I 
118TH CONGRESS 
1ST SESSION H. R. 1705 
To restore, reaffirm, and reconcile environmental justice and civil rights, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 22, 2023 
Mr. GRIJALVA (for himself, Ms. LEE of California, Ms. SCHAKOWSKY, Mr. 
ESPAILLAT, Ms. BARRAGA´N, Ms. TLAIB, Ms. MENG, Ms. JAYAPAL, Mr. 
KHANNA, Ms. DEGETTE, Mrs. BEATTY, Ms. BUSH, Mr. SCOTT of Vir-
ginia, Mr. NADLER, Ms. ESCOBAR, Ms. CASTOR of Florida, Mr. CON-
NOLLY, Ms. BROWNLEY, Ms. STANSBURY, Mrs. NAPOLITANO, Mr. 
HUFFMAN, Mr. NEGUSE, Ms. OCASIO-CORTEZ, Ms. VELA´ZQUEZ, Ms. 
PORTER, Mr. GOMEZ, Mr. BOWMAN, Ms. TOKUDA, Ms. KAMLAGER- 
DOVE, Mr. CASAR, Mr. MCGOVERN, Mr. MFUME, Ms. KELLY of Illinois, 
Ms. MCCOLLUM, Mrs. MCCLELLAN, and Ms. JACKSON LEE) introduced 
the following bill; which was referred to the Committee on Energy and 
Commerce, and in addition to the Committees on Natural Resources, the 
Judiciary, Transportation and Infrastructure, Agriculture, and Education 
and the Workforce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the 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, 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘A. 
Donald McEachin Environmental Justice For All Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings; statement of policy. 
Sec. 3. Definitions. 
Sec. 4. Prohibited discrimination. 
Sec. 5. Right of action. 
Sec. 6. Rights of recovery. 
Sec. 7. Consideration of cumulative impacts and persistent violations in certain 
permitting decisions. 
Sec. 8. White House Environmental Justice Interagency Council. 
Sec. 9. Federal agency actions and responsibilities. 
Sec. 10. Ombuds. 
Sec. 11. Access to parks, outdoor spaces, and public recreation opportunities. 
Sec. 12. Transit to trails grant program. 
Sec. 13. Repeal of sunset for the Every Kid Outdoors program. 
Sec. 14. Protections for environmental justice communities against harmful 
Federal actions. 
Sec. 15. Strengthening Community Protections under the National Environ-
mental Policy Act. 
Sec. 16. Training of employees of Federal agencies. 
Sec. 17. Environmental justice grant programs. 
Sec. 18. Environmental justice basic training program. 
Sec. 19. National Environmental Justice Advisory Council. 
Sec. 20. Environmental Justice Clearinghouse. 
Sec. 21. Public meetings. 
Sec. 22. Environmental projects for environmental justice communities. 
Sec. 23. Grants to further achievement of Tribal coastal zone objectives. 
Sec. 24. Cosmetic labeling. 
Sec. 25. Safer cosmetic alternatives for disproportionately impacted commu-
nities. 
Sec. 26. Safer child care centers, schools, and homes for disproportionately im-
pacted communities. 
Sec. 27. Certain menstrual products misbranded if labeling does not include in-
gredients. 
Sec. 28. Support by National Institute of Environmental Health Sciences for 
research on health disparities impacting communities of color. 
Sec. 29. Revenues for just transition assistance. 
Sec. 30. Economic revitalization for fossil fuel-dependent communities. 
Sec. 31. Evaluation by Comptroller General of the United States. 
SEC. 2. FINDINGS; STATEMENT OF POLICY. 
(a) FINDINGS.—Congress finds the following: 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(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-
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-
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
tice communities to be meaningfully engaged as 
partners and stakeholders in government decision 
making as the United States builds its climate resil-
ience. 
(5) Potential environmental and climate threats 
to environmental justice communities merit a higher 
level of engagement, review, and consent to ensure 
that communities are not forced to bear dispropor-
tionate environmental and health impacts. 
(6) The burden of proof that a proposed action 
will not harm communities, including through cumu-
lative exposure effects, should fall on polluting in-
dustries and on the Federal Government in its regu-
latory role, not the communities themselves. 
(7) Executive Order 12898 (42 U.S.C. 4321 
note; relating to Federal actions to address environ-
mental justice in minority populations and low-in-
come populations) directs Federal agencies to ad-
dress disproportionately high and adverse human 
health or environmental effects of its programs, but 
Federal agencies have been inconsistent in updating 
their strategic plans for environmental justice and 
reporting on their progress in enacting those plans. 
(8) Government action to correct environmental 
injustices is a moral imperative. Federal policy can 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
and should improve public health and improve the 
overall well-being of all communities. 
(9) All people have the right to breathe clean 
air, drink clean water, live free of dangerous levels 
of toxic pollution, and share the benefits of a 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 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
health or environmental effects of its programs, poli-
cies, practices, and activities on communities of 
color, low-income communities, and Tribal and In-
digenous communities in each State and territory of 
the United States; 
(2) promote meaningful involvement by commu-
nities and due process in the development, imple-
mentation, and enforcement of environmental laws; 
(3) provide direct guidance and technical assist-
ance to communities experiencing environmental in-
justice focused on increasing shared understanding 
of the science, laws, regulations, and policy related 
to Federal agency action on environmental justice 
issues; 
(4) cooperate with State governments, Indian 
Tribes, and local governments to address pollution 
and public health burdens in communities experi-
encing environmental injustice, and build healthy, 
sustainable, and resilient communities; and 
(5) recognize the right of all people to clean air, 
safe and affordable drinking water, protection from 
climate hazards, and the sustainable preservation of 
the ecological integrity and aesthetic, scientific, cul-
tural, and historical values of the natural environ-
ment. 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
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 19. 
(3) CLEARINGHOUSE.—The term ‘‘Clearing-
house’’ means the Environmental Justice Clearing-
house established by the Administrator under section 
20. 
