A. Donald McEachin Environmental Justice For All Act
This bill establishes several environmental justice requirements, advisory bodies, and programs to address the disproportionate adverse human health or environmental effects of federal laws or programs on communities of color, low-income communities, or tribal and indigenous communities.
Specifically, the bill expands Title VI of the Civil Rights Act of 1964 to prohibit federally funded programs, policies, practices, or activities from causing disparate impacts on the basis of race, color, or national origin. Aggrieved persons may seek legal remedy when faced with such discrimination.
In addition, the bill directs agencies to follow certain requirements concerning environmental justice, including new environmental review requirements under the National Environmental Policy Act of 1969.
Further, it creates a variety of advisory bodies and positions, such as the White House Environmental Justice Interagency Council. Among other things, the council must issue an environmental justice strategy.
It also establishes requirements and programs concerning chemicals or toxic ingredients in certain products. For example, the bill (1) requires certain products (e.g., cosmetics) to include a list of ingredients or warnings; and (2) provides grants for research on designing safer alternatives to chemicals in certain consumer, cleaning, toy, or baby products that have an inherent toxicity or that are associated with chronic adverse health effects.
Finally, it creates a variety of funding programs, such as a grant program to enhance access to park and recreational opportunities in an urban areas.
[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1705 Introduced in House (IH)]
<DOC>
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. Barragan, Ms. Tlaib, Ms. Meng, Ms. Jayapal, Mr. Khanna,
Ms. DeGette, Mrs. Beatty, Ms. Bush, Mr. Scott of Virginia, Mr. Nadler,
Ms. Escobar, Ms. Castor of Florida, Mr. Connolly, Ms. Brownley, Ms.
Stansbury, Mrs. Napolitano, Mr. Huffman, Mr. Neguse, Ms. Ocasio-Cortez,
Ms. Velazquez, 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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``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
Environmental 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
communities.
Sec. 26. Safer child care centers, schools, and homes for
disproportionately impacted communities.
Sec. 27. Certain menstrual products misbranded if labeling does not
include ingredients.
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:
(1) Communities of color, low-income communities, Tribal
and Indigenous communities, fossil fuel-dependent communities,
and other vulnerable populations, such as persons with
disabilities, children, and the elderly, are disproportionately
burdened by environmental hazards that include exposure 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 information and data on potential
exposure to environmental hazards.
(3) Communities experiencing environmental injustice 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 energy 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 zoning codes, and often have the least
resources to respond, making it a necessity for environmental
justice communities to be meaningfully engaged as partners and
stakeholders in government decision making as the United States
builds its climate resilience.
(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 disproportionate environmental and health
impacts.
(6) The burden of proof that a proposed action will not
harm communities, including through cumulative exposure
effects, should fall on polluting industries and on the Federal
Government in its regulatory role, not the communities
themselves.
(7) Executive Order 12898 (42 U.S.C. 4321 note; relating to
Federal actions to address environmental justice in minority
populations and low-income populations) directs Federal
agencies to address disproportionately high and adverse human
health or environmental effects of its programs, but Federal
agencies have been inconsistent in updating their strategic
plans for environmental justice and reporting on their progress
in enacting those plans.
(8) Government action to correct environmental injustices
is a moral imperative. Federal policy can and should improve
public health and improve the overall well-being of all
communities.
(9) All people have the right to breathe clean air, drink
clean water, live free of dangerous levels of toxic pollution,
and share the benefits of a prosperous 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 access to the resources and
benefits of a sustainable future. That transition must also
address the economic 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 Government to
seek to achieve environmental justice, health equity, and
climate justice for all communities.
(b) Statement of Policy.--It is the policy of Congress that each
Federal agency should--
(1) seek to achieve environmental justice as part of its
mission by identifying and addressing, as appropriate,
disproportionately adverse human health or environmental
effects of its programs, policies, practices, and activities on
communities of color, low-income communities, and Tribal and
Indigenous communities in each State and territory of the
United States;
(2) promote meaningful involvement by communities and due
process in the development, implementation, and enforcement of
environmental laws;
(3) provide direct guidance and technical assistance to
communities experiencing environmental injustice 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 experiencing 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, cultural, and historical values of
the natural environment.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental 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 ``Clearinghouse'' means the
Environmental Justice Clearinghouse established by the
Administrator under section 20.
