I 
117TH CONGRESS 
1ST SESSION H. R. 2021 
To restore, reaffirm, and reconcile environmental justice and civil rights, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 18, 2021 
Mr. GRIJALVA (for himself, Mr. MCEACHIN, Ms. BARRAGA´N, Ms. SCHA-
KOWSKY, Ms. NORTON, Mr. ESPAILLAT, Ms. LEE of California, Mr. 
LOWENTHAL, Ms. TLAIB, Ms. CHU, Ms. MENG, Mr. GOMEZ, Ms. BLUNT 
ROCHESTER, Mr. GARCI´A of Illinois, Ms. JAYAPAL, Mr. KHANNA, Ms. 
DEGETTE, Mrs. BEATTY, Mr. KAHELE, Ms. BUSH, Mr. SCOTT of Vir-
ginia, Mr. NADLER, Ms. ESCOBAR, Ms. CASTOR of Florida, Mr. CON-
NOLLY, Ms. BROWNLEY, Ms. LEGER FERNANDEZ, and Ms. CLARKE of 
New York) introduced the following bill; which was referred to the Com-
mittee on Energy and Commerce, and in addition to the Committees on 
Natural Resources, the Judiciary, Transportation and Infrastructure, Ag-
riculture, and Education and Labor, 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, 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 For All 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. Findings; statement of policy. 
Sec. 3. Definitions. 
Sec. 4. Prohibited discrimination. 
Sec. 5. Right of action. 
Sec. 6. Rights of recovery. 
Sec. 7. Consideration of cumulative impacts and persistent violations in certain 
permitting decisions. 
Sec. 8. White House Environmental Justice Interagency Council. 
Sec. 9. Federal agency actions and responsibilities. 
Sec. 10. Ombuds. 
Sec. 11. Access to parks, outdoor spaces, and public recreation opportunities. 
Sec. 12. Transit to trails grant program. 
Sec. 13. Repeal of sunset for the Every Kid Outdoors program. 
Sec. 14. Protections for environmental justice communities against harmful 
Federal actions. 
Sec. 15. Training of employees of Federal agencies. 
Sec. 16. Environmental justice grant programs. 
Sec. 17. Environmental justice basic training program. 
Sec. 18. National Environmental Justice Advisory Council. 
Sec. 19. Environmental Justice Clearinghouse. 
Sec. 20. Public meetings. 
Sec. 21. Environmental projects for environmental justice communities. 
Sec. 22. Grants to further achievement of Tribal coastal zone objectives. 
Sec. 23. Cosmetic labeling. 
Sec. 24. Safer cosmetic alternatives for disproportionately impacted commu-
nities. 
Sec. 25. Safer child care centers, schools, and homes for disproportionately im-
pacted communities. 
Sec. 26. Certain menstrual products misbranded if labeling does not include in-
gredients. 
Sec. 27. Support by National Institute of Environmental Health Sciences for 
research on health disparities impacting communities of color. 
Sec. 28. Revenues for just transition assistance. 
Sec. 29. Economic revitalization for fossil fuel-dependent communities. 
Sec. 30. Evaluation by Comptroller General of the United States. 
SEC. 2. FINDINGS; STATEMENT OF POLICY. 
(a) FINDINGS.—Congress finds the following: 
(1) Communities of color, low-income commu-
nities, Tribal and Indigenous communities, fossil 
fuel-dependent communities, and other vulnerable 
populations, such as persons with disabilities, chil-
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dren, and the elderly, are disproportionately bur-
dened by environmental hazards that include expo-
sure to polluted air, waterways, and landscapes. 
(2) Environmental justice disparities are also 
exhibited through a lack of equitable access to green 
spaces, public recreation opportunities, and informa-
tion and data on potential exposure to environmental 
hazards. 
(3) Communities experiencing environmental in-
justice have been subjected to systemic racial, social, 
and economic injustices and face a disproportionate 
burden of adverse human health or environmental 
effects, a higher risk of intentional, unconscious, and 
structural discrimination, and disproportionate en-
ergy burdens. 
(4) Environmental justice communities have 
been made more vulnerable to the effects of climate 
change due to a combination of factors, particularly 
the legacy of segregation and historically racist zon-
ing codes, and often have the least resources to re-
spond, making it a necessity for environmental jus-
tice communities to be meaningfully engaged as 
partners and stakeholders in government decision 
making as the United States builds its climate resil-
ience. 
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(5) Potential environmental and climate threats 
to environmental justice communities merit a higher 
level of engagement, review, and consent to ensure 
that communities are not forced to bear dispropor-
tionate environmental and health impacts. 