(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. 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(H) Linguistically isolated. 
(I) Middle Eastern and North African. 
(5) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the National Institute of Environ-
mental Health Sciences. 
(6) DISPARATE IMPACT.—The term ‘‘disparate 
impact’’ means an action or practice that, even if 
appearing neutral, actually has the effect of sub-
jecting persons to discrimination on the basis of 
race, color, or national origin. 
(7) DISPROPORTIONATE BURDEN OF ADVERSE 
HUMAN HEALTH OR ENVIRONMENTAL EFFECTS.— 
The term ‘‘disproportionate burden of adverse 
human health or environmental effects’’ means a sit-
uation where there exists higher or more adverse 
human health or environmental effects on commu-
nities of color, low-income communities, and Tribal 
and Indigenous communities. 
(8) ENVIRONMENTAL JUSTICE.—The term ‘‘en-
vironmental justice’’ means the fair treatment and 
meaningful involvement of all people regardless of 
race, color, culture, national origin, or income, with 
respect to the development, implementation, and en-
forcement of environmental laws, regulations, and 
policies to ensure that each person enjoys— 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) the same degree of protection from en-
vironmental and health hazards; and 
(B) equal access and involvement with re-
spect to any Federal agency action on environ-
mental 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.); 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(E) the Pollution Prevention Act of 1990 
(42 U.S.C. 13101 et seq.); 
(F) the Safe Drinking Water Act (42 
U.S.C. 300f et seq.); 
(G) the Solid Waste Disposal Act (42 
U.S.C. 6901 et seq.); 
(H) the Federal Insecticide, Fungicide, 
and Rodenticide Act (7 U.S.C. 136 et seq.); 
(I) the Toxic Substances Control Act (15 
U.S.C. 2601 et seq.); 
(J) the American Indian Religious Free-
dom Act (42 U.S.C. 1996 et seq.); and 
(K) the National Historic Preservation Act 
of 1966 (16 U.S.C. 470 et seq.). 
(11) FAIR TREATMENT.—The term ‘‘fair treat-
ment’’ means the conduct of a program, policy, prac-
tice, or activity by a Federal agency in a manner 
that ensures that no group of individuals (including 
racial, ethnic, or socioeconomic groups) experience a 
disproportionate burden of adverse human health or 
environmental effects resulting from such program, 
policy, practice, or activity, as determined through 
consultation with, and with the meaningful partici-
pation of, individuals from the communities affected 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
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— 
(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. 
(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— 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) an amount equal to 80 percent of the 
median income of the area in which the house-
hold is located, as reported by the Department 
of Housing and Urban Development; and 
(B) 200 percent of the Federal poverty 
line. 
(15) POPULATION.—The term ‘‘population’’ 
means a census block group or series of geographi-
cally contiguous blocks representing certain common 
characteristics, such as race, ethnicity, national ori-
gin, income level, health disparities, or other public 
health and socioeconomic attributes. 
(16) STATE.—The term ‘‘State’’ means— 
(A) any State of the United States; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) the United States Virgin Islands; 
(E) Guam; 
(F) American Samoa; and 
(G) the Commonwealth of the Northern 
Mariana Islands. 
(17) TRIBAL AND INDIGENOUS COMMUNITY.— 
The term ‘‘Tribal and Indigenous community’’ 
means a population of people who are members of— 
(A) a federally recognized Indian Tribe; 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(B) a State-recognized Indian Tribe; 
(C) an Alaska Native community or orga-
nization; 
(D) a Native Hawaiian community or or-
ganization; or 
(E) any other Indigenous community lo-
cated in a State. 
(18) WHITE HOUSE INTERAGENCY COUNCIL.— 
The term ‘‘White House interagency council’’ means 
the White House Environmental Justice Interagency 
Council described in section 8. 
(19) 
TRIBAL
ORGANIZATIONS.—The 
term 
‘‘Tribal Organizations’’ means organizations that 
are— 
(A) defined in section 4 of the Indian Self- 
Determination and Education Assistance Act 
(25 U.S.C. 450b); 
(B) Native Hawaiian Organizations or Na-
tive Hawaiian Non-Profit Organizations as de-
fined in section 2 of the Native American 
Graves Protection and Repatriation Act (25 
U.S.C. 3001); or 
(C) Urban Indian Organizations as defined 
in the Indian Health Care Improvement Act 
(25 U.S.C. 1603(29)). 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 4. PROHIBITED DISCRIMINATION. 
Section 601 of the Civil Rights Act of 1964 (42 
U.S.C. 2000d) is amended— 
(1) by striking ‘‘No’’ and inserting ‘‘(a) No’’; 
and 
(2) by adding at the end the following: 
‘‘(b)(1)(A) Discrimination (including exclusion from 
participation and denial of benefits) based on disparate 
impact is established under this title if— 
‘‘(i) an entity subject to this title (referred to 
in this subsection as a ‘covered entity’) has a pro-
gram, policy, practice, or activity that causes a dis-
parate impact on the basis of race, color, or national 
origin and the covered entity fails to demonstrate 
that the challenged program, policy, practice, or ac-
tivity is related to and necessary to achieve the non-
discriminatory goal of the program, policy, practice, 
or activity alleged to have been operated in a dis-
criminatory manner; or 
‘‘(ii) a less discriminatory alternative program, 
policy, practice, or activity exists, and the covered 
entity refuses to adopt such alternative program, 
policy, practice, or activity. 
‘‘(B) With respect to demonstrating that a particular 
program, policy, practice, or activity does not cause a dis-
parate impact, the covered entity shall demonstrate that 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
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 A. Donald 
McEachin Environmental Justice For All Act. 
‘‘(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-
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
pated in any manner in an investigation, proceeding, or 
hearing under this title.’’. 
SEC. 5. RIGHT OF ACTION. 