(4) Community of color.--The term ``community of color''
means a geographically distinct area in which the population of
any of the following categories of individuals is higher than
the average population of that category for the State in which
the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(I) Middle Eastern and North African.
(5) Director.--The term ``Director'' means the Director of
the National Institute of Environmental Health Sciences.
(6) Disparate impact.--The term ``disparate impact'' means
an action or practice that, even if appearing neutral, actually
has the effect of subjecting 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
situation where there exists higher or more adverse human
health or environmental effects on communities of color, low-
income communities, and Tribal and Indigenous communities.
(8) Environmental justice.--The term ``environmental
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 enforcement of environmental laws,
regulations, and policies to ensure that each person enjoys--
(A) the same degree of protection from
environmental and health hazards; and
(B) equal access and involvement with respect to
any Federal agency action on environmental justice
issues in order to have a healthy environment in which
to live, learn, work, and recreate.
(9) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of 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.
(10) Environmental law.--The term ``environmental law''
includes--
(A) the Clean Air Act (42 U.S.C. 7401 et seq.);
(B) the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.);
(C) the Energy Policy Act of 2005 (42 U.S.C. 15801
et seq.);
(D) the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.);
(E) the Pollution Prevention Act of 1990 (42 U.S.C.
13101 et seq.);
(F) the Safe Drinking Water Act (42 U.S.C. 300f et
seq.);
(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 Freedom 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 treatment'' means the
conduct of a program, policy, practice, 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 participation of, individuals from the
communities affected by a program, policy, practice, or
activity of a Federal 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 interstate governmental entity, or
agency or instrumentality of a local government; or
(B) an Indian Tribe or authorized Tribal
organization, or Alaska Native village or organization.
(14) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household 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 geographically contiguous blocks
representing certain common characteristics, such as race,
ethnicity, national origin, income level, health disparities,
or other public health and socioeconomic attributes.
(16) State.--The term ``State'' means--
(A) any State of the United States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) the United States Virgin Islands;
(E) Guam;
(F) American Samoa; and
(G) the Commonwealth of the Northern Mariana
Islands.
(17) Tribal and indigenous community.--The term ``Tribal
and Indigenous community'' means a population of people who are
members of--
(A) a federally recognized Indian Tribe;
(B) a State-recognized Indian Tribe;
(C) an Alaska Native community or organization;
(D) a Native Hawaiian community or organization; or
(E) any other Indigenous community located 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 Native
Hawaiian Non-Profit Organizations as defined 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)).
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 program, policy,
practice, or activity that causes a disparate impact on the
basis of race, color, or national origin and the covered entity
fails to demonstrate that the challenged program, policy,
practice, or activity is related to and necessary to achieve
the nondiscriminatory goal of the program, policy, practice, or
activity alleged to have been operated in a discriminatory
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 disparate impact, the
covered entity shall demonstrate that each particular challenged
program, policy, practice, or activity does not cause a disparate
impact, except that if the covered entity demonstrates to the courts
that the elements 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, practice, or activity
is necessary to achieve the goals of a program, 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 meaning 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 subjected to
discrimination, including retaliation or intimidation, because such
person opposed any program, policy, practice, or activity prohibited by
this title, or because such person made a charge, testified, assisted,
or participated 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 department
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 pursuant to this title, may
file suit in any district court of the United States having
jurisdiction of the parties, without respect to the amount in
controversy and without regard 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 actions or proceedings
pending on or after the date of enactment of this Act.
SEC. 6. RIGHTS OF RECOVERY.
Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.)
is amended by inserting after section 602 the following:
``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.
``(a) Claims Based on Proof of Intentional Discrimination.--In an
action brought by an aggrieved person under this title against an
entity subject to this title (referred to in this section as a `covered
entity') who has engaged in unlawful intentional discrimination (not a
practice that is unlawful because of its disparate impact) prohibited
under this title (including its implementing regulations), the
aggrieved person may recover equitable and legal relief (including
compensatory and punitive damages), 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 aggrieved person under this title against a
covered entity who has engaged in unlawful discrimination based on
disparate impact prohibited under this title (including implementing
regulations), the aggrieved person may recover attorney's fees
(including expert fees), and costs of the action.
