justice in minority populations and low-income 
populations). 
‘‘(B) Coordinate environmental justice 
matters that arise at the Department and 
United States Attorneys’ offices. 
‘‘(C) Administer the grant program estab-
lished under section 3 of the Empowering and 
Enforcing Environmental Justice Act of 2022. 
‘‘(D) Promote and protect the right of the 
public to participate meaningfully in the deci-
sion-making process on environmental justice 
matters and design communications efforts with 
the goal of maximizing community under-
standing of how to participate in environmental 
justice matters, including how to file adminis-
trative complaints with Federal agencies. 
‘‘(E) Counsel and assist State, local, and 
Tribal governments on how to coordinate their 
actions with the Federal government with re-
spect to environmental justice matters and 
counsel and assist State, local, and Tribal gov-
ernments and Indigenous populations or com-
munities in providing equal environmental pro-
tection for all individuals. 
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‘‘(F) Provide support for State and local 
environmental enforcement training in environ-
mental justice communities. 
‘‘(G) Work with the Community Relations 
Service to facilitate a working relationship be-
tween parties involved in environmental justice 
matters, including regulated industry, State, 
local, and Tribal decision-makers and minority 
or low-income communities. 
‘‘(H) Coordinate with the Council on Envi-
ronmental Quality and the White House Envi-
ronmental Justice Advisory Council, established 
under Executive Order 14008 (86 Fed. Reg. 
7619), with respect to implementation of the 
Justice40 Initiative. 
‘‘(I) Organize, at minimum, bimonthly 
calls or meetings with environmental justice or-
ganizations and environmental justice commu-
nities. 
‘‘(J) Manage the Senior Advisory Council 
established under paragraph (5). 
‘‘(K) Make recommendations to Federal 
agencies on community participation in the de-
velopment of administrative settlement agree-
ments relating to environmental justice matters. 
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‘‘(5) SENIOR ADVISORY COUNCIL.— 
‘‘(A) ESTABLISHMENT.—There is estab-
lished a Senior Advisory Council (hereinafter 
referred to as the ‘Council’) to advise the As-
sistant Attorney General of the Environment 
and Natural Resources Division on matters of 
environmental justice and recommend policy 
and initiatives with respect to environmental 
justice matters. 
‘‘(B) CO-CHAIR.—The Co-chairs of the 
Council shall be the Assistant Attorney General 
of the Environment and Natural Resources Di-
vision and the Director of the Office. 
‘‘(C) MEMBERS.—The Council shall be 
composed of: 
‘‘(i) The Assistant Attorney General 
of the Environment and Natural Resources 
Division. 
‘‘(ii) The Director of the Office. 
‘‘(iii) One representative of the Office 
of the Deputy Attorney General. 
‘‘(iv) One representative of the Office 
of the Associate Attorney General. 
‘‘(v) One representative from the En-
vironmental Enforcement Section of the 
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Environmental and Natural Resources Di-
vision. 
‘‘(vi) One representative from the En-
vironmental Defense Section of the Envi-
ronment and Natural Resources Division. 
‘‘(vii) One representative of the Civil 
Rights Division. 
‘‘(viii) One representative of the Civil 
Division. 
‘‘(ix) One representative of the Fed-
eral Bureau of Investigation. 
‘‘(x) One representative of the Bureau 
of Prisons. 
‘‘(xi) One representative of the Com-
munity Relations Service. 
‘‘(xii) One representative of the Office 
for Access to Justice. 
‘‘(xiii) One representative of the Of-
fice of Legal Policy. 
‘‘(xiv) One representative of the Office 
of Legislative Affairs. 
‘‘(xv) One representative of the Office 
of Tribal Justice. 
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‘‘(xvi) Two representatives from the 
Executive Office for United States Attor-
neys. 
‘‘(xvii) The Section Chief of the Envi-
ronmental Justice Section. 
‘‘(D) 
REPORTING
REQUIREMENT.—Not 
later than 180 days after the date of enactment 
of the Empowering and Enforcing Environ-
mental Justice Act of 2022, and annually there-
after, each member of the Council shall submit 
to the Director a report on the implementation 
of the progress of the component of which the 
member is a representative in implementing the 
environmental justice strategy of the Depart-
ment and any proposed revisions to the environ-
mental justice strategy of that component. The 
Director may also request a report or briefing 
from the head of any component not a member 
of the Council explaining how the component 
may facilitate the efforts of the Department in 
meeting the obligations of the Department 
under the environmental justice strategy. 
‘‘(E) 
ADMINISTRATION.—The 
Director 
shall coordinate and support the work of the 
Council. The Director shall convene the Council 
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not later than 90 days after the date of enact-
ment of the Empowering and Enforcing Envi-
ronmental Justice Act of 2022 and shall con-
vene the Council not less than 4 times annually 
thereafter. 
‘‘(F) GUIDANCE FOR DEPARTMENT.— 
‘‘(i) IN
GENERAL.—Not later than 
180 day as after the date of enactment of 
the Empowering and Enforcing Environ-
mental Justice Act of 2022, the Council 
shall develop guidance with respect to envi-
ronmental justice and provide such guid-
ance to Department personnel, including 
provisions for identifying, tracking, and 
addressing environmental justice matters. 