(a) IN GENERAL.—Section 602 of the Civil Rights 
Act of 1964 (42 U.S.C. 2000d–1) is amended— 
(1) by inserting ‘‘(a)’’ before ‘‘Each Federal de-
partment and agency which is empowered’’; and 
(2) by adding at the end the following: 
‘‘(b) Any person aggrieved by the failure to comply 
with this title, including any regulation promulgated pur-
suant to this title, may file suit in any district court of 
the United States having jurisdiction of the parties, with-
out respect to the amount in controversy and without re-
gard to the citizenship of the parties.’’. 
(b) EFFECTIVE DATE.— 
(1) IN GENERAL.—This section, including the 
amendments made by this section, takes effect on 
the date of enactment of this Act. 
(2) APPLICATION.—This section, including the 
amendments made by this section, applies to all ac-
tions or proceedings pending on or after the date of 
enactment of this Act. 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
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-
menting regulations), the aggrieved person may recover 
attorney’s fees (including expert fees), and costs of the 
action. 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) AGGRIEVED
PERSON.—The term ‘ag-
grieved person’ means a person aggrieved by dis-
crimination on the basis of race, color, or national 
origin. 
‘‘(2) DISPARATE IMPACT.—The term ‘disparate 
impact’ has the meaning given the term in section 
3 of the A. Donald McEachin Environmental Justice 
For All Act.’’. 
SEC. 7. CONSIDERATION OF CUMULATIVE IMPACTS AND 
PERSISTENT VIOLATIONS IN CERTAIN PER-
MITTING DECISIONS. 
(a) FEDERAL WATER POLLUTION CONTROL ACT.— 
Section 402 of the Federal Water Pollution Control Act 
(33 U.S.C. 1342) is amended— 
(1) by striking the section designation and 
heading and all that follows through ‘‘Except as’’ in 
subsection (a)(1) and inserting the following: 
‘‘SEC. 402. NATIONAL POLLUTANT DISCHARGE ELIMI-
NATION SYSTEM. 
‘‘(a) PERMITS ISSUED BY ADMINISTRATOR.— 
‘‘(1) IN GENERAL.—Except as’’; 
(2) in subsection (a)— 
(A) in paragraph (1)— 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(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 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
population, or to any potentially exposed or 
susceptible subpopulation; or 
‘‘(ii) if the Administrator determines 
that, due to those potential cumulative im-
pacts, there does not exist a reasonable 
certainty of no harm to the health of the 
general population, or to any potentially 
exposed or susceptible subpopulation, the 
permit or renewal includes such terms and 
conditions as the Administrator determines 
to be necessary to ensure a reasonable cer-
tainty of no harm.’’; and 
(B) in paragraph (2), by striking ‘‘assure 
compliance with the requirements of paragraph 
(1) of this subsection, including conditions on 
data and information collection, reporting, and 
such other requirements as he deems appro-
priate.’’ and inserting the following: ‘‘ensure 
compliance with the requirements of paragraph 
(1), including— 
‘‘(A) conditions relating to— 
‘‘(i) data and information collection; 
‘‘(ii) reporting; and 
‘‘(iii) such other requirements as the Ad-
ministrator determines to be appropriate; and 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(B) additional controls or pollution prevention 
requirements.’’; and 
(3) in subsection (b)— 
(A) in each of paragraphs (1)(D), (2)(B), 
and (3) through (7), by striking the semicolon 
at the end and inserting a period; 
(B) in paragraph (8), by striking ‘‘; and’’ 
at the end and inserting a period; and 
(C) by adding at the end the following: 
‘‘(10) To ensure that no permit will be issued or re-
newed if, with respect to an application for the permit, 
the State determines, based on an analysis by the State 
of existing water quality and the potential cumulative im-
pacts (as defined in section 501 of the Clean Air Act (42 
U.S.C. 7661)) of the discharge, considered in conjunction 
with the designated and actual uses of the impacted navi-
gable water, that the terms and conditions of the permit 
or renewal would not be sufficient to ensure a reasonable 
certainty of no harm to the health of the general popu-
lation, or to any potentially exposed or susceptible sub-
population.’’. 
(b) CLEAN AIR ACT.— 
(1) DEFINITIONS.—Section 501 of the Clean 
Air Act (42 U.S.C. 7661) is amended— 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) in the matter preceding paragraph (1), 
by striking ‘‘As used in this title—’’ and insert-
ing ‘‘In this title:’’; 
(B) by redesignating paragraphs (2), (3), 
and (4) as paragraphs (3), (5), and (4), respec-
tively, and moving the paragraphs so as to ap-
pear in numerical order; and 
(C) by inserting after paragraph (1) the 
following: 
‘‘(2) CUMULATIVE IMPACTS.—The term ‘cumu-
lative impacts’ means any exposure to a public 
health or environmental risk, or other effect occur-
ring in a specific geographical area, including from 
an emission, discharge, or release— 
‘‘(A) including— 
‘‘(i) 
environmental 
pollution 
re-
leased— 
‘‘(I)(aa) routinely; 
‘‘(bb) accidentally; or 
‘‘(cc) otherwise; and 
‘‘(II) from any source, whether 
single or multiple; and 
‘‘(ii) as assessed based on the com-
bined past, present, and reasonably fore-
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
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 
ensure a reasonable certainty of no harm 
to the health of the general population, or 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
to any potentially exposed or susceptible 
subpopulation, of the applicable census 
block groups or Tribal census block groups 
(as those terms are defined by the Director 
of the Bureau of the Census); or 
‘‘(ii) the Administrator objects to the 
issuance of the permit in a timely manner 
under this title.’’; and 
(B) by striking paragraph (9) and insert-
ing the following: 
‘‘(9) MAJOR SOURCES.— 
‘‘(A) IN GENERAL.—With respect to any 
permit or renewal of a permit, as applicable, for 
a major source, a requirement that the permit-
ting authority shall— 
‘‘(i) in determining whether to issue 
or renew the permit— 
‘‘(I) evaluate the potential cumu-
lative impacts of the major source, as 
described in the applicable cumulative 
impacts analysis submitted under sec-
tion 503(b)(3), taking into consider-
ation other pollution sources and risk 
factors within a community; 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(II) if, due to those potential 
cumulative impacts, the permitting 
authority cannot determine that there 
exists a reasonable certainty of no 
harm to the health of the general pop-
ulation, or to any potentially exposed 
or susceptible subpopulation, of any 
census block groups or Tribal census 
block groups (as those terms are de-
fined by the Director of the Bureau of 
the Census) located in, or immediately 
adjacent to, the area in which the 
major source is, or is proposed to be, 
located— 
‘‘(aa) include in the permit 
or renewal such standards and 
requirements 
(including 
addi-
tional controls or pollution pre-
vention requirements) as the per-
mitting authority determines to 
be necessary to ensure a reason-
able certainty of no such harm; 
or 
‘‘(bb) if the permitting au-
thority determines that standards 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
and requirements described in 
item (aa) would not be sufficient 
to ensure a reasonable certainty 
of no such harm, deny the 
issuance or renewal of the per-
mit; 
‘‘(III) determine whether the ap-
plicant is a persistent violator, based 
on such criteria relating to the history 
of compliance by an applicant with 
this Act as the Administrator shall es-
tablish by not later than 180 days 
after the date of enactment of the A. 