``(c) Definitions.--In this section:
``(1) Aggrieved person.--The term `aggrieved person' means
a person aggrieved by discrimination 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 PERMITTING 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 ELIMINATION SYSTEM.
``(a) Permits Issued by Administrator.--
``(1) In general.--Except as'';
(2) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``upon condition that such
discharge will meet either (A) all'' and
inserting the following: ``subject to the
conditions that--
``(A) the discharge will achieve compliance with,
as applicable--
``(i) all'';
(ii) by striking ``403 of this Act, or (B)
prior'' and inserting the following: ``403; or
``(ii) prior''; and
(iii) by striking ``this Act.'' and
inserting the following: ``this Act; and
``(B) with respect to the issuance or renewal of
the permit--
``(i) based on an analysis by the
Administrator of existing water quality and the
potential cumulative impacts (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 navigable water, there exists a
reasonable certainty of no harm to the health
of the general population, or to any
potentially exposed or susceptible
subpopulation; or
``(ii) if the Administrator determines
that, due to those potential cumulative
impacts, 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 certainty
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 appropriate.'' 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
Administrator determines to be appropriate; and
``(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 renewed if, with
respect to an application for the permit, the State determines, based
on an analysis by the State of existing water quality and the potential
cumulative impacts (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 navigable 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 population, or to any potentially exposed or susceptible
subpopulation.''.
(b) Clean Air Act.--
(1) Definitions.--Section 501 of the Clean Air Act (42
U.S.C. 7661) is amended--
(A) in the matter preceding paragraph (1), by
striking ``As used in this title--'' and inserting ``In
this title:'';
(B) by redesignating paragraphs (2), (3), and (4)
as paragraphs (3), (5), and (4), respectively, and
moving the paragraphs so as to appear in numerical
order; and
(C) by inserting after paragraph (1) the following:
``(2) Cumulative impacts.--The term `cumulative impacts'
means any exposure to a public health or environmental risk, or
other effect occurring in a specific geographical area,
including from an emission, discharge, or release--
``(A) including--
``(i) environmental pollution released--
``(I)(aa) routinely;
``(bb) accidentally; or
``(cc) otherwise; and
``(II) from any source, whether
single or multiple; and
``(ii) as assessed based on the combined
past, present, and reasonably foreseeable
emissions and discharges affecting the
geographical area; and
``(B) evaluated taking into account sensitive
populations and other factors that may heighten
vulnerability to environmental pollution and associated
health risks, including socioeconomic
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 determines
under paragraph (9)(A)(i)(II)(bb) 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 population, or to any potentially
exposed or susceptible subpopulation, of the
applicable census block groups or Tribal census
block groups (as those terms are defined by the
Director of the Bureau of the Census); or
``(ii) the Administrator objects to the
issuance of the permit in a timely manner under
this title.''; and
(B) by striking paragraph (9) and inserting 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 permitting authority shall--
``(i) in determining whether to issue or
renew the permit--
``(I) evaluate the potential
cumulative impacts of the major source,
as described in the applicable
cumulative impacts analysis submitted
under section 503(b)(3), taking into
consideration other pollution sources
and risk factors within a community;
``(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
population, or to any potentially
exposed or susceptible subpopulation,
of any census block groups or Tribal
census block groups (as those terms are
defined 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 additional controls
or pollution prevention
requirements) as the permitting
authority determines to be
necessary to ensure a
reasonable certainty of no such
harm; or
``(bb) if the permitting
authority determines that
standards and requirements
described in item (aa) would
not be sufficient to ensure a
reasonable certainty of no such
harm, deny the issuance or
renewal of the permit;
``(III) determine whether the
applicant is a persistent violator,
based on such criteria relating to the
history of compliance by an applicant
with this Act as the Administrator
shall establish by not later than 180
days after the date of enactment of the
A. Donald McEachin Environmental
Justice For All Act;
``(IV) if the permitting authority
determines under subclause (III) that
the applicant is a persistent violator
and the permitting authority does not
deny the issuance or renewal of the
permit pursuant to subclause (II)(bb)--
``(aa) require the
applicant to submit a plan that
describes--
``(AA) if the
applicant is not in
compliance with this
Act, measures the
applicant will carry
out to achieve that
compliance, together
with an approximate
deadline for that
achievement;