(6) The burden of proof that a proposed action 
will not harm communities, including through cumu-
lative exposure effects, should fall on polluting in-
dustries and on the Federal Government in its regu-
latory role, not the communities themselves. 
(7) Executive Order 12898 (42 U.S.C. 4321 
note; relating to Federal actions to address environ-
mental justice in minority populations and low-in-
come populations) directs Federal agencies to ad-
dress disproportionately high and adverse human 
health or environmental effects of its programs, but 
Federal agencies have been inconsistent in updating 
their strategic plans for environmental justice and 
reporting on their progress in enacting those plans. 
(8) Government action to correct environmental 
injustices is a moral imperative. Federal policy can 
and should improve public health and improve the 
overall well-being of all communities. 
(9) All people have the right to breathe clean 
air, drink clean water, live free of dangerous levels 
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of toxic pollution, and share the benefits of a pros-
perous and vibrant pollution-free economy. 
(10) A fair and just transition to a pollution- 
free economy is necessary to ensure that workers 
and communities in deindustrialized areas have ac-
cess to the resources and benefits of a sustainable 
future. That transition must also address the eco-
nomic disparities experienced by residents living in 
areas contaminated by pollution or environmental 
degradation, including access to jobs, and members 
of those communities must be fully and meaningfully 
involved in transition planning processes. 
(11) It is the responsibility of the Federal Gov-
ernment to seek to achieve environmental justice, 
health equity, and climate justice for all commu-
nities. 
(b) STATEMENT OF POLICY.—It is the policy of Con-
gress that each Federal agency should— 
(1) seek to achieve environmental justice as 
part of its mission by identifying and addressing, as 
appropriate, 
disproportionately 
adverse 
human 
health or environmental effects of its programs, poli-
cies, practices, and activities on communities of 
color, low-income communities, and Tribal and In-
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digenous communities in each State and territory of 
the United States; 
(2) promote meaningful involvement by commu-
nities and due process in the development, imple-
mentation, and enforcement of environmental laws; 
(3) provide direct guidance and technical assist-
ance to communities experiencing environmental in-
justice focused on increasing shared understanding 
of the science, laws, regulations, and policy related 
to Federal agency action on environmental justice 
issues; 
(4) cooperate with State governments, Tribal 
Governments, and local governments to address pol-
lution and public health burdens in communities ex-
periencing 
environmental 
injustice, 
and 
build 
healthy, sustainable, and resilient communities; and 
(5) recognize the right of all people to clean air, 
safe and affordable drinking water, protection from 
climate hazards, and the sustainable preservation of 
the ecological integrity and aesthetic, scientific, cul-
tural, and historical values of the natural environ-
ment. 
SEC. 3. DEFINITIONS. 
In this Act: 
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(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 18. 
(3) CLEARINGHOUSE.—The term ‘‘Clearing-
house’’ means the Environmental Justice Clearing-
house established by the Administrator under section 
19. 
(4) COMMUNITY OF COLOR.—The term ‘‘com-
munity of color’’ means a geographically distinct 
area in which the population of any of the following 
categories of individuals is higher than the average 
population of that category for the State in which 
the community is located: 
(A) Black. 
(B) African American. 
(C) Asian. 
(D) Pacific Islander. 
(E) Other non-White race. 
(F) Hispanic. 
(G) Latino. 
(H) Linguistically isolated. 
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(5) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the National Institute of Environ-
mental Health Sciences. 
(6) DISPARATE IMPACT.—The term ‘‘disparate 
impact’’ means an action or practice that, even if 
appearing neutral, actually has the effect of sub-
jecting persons to discrimination on the basis of 
race, color, or national origin. 
(7) DISPROPORTIONATE BURDEN OF ADVERSE 
HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 
The term ‘‘disproportionate burden of adverse 
human health or environmental effects’’ means a sit-
uation where there exists higher or more adverse 
human health or environmental effects on commu-
nities of color, low-income communities, and Tribal 
and Indigenous communities. 
(8) ENVIRONMENTAL JUSTICE.—The term ‘‘en-
vironmental 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 en-
forcement 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 
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(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, work, and recreate. 
(9) ENVIRONMENTAL
JUSTICE
COMMUNITY.— 
The term ‘‘environmental justice community’’ means 
a community with significant representation of com-
munities of color, low-income communities, or Tribal 
and Indigenous communities, that experiences, or is 
at risk of experiencing higher or more adverse 
human health or environmental effects. 