Donald McEachin Environmental Jus-
tice For All Act; 
‘‘(IV) if the permitting authority 
determines under subclause (III) that 
the applicant is a persistent violator 
and the permitting authority does not 
deny the issuance or renewal of the 
permit 
pursuant 
to 
subclause 
(II)(bb)— 
‘‘(aa) require the applicant 
to submit a plan that describes— 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
plan is adequate to ensuring that 
the applicant— 
‘‘(AA) will achieve com-
pliance with this Act expedi-
tiously; 
‘‘(BB) will remain in 
compliance with this Act; 
‘‘(CC) will mitigate the 
environmental and health ef-
fects of noncompliance; and 
‘‘(DD) has solicited and 
responded 
to 
community 
input regarding the plan; 
and 
‘‘(V) deny the issuance or re-
newal of the permit if the permitting 
authority determines that— 
‘‘(aa) the plan submitted 
under subclause (IV)(aa) is inad-
equate; or 
‘‘(bb)(AA) the applicant has 
submitted a plan on a prior occa-
sion, but continues to be a per-
sistent violator; and 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(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-
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
plies with the requirements of this title re-
garding renewals.’’. 
(3) PERMIT APPLICATIONS.—Section 503(b) of 
the Clean Air Act (42 U.S.C. 7661b(b)) is amended 
by adding at the end the following: 
‘‘(3) MAJOR SOURCE ANALYSES.—The regula-
tions required by section 502(b) shall include a re-
quirement that an applicant for a permit or renewal 
of a permit for a major source shall submit, together 
with the compliance plan required under this sub-
section, a cumulative impacts analysis for each cen-
sus block group or Tribal census block group (as 
those terms are defined by the Director of the Bu-
reau of the Census) located in, or immediately adja-
cent to, the area in which the major source is, or is 
proposed to be, located that analyzes— 
‘‘(A) community demographics and loca-
tions of community exposure points, such as 
schools, day care centers, nursing homes, hos-
pitals, health clinics, places of religious worship, 
parks, playgrounds, and community centers; 
‘‘(B) air quality and the potential effect on 
that air quality of emissions of air pollutants 
(including pollutants listed under section 108 or 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
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; 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(2) to promote meaningful involvement and due 
process in the development, implementation, and en-
forcement of environmental laws; 
(3) to coordinate with, and provide direct guid-
ance and technical assistance to, environmental jus-
tice communities, with a focus on capacity building 
and increasing community understanding of the 
science, regulations, and policy related to Federal 
agency actions on environmental justice issues; 
(4) to address environmental health, pollution, 
and public health burdens in environmental justice 
communities, and build healthy, sustainable, and re-
silient communities; and 
(5) to develop and update a strategy to address 
current and historical environmental injustice, in 
consultation with the National Environmental Jus-
tice Advisory Council and local environmental justice 
leaders, that includes— 
(A) clear performance metrics to ensure 
accountability; and 
(B) an annually published public perform-
ance scorecard on the implementation of the 
White House interagency council. 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(c) COMPOSITION.—The White House interagency 
council shall be composed of members as follows (or their 
designee): 
(1) The Secretary of Agriculture. 
(2) The Secretary of Commerce. 
(3) The Secretary of Defense. 
(4) The Secretary of Education. 
(5) The Secretary of Energy. 
(6) The Secretary of Health and Human Serv-
ices. 
(7) The Secretary of Homeland Security. 
(8) The Secretary of Housing and Urban Devel-
opment. 
(9) The Secretary of the Interior. 
(10) The Attorney General. 
(11) The Secretary of Labor. 
(12) The Secretary of Transportation. 
(13) The Administrator of the Environmental 
Protection Agency. 
(14) The Director of the Office of Management 
and Budget. 
(15) The Director of the Office of Science and 
Technology Policy. 
(16) The Deputy Assistant to the President for 
Environmental Policy. 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(17) The Assistant to the President for Domes-
tic Policy. 
(18) The Director of the National Economic 
Council. 
(19) The Chairperson of the Council on Envi-
ronmental Quality. 
(20) The Chairperson of the Council of Eco-
nomic Advisers. 
(21) The Director of the National Institutes of 
Health. 
(22) The Director of the Office of Environ-
mental Justice. 
(23) The Chairperson of the Consumer Product 
Safety Commission. 
(24) The Chairperson of the Chemical Safety 
Board. 
(25) The Director of the National Park Service. 
(26) The Assistant Secretary of the Bureau of 
Indian Affairs. 
(27) The Chairperson of the National Environ-
mental Justice Advisory Council. 