‘‘(ii) REVIEW
AND
UPDATE.—Not 
later than 3 years after the development of 
the guidance under clause (i), and every 3 
years thereafter, the Department shall re-
view and update such guidance. 
‘‘(b) ENVIRONMENTAL JUSTICE SECTION.— 
‘‘(1) ESTABLISHMENT.—Not later than 180 
days after the date of enactment of the Empowering 
and Enforcing Environmental Justice Act of 2022, 
the Attorney General shall establish a section within 
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the Environment and Natural Resources Division of 
the Department that shall be known as the ‘Envi-
ronmental Justice Section’ (hereinafter known as the 
‘Section’) with the responsibility to litigate environ-
mental justice matters. 
‘‘(2) 
GENERAL
OBJECTIVES.—The 
Section 
shall: 
‘‘(A) Initiate legal action to enforce envi-
ronmental justice, civil rights, and criminal and 
civil laws with respect to environmental justice 
matters to achieve fair environmental and 
human health protection in all communities. 
‘‘(B) Collaborate with State, local, and 
Tribal governments to pursue litigation with re-
spect to environmental justice to hold persons 
accountable for actions and inactions that have 
or will contribute to the climate crisis. 
‘‘(C) Ensure the enforcement of title VI of 
the Civil Rights Act of 1964 (42 U.S.C. 2000d 
et seq.) by coordinating with Federal agencies 
to effectively investigate civil rights complaints. 
‘‘(D) Facilitate the collection and analysis 
of data that will assist the Department in law 
enforcement, mediation, and counseling efforts 
involving environmental justice matters. 
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‘‘(E) Provide technical assistance to other 
Federal agencies on creating permits and per-
mitting processes that are enforceable by the 
agencies and the Department. 
‘‘(3) CONSULTATION AND INVESTIGATION.— 
‘‘(A) CONSULTATION ON PRIORITIES.—Not 
later than 180 days after the date of enactment 
of the Empowering and Enforcing Environ-
mental Justice Act of 2022, the Section shall 
consult with United States Attorneys’ Offices, 
the Environmental Protection Agency, and 
other Federal agencies, as appropriate, to de-
velop a list of environmental justice enforce-
ment priorities and a strategy for addressing 
these priorities. 
‘‘(B) REFERRAL GUIDANCE.—The Section 
shall provide guidance to other Federal agencies 
on appropriate actions with respect to environ-
mental justice matters and whether such mat-
ters should be transferred to the Department 
for further investigation or action. 
‘‘(4) LITIGATION
ACTIVITIES.—The Section 
shall coordinate with other litigating components of 
the Department, with the United States Attorneys’ 
Offices to conduct investigations, and with other 
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Federal agencies with respect to court cases raising 
environmental justice matters, including by— 
‘‘(A) initiating legal action to enforce envi-
ronmental justice matters, civil rights, and 
criminal and civil laws with respect to environ-
mental and criminal justice to achieve fair envi-
ronmental and human health protection in all 
communities; 
‘‘(B) intervening in pending litigation or 
filing amicus curiae briefs to serve the interests 
of Federal agencies that address environmental 
justice matters; 
‘‘(C) coordinating with other Department 
components, and other Federal agencies, on ap-
propriate action with respect to environmental 
justice matters; and 
‘‘(D) providing technical assistance to 
other Federal agencies to address environ-
mental justice matters. 
‘‘(5) EDUCATION.— 
‘‘(A) IN GENERAL.—The Section shall pro-
vide training and education with respect to— 
‘‘(i) how to identify environmental jus-
tice matters; 
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‘‘(ii) the contexts in which environ-
mental justice matters may arise; 
‘‘(iii) the ways in which recognition of 
potential environmental justice matters 
may affect the work of the Department, 
Department personnel, and other Federal 
agencies; and 
‘‘(iv) the implementation of Executive 
Order 12898 (42 U.S.C. 4321 note; relat-
ing to Federal actions to address environ-
mental justice in minority populations and 
low-income populations), including the en-
vironmental justice strategy developed by 
The Office and guidance developed by the 
Council pursuant to subsection (a)(5)(F). 
‘‘(B) DEVELOPMENT.—The Section shall 
develop— 
‘‘(i) instructional videos and other ma-
terials for Department personnel to provide 
an overview of the scope of environmental 
justice matters and procedures for identi-
fying and reporting such matters; 
‘‘(ii) education programs for environ-
mental attorneys about criminal, civil, and 
civil rights laws; 
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‘‘(iii) education programs for civil, 
criminal, and civil rights attorneys about 
environmental laws for the purpose of 
identifying and effectively addressing envi-
ronmental justice matters; 
‘‘(iv) an email address that Depart-
ment attorneys and other Department per-
sonnel may contact that enables Depart-
ment attorneys and other Department per-
sonnel to seek information and guidance 
on environmental justice matters; 
‘‘(v) joint education and training ac-
tivities, where appropriate, with Federal 
agencies and State, local, and Tribal legal 
offices; 
‘‘(vi) a continuing legal education 
course on environmental justice matters, 
developed in coordination with the Office 
of Legal Education and the Environmental 
Protection Agency; and 
‘‘(vii) training programs with respect 
to environmental justice for individuals 
participating in the Attorney General’s 
Honors Program. 