(10) ENVIRONMENTAL LAW.—The term ‘‘envi-
ronmental law’’ includes— 
(A) the Clean Air Act (42 U.S.C. 7401 et 
seq.); 
(B) the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.); 
(C) the Energy Policy Act of 2005 (42 
U.S.C. 15801 et seq.); 
(D) the National Environmental Policy Act 
of 1969 (42 U.S.C. 4321 et seq.); 
(E) the Pollution Prevention Act of 1990 
(42 U.S.C. 13101 et seq.); 
(F) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
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(G) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); 
(H) the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136 et seq.); and 
(I) the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.). 
(11) 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 
racial, ethnic, or socioeconomic groups) experience a 
disproportionate burden of adverse human health or 
environmental effects resulting from such program, 
policy, practice, or activity, as determined through 
consultation with, and with the meaningful partici-
pation of, individuals from the communities affected 
by a program, policy, practice, or activity of a Fed-
eral agency. 
(12) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(13) LOCAL
GOVERNMENT.—The term ‘‘local 
government’’ means— 
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(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; or 
(B) an Indian Tribe or authorized Tribal 
organization, or Alaska Native village or organi-
zation, that is not a Tribal Government. 
(14) LOW-INCOME
COMMUNITY.—The term 
‘‘low-income community’’ means any census block 
group in which 30 percent or more of the population 
are individuals with an annual household income 
equal to, or less than, the greater of— 
(A) an amount equal to 80 percent of the 
median income of the area in which the house-
hold is located, as reported by the Department 
of Housing and Urban Development; and 
(B) 200 percent of the Federal poverty 
line. 
(15) POPULATION.—The term ‘‘population’’ 
means a census block group or series of geographi-
cally contiguous blocks representing certain common 
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characteristics, such as race, ethnicity, national ori-
gin, income-level, health disparities, or other public 
health and socioeconomic attributes. 
(16) STATE.—The term ‘‘State’’ means— 
(A) any State of the United States; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) the United States Virgin Islands; 
(E) Guam; 
(F) American Samoa; and 
(G) the Commonwealth of the Northern 
Mariana Islands. 
(17) TRIBAL AND INDIGENOUS COMMUNITY.— 
The term ‘‘Tribal and Indigenous community’’ 
means a population of people who are members of— 
(A) a federally recognized Indian Tribe; 
(B) a State-recognized Indian Tribe; 
(C) an Alaska Native or Native Hawaiian 
community or organization; or 
(D) any other community of Indigenous 
people located in a State. 
(18) TRIBAL GOVERNMENT.—The term ‘‘Tribal 
Government’’ means the governing body of an In-
dian Tribe. 
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(19) WHITE HOUSE INTERAGENCY COUNCIL.— 
The term ‘‘White House interagency council’’ means 
the White House Environmental Justice Interagency 
Council described in section 8. 
SEC. 4. PROHIBITED DISCRIMINATION. 
Section 601 of the Civil Rights Act of 1964 (42 
U.S.C. 2000d) is amended— 
(1) by striking ‘‘No’’ and inserting ‘‘(a) No’’; 
and 
(2) by adding at the end the following: 
‘‘(b)(1)(A) Discrimination (including exclusion from 
participation and denial of benefits) based on disparate 
impact is established under this title if— 
‘‘(i) an entity subject to this title (referred to 
in this subsection as a ‘covered entity’) has a pro-
gram, policy, practice, or activity that causes a dis-
parate impact on the basis of race, color, or national 
origin and the covered entity fails to demonstrate 
that the challenged program, policy, practice, or ac-
tivity is related to and necessary to achieve the non-
discriminatory goal of the program, policy, practice, 
or activity alleged to have been operated in a dis-
criminatory manner; or 
‘‘(ii) a less discriminatory alternative program, 
policy, practice, or activity exists, and the covered 
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entity refuses to adopt such alternative program, 
policy, practice, or activity. 
‘‘(B) With respect to demonstrating that a particular 
program, policy, practice, or activity does not cause a dis-
parate impact, the covered entity shall demonstrate that 
each particular challenged program, policy, practice, or ac-
tivity does not cause a disparate impact, except that if 
the covered entity demonstrates to the courts that the ele-
ments of the covered entity’s decision-making process are 
not capable of separation for analysis, the decision-making 
process may be analyzed as 1 program, policy, practice, 
or activity. 
‘‘(2) A demonstration that a program, policy, 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. 
‘‘(3) In this subsection— 
‘‘(A) the term ‘demonstrates’ means to meet 
the burdens of going forward with the evidence and 
of persuasion; and 
‘‘(B) the term ‘disparate impact’ has the mean-
ing given the term in section 3 of the Environmental 
Justice For All Act. 