(28) The head of any other agency that the 
President may designate. 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(d) GOVERNANCE.—The Chairperson of the Council 
on Environmental Quality shall serve as Chairperson of 
the White House interagency council. 
(e) REPORTING TO PRESIDENT.—The White House 
interagency council shall report to the President through 
the Chairperson of the Council on Environmental Quality. 
(f) UNIFORM CONSIDERATION GUIDANCE.— 
(1) IN GENERAL.—To ensure that there is a 
common level of understanding of terminology used 
in dealing with environmental justice issues, not 
later than 1 year after the date of enactment of this 
Act, after coordinating with and conducting outreach 
to environmental justice communities, State govern-
ments, Indian Tribes, and local governments, the 
White House interagency council shall develop and 
publish in the Federal Register a guidance document 
to assist Federal agencies in defining and applying 
the following terms: 
(A) Health disparities. 
(B) Environmental exposure disparities. 
(C) Demographic characteristics, including 
age, sex, and race or ethnicity. 
(D) Social stressors, including poverty, 
housing quality, access to health care, edu-
cation, immigration status, linguistic isolation, 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
historical trauma, and lack of community re-
sources. 
(E) Cumulative impacts or risks. 
(F) Community vulnerability or suscepti-
bility to adverse human health and environ-
mental effects (including climate change). 
(G) Barriers to meaningful involvement in 
the development, implementation, and enforce-
ment of environmental laws. 
(H) Community capacity to address envi-
ronmental concerns, including the capacity to 
obtain equitable access to environmental amen-
ities. 
(2) PUBLIC COMMENT.—For a period of not 
less than 30 days, the White House interagency 
council shall seek public comment on the guidance 
document developed under paragraph (1). 
(3) DOCUMENTATION.—Not later than 90 days 
after the date of publication of the guidance docu-
ment under paragraph (1), the head of each Federal 
agency participating in the White House interagency 
council shall document the ways in which the Fed-
eral agency will incorporate guidance from the docu-
ment into the environmental justice strategy of the 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
Federal agency developed and finalized under section 
9(b). 
(g) DEVELOPMENT OF INTERAGENCY FEDERAL EN-
VIRONMENTAL JUSTICE STRATEGY.— 
(1) IN
GENERAL.—Not less frequently than 
once every 3 years, after notice and opportunity for 
public comment, the White House interagency coun-
cil shall update a coordinated interagency Federal 
environmental justice strategy to address current 
and historical environmental injustice. 
(2) DEVELOPMENT OF STRATEGY.—In carrying 
out paragraph (1), the White House interagency 
council shall— 
(A) consider the most recent environmental 
justice strategy of each Federal agency that 
participates in the White House interagency 
council that is developed and finalized under 
section 9(b); 
(B) consult with the National Environ-
mental Justice Advisory Council and local envi-
ronmental justice leaders; and 
(C) include in the interagency Federal en-
vironmental justice strategy clear performance 
metrics to ensure accountability. 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(3) ANNUAL PERFORMANCE SCORECARD.—The 
White House interagency council shall annually pub-
lish a public performance scorecard on the imple-
mentation of the interagency Federal environmental 
justice strategy. 
(h) SUBMISSION OF REPORT TO PRESIDENT.— 
(1) IN
GENERAL.—Not later than 180 days 
after updating the interagency Federal environ-
mental justice strategy under subsection (g)(1), the 
White House interagency council shall submit to the 
President a report that contains— 
(A) a description of the implementation of 
the interagency Federal environmental justice 
strategy; and 
(B) a copy of the finalized environmental 
justice strategy of each Federal agency that 
participates in the White House interagency 
council that is developed and finalized under 
section 9(b). 
(2) PUBLIC AVAILABILITY.—The head of each 
Federal agency that participates in the White House 
interagency council shall make the report described 
in paragraph (1) available to the public (including 
by posting a copy of the report on the website of 
each Federal agency). 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(i) ADMINISTRATION.— 
(1) OFFICE OF ADMINISTRATION.—The Office 
of Administration within the Executive Office of the 
President shall provide funding and administrative 
support for the White House interagency council, to 
the extent permitted by law and within existing ap-
propriations. 
(2) OTHER
AGENCIES.—To the extent per-
mitted by law, including section 1535 of title 31, 
United States Code (commonly known as the ‘‘Econ-
omy Act’’), and subject to the availability of appro-
priations, the Secretary of Labor, the Secretary of 
Transportation, and the Administrator of the Envi-
ronmental Protection Agency shall provide adminis-
trative support for the White House interagency 
council, as necessary. 
(j) MEETINGS AND STAFF.— 
(1) CHAIRPERSON.—The Chairperson of the 
Council on Environmental Quality shall— 
(A) convene regular meetings of the White 
House interagency council; 
(B) determine the agenda of the White 
House interagency council in accordance with 
this section; and 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(C) direct the work of the White House 
interagency council. 
(2) EXECUTIVE
DIRECTOR.—The Chairperson 
of the Council on Environmental Quality shall des-
ignate an Executive Director of the White House 
interagency council, who shall coordinate the work 
of, and head any staff assigned to, the White House 
interagency council. 
(k) OFFICERS.—To facilitate the work of the White 
House interagency council, the head of each agency de-
scribed in subsection (c) shall assign a designated official 
within the agency to be an Environmental Justice Officer, 
with the authority— 
(1) to represent the agency on the White House 
interagency council; and 
(2) to perform such other duties relating to the 
implementation of this section within the agency as 
the head of the agency determines to be appropriate. 
(l) ESTABLISHMENT OF SUBGROUPS.—At the direc-
tion of the Chairperson of the Council on Environmental 
Quality, the White House interagency council may estab-
lish 1 or more subgroups consisting exclusively of White 
House interagency council members or their designees 
under this section, as appropriate. 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 9. FEDERAL AGENCY ACTIONS AND RESPONSIBIL-
ITIES. 