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‘‘(6) DATA ASSESSMENT.—The Section shall co-
ordinate with all relevant components within the De-
partment to develop and maintain an appropriate 
system for tracking and assessing cases that raise 
environmental justice matters. 
‘‘(c) DEFINITIONS.—In this section: 
‘‘(1) DEPARTMENT.—The term ‘Department’ 
means the Department of Justice. 
‘‘(2) 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. 
‘‘(3) ENVIRONMENTAL JUSTICE MATTER.—The 
term ‘environmental justice matter’ includes any 
civil or criminal matter where the conduct or action 
at issue may involve a disproportionate and adverse 
environmental or human health effect on an identifi-
able low-income, minority, Tribal, or Indigenous 
population or community in the United States. 
‘‘(4) INDIGENOUS
POPULATION
OR
COMMU-
NITY.—The term ‘Indigenous population or commu-
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nity’ includes populations or communities of Amer-
ican Indians, Alaska Natives, and Native Hawaiians. 
‘‘(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 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. 
‘‘(6) STATE.—The term ‘State’ means any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Is-
lands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands.’’. 
(b) TECHNICAL AMENDMENT.—The table of sections 
for chapter 31 of title 28, United States Code, is amended 
by adding at the end the following: 
‘‘530E. Environmental justice.’’. 
SEC. 3. ENVIRONMENTAL JUSTICE MATTERS ENFORCE-
MENT GRANTS. 
(a) DEFINITIONS.—In this section: 
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(1) CERTAIN CONGRESSIONAL COMMITTEES.— 
The 
term 
‘‘certain 
congressional 
committees’’ 
means— 
(A) the Committee on Energy and Com-
merce of the House of Representatives; 
(B) the Committee on Environment and 
Public Works of the Senate; and 
(C) the Committees on the Judiciary of the 
House of Representatives and the Senate. 
(2) 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. 
(3) ENVIRONMENTAL
JUSTICE
MATTER.—The 
term ‘‘environmental justice matter’’ includes any 
civil or criminal matter where the conduct or action 
at issue may involve a disproportionate and adverse 
environmental or human health effect on an identifi-
able low-income, minority, Tribal, or Indigenous 
population or community in the United States. 
(4) INDIGENOUS
POPULATION
OR
COMMU-
NITY.—The term ‘‘Indigenous population or commu-
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nity’’ includes populations or communities of Amer-
ican Indians, Alaska Natives, and Native Hawaiians. 
(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 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. 
(6) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
the Commonwealth of Puerto Rico, the Virgin Is-
lands, Guam, American Samoa, and the Common-
wealth of the Northern Mariana Islands. 
(b) IN GENERAL.—Not later than 180 days after the 
date of enactment of this Act, the Attorney General shall 
establish a grant program (in this section referred to as 
the ‘‘Program’’) within the Office of Environmental Jus-
tice to improve the capacity of State, local, and Tribal gov-
ernments to enforce environmental laws involving environ-
mental justice matters. 
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(c) GRANT AUTHORITY.—In carrying out the Pro-
gram, the Assistant Attorney General may award a grant 
on competitive basis to an eligible recipient. 
(d) ELIGIBLE RECIPIENTS.—The Assistant Attorney 
General may award a grant under the Program to a State, 
local, or Tribal government determined by the Assistant 
Attorney General to be capable of carrying out a project 
pursuant to subsection (e). 
(e) GRANT FUNDS.—Grant funds awarded under the 
Program, shall only be used to— 
(1) train State, local, and Tribal agencies re-
sponsible for prosecuting and enforcing laws involv-
ing environmental justice matters; 
(2) hire staff to assist in the investigation, 
prosecution, and enforcement of laws involving envi-
ronmental justice matters; or 
(3) establish collaborative programs to provide 
technical and legal assistance to help environmental 
justice communities participate in decisions impact-
ing the environment, health, and safety of those en-
vironmental justice communities. 
(f) APPLICATIONS.—To be eligible for a grant under 
the Program, an eligible recipient shall submit to the As-
sistant Attorney General an application in such form, at 
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such time, and containing such information as the Assist-
ant Attorney General determines to be appropriate. 
(g) LIMITATIONS ON GRANT AMOUNTS.—Subject to 
the availability of appropriations under subsection (j), 
each grant made under this section shall be for an amount 
not less than $50,000 and not greater than $1,000,000. 
(h) FEDERAL SHARE.—The Federal share of a 
project under the Program shall not exceed 80 percent, 
unless the Attorney General waives, wholly or in part, this 
requirement. 
(i) REPORT.—Not later than 18 months after the 
date of enactment of this Act, and every 2 years there-
after, the Attorney General shall submit a report to cer-
tain congressional committees on the grant program es-
tablished under this section, including a description of the 
grantees and activities for which grantees used grants 
awarded under this section. 
(j) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out this section 
$50,000,000 for each of the fiscal years 2023 through 
2032. 
Æ 
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