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‘‘(c) No person in the United States shall be sub-
jected to discrimination, including retaliation or intimida-
tion, because such person opposed any program, policy, 
practice, or activity prohibited by this title, or because 
such person made a charge, testified, assisted, or partici-
pated in any manner in an investigation, proceeding, or 
hearing under this title.’’. 
SEC. 5. RIGHT OF ACTION. 
(a) IN GENERAL.—Section 602 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d–1) is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Each Federal de-
partment and agency which is empowered’’; and 
(2) by adding at the end the following: 
‘‘(b) Any person aggrieved by the failure to comply 
with this title, including any regulation promulgated pur-
suant to this title, may file suit in any district court of 
the United States having jurisdiction of the parties, with-
out respect to the amount in controversy and without re-
gard to the citizenship of the parties.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—This section, including the 
amendments made by this section, takes effect on 
the date of enactment of this Act. 
(2) APPLICATION.—This section, including the 
amendments made by this section, applies to all ac-
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tions or proceedings pending on or after the date of 
enactment of this Act. 
SEC. 6. RIGHTS OF RECOVERY. 
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 
2000d et seq.) is amended by inserting after section 602 
the following: 
‘‘SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS. 
‘‘(a) CLAIMS BASED ON PROOF OF INTENTIONAL 
DISCRIMINATION.—In an action brought by an aggrieved 
person under this title against an entity subject to this 
title (referred to in this section as a ‘covered entity’) who 
has engaged in unlawful intentional discrimination (not a 
practice that is unlawful because of its disparate impact) 
prohibited under this title (including its implementing 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 
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 entity 
who has engaged in unlawful discrimination based on dis-
parate impact prohibited under this title (including imple-
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menting regulations), the aggrieved person may recover 
attorney’s fees (including expert fees), and costs of the 
action. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) AGGRIEVED
PERSON.—The term ‘ag-
grieved person’ means a person aggrieved by dis-
crimination on the basis of race, color, or national 
origin. 
‘‘(2) DISPARATE IMPACT.—The term ‘disparate 
impact’ has the meaning given the term in section 
3 of the Environmental Justice For All Act.’’. 
SEC. 7. 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)— 
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(A) in paragraph (1)— 
(i) by striking ‘‘upon condition that 
such discharge will meet either (A) all’’ 
and inserting the following: ‘‘subject to the 
conditions that— 
‘‘(A) the discharge will achieve compliance 
with, as applicable— 
‘‘(i) all’’; 
(ii) by striking ‘‘403 of this Act, or 
(B) prior’’ and inserting the following: 
‘‘403; or 
‘‘(ii) prior’’; and 
(iii) by striking ‘‘this Act.’’ and 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 
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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 
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 
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‘‘(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)— 
(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.’’. 
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(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:’’; 
(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 to a public 
health or environmental risk, or other effect occur-
ring in a specific geographical area, including from 
an emission, discharge, 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 
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‘‘(ii) as assessed based on the com-
bined past, present, and reasonably fore-
seeable emissions and discharges affecting 
the geographical area; and 
‘‘(B) evaluated taking into account sen-
sitive populations and other factors that may 
heighten vulnerability to environmental pollu-
tion and associated health risks, including so-
cioeconomic characteristics.’’. 