(a) CONDUCT OF PROGRAMS.—Each Federal agency 
that participates in the White House interagency council 
shall conduct each program, policy, practice, and activity 
of the Federal agency that adversely affects, or has the 
potential to adversely affect, human health or the environ-
ment in a manner that ensures that each such program, 
policy, practice, or activity does not have an effect of ex-
cluding any individual from participating in, denying any 
individual the benefits of, or subjecting any individual to 
discrimination or disparate impact under, such program, 
policy, practice, or activity of the Federal agency on the 
basis of the race, color, national origin, or income level 
of the individual. 
(b) FEDERAL AGENCY ENVIRONMENTAL JUSTICE 
STRATEGIES.— 
(1) IN GENERAL.—Not later than 2 years after 
the date of enactment of this Act, and after notice 
and opportunity for public comment, each Federal 
agency that participates in the White House inter-
agency council shall develop and finalize an agency-
wide environmental justice strategy that— 
(A) identifies staff to support implementa-
tion of the Federal agency’s environmental jus-
tice strategy; 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(B) identifies and addresses any dispropor-
tionately high or adverse human health or envi-
ronmental effects of its programs, policies, 
practices, and activities on— 
(i) communities of color; 
(ii) low-income communities; and 
(iii) Tribal and Indigenous commu-
nities; and 
(C) complies with each requirement de-
scribed in paragraph (2). 
(2) CONTENTS.—Each environmental justice 
strategy developed by a Federal agency under para-
graph (1) shall contain— 
(A) an assessment that identifies each pro-
gram, policy, practice, and activity (including 
any public participation process) of the Federal 
agency, relating to human health or the envi-
ronment that the Federal agency determines 
should be revised— 
(i) to ensure that all persons have the 
same degree of protection from environ-
mental and health hazards; 
(ii) to ensure meaningful public in-
volvement and due process in the develop-
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
ment, implementation, and enforcement of 
all Federal 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 
policy related to Federal agency action on 
environmental justice issues; 
(iv) to improve awareness of environ-
mental justice issues relating to agency ac-
tivities, including awareness among im-
pacted parents and children in environ-
mental justice communities; 
(v) to improve cooperation with State 
governments, Indian Tribes, and local gov-
ernments to address pollution and public 
health burdens in environmental justice 
communities, and build healthy, sustain-
able, and resilient communities; 
(vi) to improve Federal research and 
data collection efforts related to— 
(I) the health and environment of 
communities of color, low-income com-
munities, and Tribal and Indigenous 
communities; 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(II) climate change; and 
(III) the inequitable distribution 
of burdens and benefits of the man-
agement and use of natural resources, 
including water, minerals, and land; 
and 
(vii) to reduce or eliminate dispropor-
tionately adverse human health or environ-
mental effects on communities of color, 
low-income communities, and Tribal and 
Indigenous communities; and 
(B) a timetable for the completion of— 
(i) each revision identified under sub-
paragraph (A); and 
(ii) an assessment of the economic 
and social implications of each revision 
identified under subparagraph (A). 
(3) REPORTS.— 
(A) ANNUAL REPORTS.—Not later than 2 
years after the finalization of an environmental 
justice strategy under this subsection, and an-
nually thereafter, a Federal agency that partici-
pates in the White House interagency council 
shall submit to the White House interagency 
council a report describing the progress of the 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
Federal agency in implementing the environ-
mental justice strategy of the Federal agency. 
(B) PERIODIC
REPORTS.—In addition to 
the annual reports described in subparagraph 
(A), upon receipt of a request from the White 
House interagency council, a Federal agency 
shall submit to the White House interagency 
council a report that contains such information 
as the White House interagency council may re-
quire. 
(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 White House 
interagency council shall— 
(A) evaluate and revise the environmental 
justice strategy of the Federal agency; and 
(B) submit to the White House inter-
agency council a copy of the revised version of 
the environmental justice strategy of the Fed-
eral 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 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
in this section with respect to any program or 
activity of the Federal agency if the head of the 
Federal agency determines that complying with 
such requirement would compromise the agen-
cy’s ability to carry out its core missions. 
(B) AVAILABILITY TO PUBLIC.—Each peti-
tion submitted by a Federal agency to the 
President under subparagraph (A) shall be 
made available to the public (including through 
a description of the petition on the website of 
the Federal agency). 
(C) 
CONSIDERATION.—In 
determining 
whether to grant a petition for an exemption 
submitted by a Federal agency to the President 
under subparagraph (A), the President shall 
make a decision that reflects both the merits of 
the specific case and the broader national inter-
est in breaking cycles of environmental injus-
tice, and shall consider whether the granting of 
the petition would likely— 
(i) result in disproportionately adverse 
human health or environmental effects on 
communities of color, low-income commu-
nities, and Tribal and Indigenous commu-
nities; or 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(ii) exacerbate, or fail to ameliorate, 
any 
disproportionately 
adverse 
human 
health or environmental effect on any com-
munity of color, low-income community, or 
Tribal and Indigenous community. 
(D) APPEAL.— 
(i) IN GENERAL.—Not later than 90 
days after the date on which the President 
approves a petition under this paragraph, 
an individual may appeal the decision of 
the President to approve the petition. 
(ii) WRITTEN APPEAL.— 
(I) IN
GENERAL.—To appeal a 
decision of the President under clause 
(i), an individual shall submit a writ-
ten appeal to— 
(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 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00047
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
each reason why the exemption that is 
the subject of the petition is unneces-
sary. 
(iii) REQUIREMENT OF PRESIDENT.— 
Not later than 90 days after the date on 
which an agency or officer described in 
clause (ii)(I) receives a written appeal sub-
mitted by an individual under that clause, 
the President shall provide to the indi-
vidual a written notification describing the 
decision of the President with respect to 
the appeal. 
