resources among— 
(I) minority populations; and 
(II) low-income populations; 
(v) to integrate environmental justice 
into the activities of the Federal agency; 
and 
(vi) to ensure that the Federal agency 
undertakes activities to reduce or eliminate 
disproportionately high and adverse human 
health or environmental effects on racial 
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minority, ethnic minority, and low-income 
populations; 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) FINALIZATION; IMPLEMENTATION.— 
(A) FINALIZATION OF AGENCY-WIDE ENVI-
RONMENTAL JUSTICE STRATEGY.— 
(i) IN GENERAL.—Not later than 1 
year after the date of enactment of this 
Act, after notice and opportunity for public 
comment, each Federal agency shall final-
ize the environmental justice strategy of 
the Federal agency. 
(ii) IDENTIFICATION OF PROJECTS.— 
During the period described in clause (i), 
as part of the environmental justice strat-
egy finalized under that clause, each Fed-
eral agency shall— 
(I) identify each project that 
could be promptly carried out by the 
Federal agency to address any revi-
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sion identified under paragraph (2); 
and 
(II) develop a schedule for car-
rying out each project identified by 
the Federal agency under subclause 
(I). 
(iii) COORDINATION OF ACTIVITIES.— 
In carrying out clause (ii), each Federal 
agency shall coordinate the activities of the 
Federal agency with the Working Group to 
minimize the duplication of, and maximize 
the effectiveness of, the activities of each 
Federal agency. 
(iv) REPORTS.— 
(I) 
ANNUAL
REPORTS.—Not 
later than 2 years after the date of 
enactment of this Act, and annually 
thereafter, each Federal agency shall 
submit to the Working Group a report 
describing the progress of the Federal 
agency in implementing the environ-
mental justice strategy of the Federal 
agency. 
(II) PERIODIC REPORTS.—In ad-
dition to the annual reports described 
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in subclause (I), upon the receipt of a 
request from the Working Group, a 
Federal agency shall submit to the 
Working Group a report that contains 
such information as the Working 
Group may require. 
(B) REVISION OF AGENCY-WIDE ENVIRON-
MENTAL JUSTICE STRATEGY.—Not later than 5 
years after the date of enactment of this Act, 
each Federal agency shall— 
(i) evaluate the environmental justice 
strategy of the Federal agency; and 
(ii) submit to the Working Group a 
copy of the revised version of the environ-
mental justice strategy of the Federal 
agency. 
(4) 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 
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made available to the public (including through 
a description of the petition on the website of 
the Federal agency). 
(C) 
CONSIDERATION.—In 
determining 
whether to grant a petition for an exemption 
submitted by a Federal agency to the President 
under subparagraph (A), the President shall 
consider whether the granting of the petition 
would likely— 
(i) result in disproportionately high 
and adverse human health or environ-
mental effects on racial minority, ethnic 
minority, or low-income populations; or 
(ii) exacerbate any disproportionately 
high and adverse human health or environ-
mental effect on any racial minority, ethnic 
minority, or low-income population. 
(D) APPEAL.— 
(i) IN GENERAL.—Not later than 90 
days after the date on which the President 
approves a petition under this paragraph, 
an individual may appeal the decision of 
the President to approve the petition. 
(ii) WRITTEN APPEAL.— 
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(I) IN
GENERAL.—To appeal a 
decision of the President under clause 
(i), an individual shall submit a writ-
ten appeal to— 
(aa) the Deputy Assistant to 
the President for Environmental 
Policy; or 
(bb) 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. 5. OMBUDSMEN. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish within the Environmental Protection Agency a po-
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sition of Environmental Justice Ombudsman to receive, 
review, and process complaints and allegations with re-
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. 6. 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-
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istrator shall offer to each employee of the Environmental 
Protection Agency an opportunity to participate in an en-
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; 
(B) addressing the needs of environmental 
justice communities; and 
(C) 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, not later than 30 days after the date on 
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which an individual is appointed to the position of 
environmental justice coordinator, environmental 
justice ombudsman, or any other position the re-
sponsibility of which involves the conduct of environ-
mental justice activities, the individual shall be re-
quired to possess documentation of the completion 
by the individual of environmental justice training. 
(2) EFFECT.—If an individual described in 
paragraph (1) fails to meet the requirement 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 the Environmental Protection Agency 
shall evaluate each training program of the Environ-
mental Protection Agency to determine if the Envi-
ronmental Protection Agency has improved the rate 
of training of the employees of the Environmental 
Protection Agency to ensure that each employee has 
received environmental justice training. 
SEC. 7. GRANT PROGRAMS. 
(a) SMALL GRANT PROGRAM.— 
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(1) ESTABLISHMENT.—The Administrator shall 
establish a program under which the Administrator 
shall provide grants to eligible entities to assist the 
eligible entities in— 
(A) building capacity to address issues re-
lating to environmental justice; and 
(B) carrying out any activity described in 
paragraph (4). 
(2) ELIGIBILITY.—To be eligible to receive a 
small grant under paragraph (1), an eligible entity 
shall be a nonprofit, community-based organization 
that conducts activities to reduce the dispropor-
tionate health impacts of environmental pollution in 
the environmental justice community at which the 
eligible organization proposes to conduct an activity 
that is the subject of the application described in 
paragraph (3). 