(2) PERMIT PROGRAMS.—Section 502(b) of the 
Clean Air Act (42 U.S.C. 7661a(b)) is amended— 
(A) in paragraph (5)— 
(i) in subparagraphs (A) and (C), by 
striking ‘‘assure’’ each place it appears and 
inserting ‘‘ensure’’; and 
(ii) by striking subparagraph (F) and 
inserting the following: 
‘‘(F) ensure that no permit will be issued 
or renewed, as applicable, if— 
‘‘(i) with respect to an application for 
a permit or renewal of a permit for a 
major source, the permitting authority de-
termines under paragraph (9)(A)(i)(II)(bb) 
that the terms and conditions of the per-
mit or renewal would not be sufficient to 
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ensure a reasonable certainty of no harm 
to the health of the general population, or 
to any potentially exposed or susceptible 
subpopulation, of the applicable census 
block groups or Tribal census block groups 
(as those terms are defined by the Director 
of the Bureau of the Census); or 
‘‘(ii) the Administrator objects to the 
issuance of the permit in a timely manner 
under this title.’’; and 
(B) by striking paragraph (9) and insert-
ing the following: 
‘‘(9) MAJOR SOURCES.— 
‘‘(A) IN GENERAL.—With respect to any 
permit or renewal of a permit, as applicable, for 
a major source, a requirement that the permit-
ting authority shall— 
‘‘(i) in determining whether to issue 
or renew the permit— 
‘‘(I) evaluate the potential cumu-
lative impacts of the major source, as 
described in the applicable cumulative 
impacts analysis submitted under sec-
tion 503(b)(3), taking into consider-
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‘‘(bb) if the permitting au-
thority determines that standards 
and requirements described in 
item (aa) would not be sufficient 
to ensure a reasonable certainty 
of no such harm, deny the 
issuance or renewal of the per-
mit; 
‘‘(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 for All Act; 
‘‘(IV) if the permitting authority 
determines under subclause (III) that 
the applicant is a persistent violator 
and the permitting authority does not 
deny the issuance or renewal of the 
permit 
pursuant 
to 
subclause 
(II)(bb)— 
‘‘(aa) require the applicant 
to submit a plan that describes— 
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‘‘(AA) if the applicant 
is not in compliance with 
this Act, measures the appli-
cant 
will 
carry 
out 
to 
achieve that compliance, to-
gether with an approximate 
deadline for that achieve-
ment; 
‘‘(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 
preparing the plan to con-
sult or negotiate with the 
communities 
affected 
by 
each persistent violation ad-
dressed in the plan; and 
‘‘(bb) once such a plan is 
submitted, determine whether the 
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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 plan; 
and 
‘‘(V) deny the issuance or re-
newal of the permit if the permitting 
authority determines that— 
‘‘(aa) the plan submitted 
under subclause (IV)(aa) is inad-
equate; or 
‘‘(bb)(AA) the applicant has 
submitted a plan on a prior occa-
sion, but continues to be a per-
sistent violator; and 
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‘‘(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 permit 
revisions in accordance with subparagraph 
(B). 
‘‘(B) REVISION REQUIREMENTS.— 
‘‘(i) DEADLINE.—A revision described 
in subparagraph (A)(ii) shall occur as ex-
peditiously as practicable and consistent 
with the procedures established under 
paragraph (6) but not later than 18 
months after the promulgation of such 
standards and regulations. 
‘‘(ii) EXCEPTION.—A revision under 
this paragraph shall not be required if the 
effective date of the standards or regula-
tions is a date after the expiration of the 
permit term. 
‘‘(iii) TREATMENT
AS
RENEWAL.—A 
permit revision under this paragraph shall 
be treated as a permit renewal if it com-
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plies with the requirements of this title re-
garding renewals.’’. 
(3) PERMIT APPLICATIONS.—Section 503(b) of 
the Clean Air Act (42 U.S.C. 7661b(b)) is amended 
by adding at the end the following: 
‘‘(3) MAJOR SOURCE ANALYSES.—The 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 block group or Tribal census block group (as 
those terms are defined by the Director of the Bu-
reau of the Census) located in, or immediately adja-
cent 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 
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112) from the major source, including in com-
bination with existing sources of pollutants; 
‘‘(C) the potential effects on soil quality 
and water quality of emissions of lead and other 
air pollutants that could contaminate soil or 
water from the major source, including in com-
bination with existing sources of pollutants; and 
‘‘(D) public health and any potential ef-
fects on public health from the major source.’’. 
SEC. 8. WHITE HOUSE ENVIRONMENTAL JUSTICE INTER-
AGENCY COUNCIL. 
(a) IN GENERAL.—The President shall maintain 
within the Executive Office of the President a White 
House Environmental Justice Interagency Council. 
(b) PURPOSES.—The purposes of the White House 
interagency council are— 
(1) to improve coordination and collaboration 
among Federal agencies and to help advise and as-
sist Federal agencies in identifying and addressing, 
as appropriate, the disproportionate human health 
and environmental effects of Federal programs, poli-
cies, practices, and activities on communities of 
color, low-income communities, and Tribal and In-
digenous communities; 
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(II) review each project proposal 
submitted under subclause (I) on a 
timeline established by the Secretary. 
(ii) 
REQUIRED
ELEMENTS
FOR 
PROJECT
PROPOSAL.—A project proposal 
submitted under clause (i)(I) shall in-
clude— 
(I) a statement of the purposes 
of the project; 
(II) the name of the entity or in-
dividual with overall responsibility for 
the project; 
(III) a description of the quali-
fications of the entity or individuals 
identified under subclause (II); 
(IV) a description of— 
(aa) 
staffing 
and 
stake-
holder 
engagement 
for 
the 
project; 
(bb) the logistics of the 
project; and 
(cc) anticipated outcomes of 
the project; 
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