(c) HUMAN HEALTH
AND ENVIRONMENTAL RE-
SEARCH, DATA COLLECTION, AND ANALYSIS.— 
(1) RESEARCH.—Each Federal agency, to the 
maximum extent practicable and permitted by appli-
cable law, shall— 
(A) in conducting environmental, public ac-
cess, or human health research, include diverse 
segments of the population in epidemiological 
and clinical studies, including segments at high 
risk from environmental hazards, such as com-
munities of color, low-income communities, and 
Tribal and Indigenous communities; 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00048
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(B) in conducting environmental or human 
health analyses, identify multiple and cumu-
lative exposures, including potentially exacer-
bated risks due to current and future climate 
impacts; and 
(C) actively encourage and solicit commu-
nity-based science, and provide to communities 
of color, low-income communities, and Tribal 
and Indigenous communities the opportunity to 
comment on and participate in the development 
and design of research strategies carried out 
pursuant to this Act. 
(2) DISPROPORTIONATE IMPACT.—To the max-
imum extent practicable and permitted by applicable 
law (including section 552a of title 5, United States 
Code (commonly known as the ‘‘Privacy Act’’)), each 
Federal agency shall— 
(A) collect, maintain, and analyze informa-
tion assessing and comparing environmental 
and human health risks borne by populations 
identified by race, national origin, income, or 
other readily available and appropriate informa-
tion; and 
(B) use that information to determine 
whether the programs, policies, and activities of 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
the Federal agency have disproportionally ad-
verse human health or environmental effects on 
communities of color, low-income communities, 
and Tribal and Indigenous communities. 
(3) INFORMATION RELATING TO NON-FEDERAL 
FACILITIES.—In connection with the implementation 
of Federal agency environmental justice strategies 
under subsection (b), each Federal agency, to the 
maximum extent practicable and permitted by appli-
cable law, shall collect, maintain, and analyze infor-
mation relating to the race, national origin, and in-
come level, and other readily accessible and appro-
priate information, for communities of color, low-in-
come communities, and Tribal and Indigenous com-
munities in proximity to any facility or site expected 
to have a substantial environmental, human health, 
or economic effect on the surrounding populations, if 
the facility or site becomes the subject of a substan-
tial Federal environmental administrative or judicial 
action. 
(4) IMPACT FROM FEDERAL FACILITIES.—Each 
Federal agency, to the maximum extent practicable 
and permitted by applicable law, shall collect, main-
tain, and analyze information relating to the race, 
national origin, and income level, and other readily 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
accessible and appropriate information, for commu-
nities of color, low-income communities, and Tribal 
and Indigenous communities in proximity to any fa-
cility of the Federal agency that is— 
(A) subject to the reporting requirements 
under the Emergency Planning and Community 
Right-to-Know Act of 1986 (42 U.S.C. 11001 
et seq.), as required by Executive Order 12898 
(42 U.S.C. 4321 note; relating to Federal ac-
tions to address environmental justice in minor-
ity populations and low-income populations); 
and 
(B) expected to have a substantial environ-
mental, human health, or economic effect on 
surrounding populations. 
(d) CONSUMPTION OF FISH AND WILDLIFE.— 
(1) IN GENERAL.—Each Federal agency shall 
develop, publish (unless prohibited by law), and re-
vise, as practicable and appropriate, guidance on ac-
tions of the Federal agency that will impact fish and 
wildlife consumed by populations that principally 
rely on fish or wildlife for subsistence. 
(2) REQUIREMENT.—The guidance described in 
paragraph (1) shall— 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(A) reflect the latest scientific information 
available concerning methods for evaluating the 
human health risks associated with the con-
sumption of pollutant-bearing fish or wildlife; 
and 
(B) publish the risks of such consumption 
patterns. 
(e) MAPPING AND SCREENING TOOL.—The Adminis-
trator shall make available to the public an environmental 
justice mapping and screening tool (such as EJScreen or 
an equivalent tool) that includes, at a minimum, the fol-
lowing features: 
(1) Nationally consistent data. 
(2) Environmental data. 
(3) Demographic data, including data relating 
to race, ethnicity, and income. 
(4) Capacity to produce maps and reports by 
geographical area. 
(5) Data on national parks and other federally 
protected natural, historic, and cultural sites. 
(f) JUDICIAL REVIEW AND RIGHTS OF ACTION.— 
Any person may commence a civil action— 
(1) to seek relief from, or to compel, an agency 
action under this section (including regulations pro-
mulgated pursuant to this section); or 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
(2) otherwise to ensure compliance with this 
section (including regulations promulgated pursuant 
to this section). 
(g) INFORMATION SHARING.—In carrying out this 
section, each Federal agency, to the maximum extent 
practicable and permitted by applicable law, shall share 
information and eliminate unnecessary duplication of ef-
forts through the use of existing data systems and cooper-
ative agreements among Federal agencies and with State 
governments, local governments, and Indian Tribes. 
(h) CODIFICATION OF GUIDANCE.— 
(1) COUNCIL ON ENVIRONMENTAL QUALITY.— 
Sections II and III of the guidance issued by the 
Council on Environmental Quality entitled ‘‘Environ-
mental Justice Guidance Under the National Envi-
ronmental Policy Act’’ and dated December 10, 
1997, are enacted into law. 
(2) ENVIRONMENTAL PROTECTION AGENCY.— 
The guidance issued by the Environmental Protec-
tion Agency entitled ‘‘EPA Policy on Consultation 
and Coordination with Indian Tribes: Guidance for 
Discussing Tribal Treaty Rights’’ and dated Feb-
ruary 2016 is enacted into law. 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 10. OMBUDS. 
(a) ESTABLISHMENT.—The Administrator shall es-
tablish within the Environmental Protection Agency a po-
sition of Environmental Justice Ombuds. 
(b) 
REPORTING.—The 
Environmental 
Justice 
Ombuds shall— 
(1) report directly to the Administrator; and 
(2) not be required to report to the Office of 
Environmental Justice of the Environmental Protec-
tion Agency. 