(3) APPLICATION.—To be eligible to receive a 
small grant under paragraph (1), an eligible entity 
shall submit to the Administrator an application at 
such time, in such manner, and containing such in-
formation as the Administrator may require, includ-
ing— 
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(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 community 
at which the eligible entity will conduct the 
project; 
(ii) improve the ability of the commu-
nity to address each issue described in 
clause (i); and 
(iii) facilitate collaboration and co-
operation among various stakeholders (in-
cluding members of the 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 small grant under this subsection, to 
develop a project that is capable of being sus-
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tained beyond the period of the small grant; 
and 
(E) a description of the ways by which the 
eligible entity is linked to, and representative 
of, the community at which the eligible entity 
will conduct the project. 
(4) USE OF FUNDS.—An eligible entity that re-
ceives funds through a small grant under paragraph 
(1) shall use the funds to carry out culturally and 
linguistically appropriate activities that are tailored 
to the needs of the community to address environ-
mental justice concerns and improve the health or 
environment of the community, including activities— 
(A) to create or develop collaborative part-
nerships; 
(B) to educate and provide outreach serv-
ices to the community at which the eligible enti-
ty proposes to conduct the project; 
(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.— 
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(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 appropriate committees of Congress 
a report describing the ways by which the grant 
program has helped community-based nonprofit 
organizations address issues relating to environ-
mental 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 $5,000,000 for each of fiscal years 
2009 through 2013. 
(b) COLLABORATIVE GRANT PROGRAM.— 
(1) ESTABLISHMENT.—The Administrator shall 
establish a program under which the Administrator 
shall provide not more than 20 collaborative grants 
to eligible entities that propose, through an applica-
tion submitted by each eligible entity, to address 
local environmental or public health issues through 
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the use of the environmental justice collaborative 
problem-solving model established by the Environ-
mental Protection Agency. 
(2) ELIGIBILITY.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), to be eligible to receive a collabo-
rative grant under paragraph (1), an eligible 
entity shall be a nonprofit, community-based or-
ganization that conducts activities to reduce the 
disproportionate health impacts of environ-
mental pollution in the community in which the 
eligible organization is located. 
(B) LIMITATION.—The Administrator shall 
select not more than 2 grantees from each re-
gion of the United States, as determined by the 
Administrator. 
(3) APPLICATION.—To be eligible to receive a 
collaborative grant under paragraph (1), an eligible 
entity shall submit to the Administrator an applica-
tion at such time, in such manner, and containing 
such information as the Administrator may require, 
including a description of— 
(A) the means by which— 
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(i) the eligible entity will use the envi-
ronmental justice collaborative problem- 
solving model; and 
(ii) the activities of the eligible entity 
will incorporate relevant statutes; 
(B) the ways by which the eligible entity is 
linked to, and representative of, the community 
at which the eligible entity will conduct the ac-
tivities proposed by the eligible entity; and 
(C) the activities that the eligible entity 
shall undertake to reduce or eliminate dis-
proportionately high and adverse human health 
or environmental effects on the community in 
which the eligible entity is based. 
(4) USE OF FUNDS.— 
(A) COLLABORATIVE
PROBLEM-SOLVING 
ACTIVITIES.—An eligible entity that receives 
funds through a collaborative grant under para-
graph (1) shall use the funds to carry out col-
laborative problem-solving activities— 
(i) to address environmental justice 
concerns and improve the health or envi-
ronment of the community; and 
(ii) through the use of not less than 
2 statutes described in subparagraph (B). 
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(B) AUTHORIZED STATUTES.—In carrying 
out an activity described in subparagraph (A), 
an eligible entity may use any appropriate stat-
ute, including— 
(i) the Federal Water Pollution Con-
trol Act (33 U.S.C. 1251 et seq.); 
(ii) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(iii) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); 
(iv) the Clean Air Act (42 U.S.C. 
7401 et seq.); 
(v) the Toxic Substances Control Act 
(15 U.S.C. 2601 et seq.); 
(vi) the Federal Insecticide, Fun-
gicide, and Rodenticide Act (7 U.S.C. 136 
et seq.); 
(vii) the Marine Protection, Research, 
and Sanctuaries Act of 1972 (33 U.S.C. 
1401 et seq.); 
(viii) the Comprehensive Environ-
mental Response, Compensation, and Li-
ability Act of 1980 (42 U.S.C. 9601 et 
seq.); 
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(ix) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); 
(x) the Emergency Planning and 
Community Right-To-Know Act of 1986 
(42 U.S.C. 11001 et seq.); 
(xi) Federal pollution prevention stat-
utes; 
(xii) the National Environmental Pol-
icy Act of 1969 (42 U.S.C. 4321 et seq.); 
and 
(xiii) any other statute relating to— 
(I) the use of tribal land, terri-
tories, or artifacts; or 
(II) environmental justice (in-
cluding the Civil Rights Act of 1964 
(42 U.S.C. 2000a et seq.)). 
(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 appropriate committees of Congress 
a report describing— 
(i) the implementation of the collabo-
rative grant program established under 
paragraph (1); and 
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