II 117th CONGRESS 2d Session S. 5081 IN THE SENATE OF THE UNITED STATES November 14, 2022 Mr. Padilla (for himself, Mr. Markey , Mr. Booker , Ms. Duckworth , Mr. Sanders , Mr. Whitehouse , Ms. Warren , and Mr. Merkley ) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To establish an Office of Environmental Justice within the Department of Justice, and for other purposes.

1. Short title This Act may be cited as the Empowering and Enforcing Environmental Justice Act of 2022 . 2. Office of Environmental Justice (a) In general Chapter 31 of title 28, United States Code, is amended by adding at the end the following: 530E. Environmental Justice (a) Office of Environmental Justice (1) Establishment Not later than 90 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022 , the Attorney General shall establish the Office of Environmental Justice (hereinafter known as the Office ) within the Environment and Natural Resources Division of the Department of Justice. (2) Personnel and funding The Attorney General shall provide to the Office such personnel and funds as are necessary to establish the Office under paragraph (1). (3) Leadership The Office shall be headed by a Director, who shall be appointed by the Attorney General. (4) Duties The Director shall: (A) Develop, and update every 5 years thereafter, the environmental justice strategy for the Department, in accordance with Executive Order 12898 ( 42 U.S.C. 4321 note; relating to Federal actions to address environmental 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 established 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 decision-making process on environmental justice matters and design communications efforts with the goal of maximizing community understanding of how to participate in environmental justice matters, including how to file administrative complaints with Federal agencies. (E) Counsel and assist State, local, and Tribal governments on how to coordinate their actions with the Federal Government with respect to environmental justice matters and counsel and assist State, local, and Tribal governments and Indigenous populations or communities in providing equal environmental protection for all individuals. (F) Provide support for State and local environmental enforcement training in environmental justice communities. (G) Work with the Community Relations Service to facilitate a working relationship between 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 Environmental Quality and the White House Environmental 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 organizations and environmental justice communities. (J) Manage the Senior Advisory Council established under paragraph (5). (K) Make recommendations to Federal agencies on community participation in the development of administrative settlement agreements relating to environmental justice matters. (5) Senior Advisory Council (A) Establishment There is established a Senior Advisory Council (hereinafter referred to as the Council ) to advise the Assistant 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 Division 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 Environmental Enforcement Section of the Environmental and Natural Resources Division. (vi) One representative from the Environmental Defense Section of the Environment and Natural Resources Division. (vii) One representative of the Civil Rights Division. (viii) One representative of the Civil Division. (ix) One representative of the Federal Bureau of Investigation. (x) One representative of the Bureau of Prisons. (xi) One representative of the Community Relations Service. (xii) One representative of the Office for Access to Justice. (xiii) One representative of the Office of Legal Policy. (xiv) One representative of the Office of Legislative Affairs. (xv) One representative of the Office of Tribal Justice. (xvi) Two representatives from the Executive Office for United States Attorneys. (xvii) The Section Chief of the Environmental Justice Section. (D) Reporting requirement Not later than 180 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022 , and annually thereafter, 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 Department and any proposed revisions to the environmental 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 not later than 90 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022 and shall convene the Council not less than 4 times annually thereafter. (F) Guidance for Department (i) In general Not later than 180 days after the date of enactment of the Empowering and Enforcing Environmental Justice Act of 2022 , the Council shall develop guidance with respect to environmental justice and provide such guidance 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 review 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 the Environment and Natural Resources Division of the Department that shall be known as the Environmental Justice Section (hereinafter known as the Section ) with the responsibility to litigate environmental justice matters. (2) General objectives The Section shall: (A) Initiate legal action to enforce environmental 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 respect 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. (E) Provide technical assistance to other Federal agencies on creating permits and permitting 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 Environmental Justice Act of 2022 , the Section shall consult with United States Attorneys' Offices, the Environmental Protection Agency, and other Federal agencies, as appropriate, to develop a list of environmental justice enforcement 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 environmental justice matters and whether such matters 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 Federal agencies with respect to court cases raising environmental justice matters, including by— (A) initiating legal action to enforce environmental justice matters, civil rights, and criminal and civil laws with respect to environmental and criminal justice to achieve fair environmental 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 appropriate action with respect to environmental justice matters; and (D) providing technical assistance to other Federal agencies to address environmental justice matters. (5) Education (A) In general The Section shall provide training and education with respect to— (i) how to identify environmental justice matters; (ii) the contexts in which environmental 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; relating to Federal actions to address environmental justice in minority populations and low-income populations), including the environmental 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 materials for Department personnel to provide an overview of the scope of environmental justice matters and procedures for identifying and reporting such matters; (ii) education programs for environmental attorneys about criminal, civil, and civil rights laws; (iii) education programs for civil, criminal, and civil rights attorneys about environmental laws for the purpose of identifying and effectively addressing environmental justice matters; (iv) an email address that Department attorneys and other Department personnel may contact that enables Department attorneys and other Department personnel to seek information and guidance on environmental justice matters; (v) joint education and training activities, 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. (6) Data assessment The Section shall coordinate with all relevant components within the Department 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 communities 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 identifiable low-income, minority, Tribal, or Indigenous population or community in the United States. (4) Indigenous population or community The term Indigenous population or community includes populations or communities of American 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 household 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 Islands, Guam, American Samoa, and the Commonwealth 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. . 3. Environmental Justice Matters Enforcement Grants (a) Definitions In this section: (1) Certain congressional committees The term certain congressional committees means— (A) the Committee on Energy and Commerce 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 communities 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 identifiable low-income, minority, Tribal, or Indigenous population or community in the United States. (4) Indigenous population or community The term Indigenous population or community includes populations or communities of American 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 household 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 Islands, Guam, American Samoa, and the Commonwealth 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 Justice to improve the capacity of State, local, and Tribal governments to enforce environmental laws involving environmental justice matters. (c) Grant authority In carrying out the Program, 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 responsible for prosecuting and enforcing laws involving environmental justice matters; (2) hire staff to assist in the investigation, prosecution, and enforcement of laws involving environmental justice matters; or (3) establish collaborative programs to provide technical and legal assistance to help environmental justice communities participate in decisions impacting the environment, health, and safety of those environmental justice communities. (f) Applications To be eligible for a grant under the Program, an eligible recipient shall submit to the Assistant Attorney General an application in such form, at such time, and containing such information as the Assistant 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 thereafter, the Attorney General shall submit a report to certain congressional committees on the grant program established 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.