(c) 
FUNCTIONS.—The 
Environmental 
Justice 
Ombuds shall— 
(1) in coordination with the Inspector General 
of the Environmental Protection Agency, establish 
an independent, neutral, accessible, confidential, and 
standardized process— 
(A) to receive, review, and process com-
plaints and allegations with respect to environ-
mental justice programs and activities of the 
Environmental Protection Agency; and 
(B) to assist individuals in resolving com-
plaints and allegations described in subpara-
graph (A), including training on restorative jus-
tice and conflict resolution; 
(2) identify and thereafter review, examine, and 
make recommendations to the Administrator to ad-
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
dress recurring and chronic complaints regarding 
specific environmental justice programs and activi-
ties of the Environmental Protection Agency identi-
fied by the Ombuds pursuant to paragraph (1); 
(3) review the Environmental Protection Agen-
cy’s compliance with policies and standards of the 
Environmental Protection Agency with respect to its 
environmental justice programs and activities; and 
(4) produce an annual report that details the 
findings of the regional staff, feedback received from 
environmental 
justice 
communities, 
and 
rec-
ommendations to increase cooperation between the 
Environmental Protection Agency and environmental 
justice communities. 
(d) AVAILABILITY OF REPORT.—The Administrator 
shall make each report produced pursuant to subsection 
(c) available to the public (including by posting a copy of 
the report on the website of the Environmental Protection 
Agency). 
(e) REGIONAL STAFF.— 
(1) AUTHORITY OF ENVIRONMENTAL JUSTICE 
OMBUDS.—The Administrator shall allow the Envi-
ronmental Justice Ombuds to hire such staff as the 
Environmental Justice Ombuds determines to be 
necessary to carry out at each regional office of the 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00055
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
Environmental Protection Agency the functions of 
the Environmental Justice Ombuds described in sub-
section (c). 
(2) PURPOSES.—Staff hired pursuant to para-
graph (1) shall— 
(A) foster cooperation between the Envi-
ronmental Protection Agency and environ-
mental justice communities; 
(B) consult with environmental justice 
communities on the development of policies and 
programs of the Environmental Protection 
Agency; 
(C) receive feedback from environmental 
justice communities on the performance of the 
Environmental Protection Agency; and 
(D) compile and submit to the Environ-
mental Justice Ombuds such information as 
may be necessary for the Ombuds to produce 
the annual report described in subsection (c). 
(3) FULL-TIME
POSITION.—Each individual 
hired by the Environmental Justice Ombuds under 
paragraph (1) shall be hired as a full-time employee 
of the Environmental Protection Agency. 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00056
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
SEC. 11. ACCESS TO PARKS, OUTDOOR SPACES, AND PUB-
LIC RECREATION OPPORTUNITIES. 
(a) DEFINITIONS.—In this section: 
(1) ELIGIBLE ENTITY.—The term ‘‘eligible enti-
ty’’ means an entity that represents or otherwise 
serves a qualifying urban area. 
(2) ELIGIBLE NONPROFIT ORGANIZATION.—The 
term ‘‘eligible nonprofit organization’’ means an or-
ganization that is described in section 501(c)(3) of 
the Internal Revenue Code of 1986 and is exempt 
from taxation under section 501(a) of such Code. 
(3) ENTITY.—The term ‘‘entity’’ means— 
(A) a State; 
(B) a political subdivision of a State, in-
cluding— 
(i) a city; 
(ii) a county; and 
(iii) a special purpose district that 
manages open space, including a park dis-
trict; and 
(C) an Indian Tribe, urban Indian organi-
zation, or Alaska Native or Native Hawaiian 
community or organization. 
(4) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 
has the meaning given the term in section 4 of the 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00057
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 5304). 
(5) LOW-INCOME COMMUNITY.—The term ‘‘low- 
income community’’ means any census block group 
in which 30 percent or more of the population are 
individuals with an annual household equal to, or 
less than, the greater of— 
(A) an amount equal to 80 percent of the 
median income of the area in which the house-
hold is located, as reported by the Department 
of Housing and Urban Development; and 
(B) an amount equal to 200 percent of the 
Federal poverty line. 
(6) OUTDOOR RECREATION LEGACY PARTNER-
SHIP
PROGRAM.—The term ‘‘Outdoor Recreation 
Legacy Partnership Program’’ means the program 
established under subsection (b)(1). 
(7) QUALIFYING
URBAN
AREA.—The term 
‘‘qualifying urban area’’ means— 
(A) an urbanized area or urban cluster 
that has a population of 25,000 or more in the 
most recent census; 
(B) 2 or more adjacent urban clusters with 
a combined population of 25,000 or more in the 
most recent census; or 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00058
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB
137 
of a downturn in fossil fuel mining, extraction, or 
production, has suffered a reduction in employment 
or economic opportunities. 
(3) FOSSIL
FUEL.—The term ‘‘fossil fuel’’ 
means coal, petroleum, natural gas, tar sands, oil 
shale, or any derivative of coal, petroleum, or nat-
ural gas. 
(4) FOSSIL
FUEL-DEPENDENT
COMMUNITY.— 
The term ‘‘fossil fuel-dependent community’’ means 
a community— 
(A) that depends on fossil fuel mining, and 
extraction, or refining for a significant amount 
of economic opportunities; or 
(B) in which a significant proportion of the 
population is employed at electric generating 
stations that use fossil fuels as the predominant 
fuel supply. 
(5) FOSSIL FUEL TRANSITION COMMUNITY.— 
The term ‘‘fossil fuel transition community’’ means 
a community— 
(A) that has been adversely affected eco-
nomically by a recent reduction in fossil fuel 
mining, extraction, or production-related activ-
ity, as demonstrated by employment data, per 
VerDate Sep 11 2014 
00:09 Apr 12, 2023
Jkt 039200
PO 00000
Frm 00137
Fmt 6652
Sfmt 6201
E:\BILLS\H1705.IH
H1705
pbinns on DSKJLVW7X2PROD with $$_JOB