``(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 environmental and
health effects of
noncompliance; and
``(CC) the measures
the applicant has
carried out in
preparing the plan to
consult or negotiate
with the communities
affected by each
persistent violation
addressed in the plan;
and
``(bb) once such a plan is
submitted, determine whether
the plan is adequate to
ensuring that the applicant--
``(AA) will achieve
compliance with this
Act expeditiously;
``(BB) will remain
in compliance with this
Act;
``(CC) will
mitigate the
environmental and
health effects of
noncompliance; and
``(DD) has
solicited and responded
to community input
regarding the plan; and
``(V) deny the issuance or renewal
of the permit if the permitting
authority determines that--
``(aa) the plan submitted
under subclause (IV)(aa) is
inadequate; or
``(bb)(AA) the applicant
has submitted a plan on a prior
occasion, but continues to be a
persistent violator; and
``(BB) no indication exists
of extremely exigent
circumstances excusing the
persistent 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
expeditiously 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 regulations
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 complies with the
requirements of this title regarding
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 regulations required by
section 502(b) shall include a requirement 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
subsection, a cumulative impacts analysis for each census block
group or Tribal census block group (as those terms are defined
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 that analyzes--
``(A) community demographics and locations of
community exposure points, such as schools, day care
centers, nursing homes, hospitals, 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 112) from the
major source, including in combination 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 combination with
existing sources of pollutants; and
``(D) public health and any potential effects on
public health from the major source.''.
SEC. 8. WHITE HOUSE ENVIRONMENTAL JUSTICE INTERAGENCY 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 assist Federal agencies in
identifying and addressing, as appropriate, the
disproportionate human health and environmental effects of
Federal programs, policies, practices, and activities on
communities of color, low-income communities, and Tribal and
Indigenous communities;
(2) to promote meaningful involvement and due process in
the development, implementation, and enforcement of
environmental laws;
(3) to coordinate with, and provide direct guidance and
technical assistance to, environmental justice 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 resilient communities; and
(5) to develop and update a strategy to address current and
historical environmental injustice, in consultation with the
National Environmental Justice Advisory Council and local
environmental justice leaders, that includes--
(A) clear performance metrics to ensure
accountability; and
(B) an annually published public performance
scorecard on the implementation of the White House
interagency council.
(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 Services.
(7) The Secretary of Homeland Security.
(8) The Secretary of Housing and Urban Development.
(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.
(17) The Assistant to the President for Domestic Policy.
(18) The Director of the National Economic Council.
(19) The Chairperson of the Council on Environmental
Quality.
(20) The Chairperson of the Council of Economic Advisers.
(21) The Director of the National Institutes of Health.
(22) The Director of the Office of Environmental 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 Environmental Justice
Advisory Council.
(28) The head of any other agency that the President may
designate.
(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
governments, 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, education, immigration
status, linguistic isolation, historical trauma, and
lack of community resources.
(E) Cumulative impacts or risks.
(F) Community vulnerability or susceptibility to
adverse human health and environmental effects
(including climate change).
(G) Barriers to meaningful involvement in the
development, implementation, and enforcement of
environmental laws.
(H) Community capacity to address environmental
concerns, including the capacity to obtain equitable
access to environmental amenities.
(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 document under paragraph (1),
the head of each Federal agency participating in the White
House interagency council shall document the ways in which the
Federal agency will incorporate guidance from the document into
the environmental justice strategy of the Federal agency
developed and finalized under section 9(b).
(g) Development of Interagency Federal Environmental Justice
Strategy.--
(1) In general.--Not less frequently than once every 3
years, after notice and opportunity for public comment, the
White House interagency council 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 Environmental Justice
Advisory Council and local environmental justice
leaders; and
(C) include in the interagency Federal
environmental justice strategy clear performance
metrics to ensure accountability.
(3) Annual performance scorecard.--The White House
interagency council shall annually publish a public performance
scorecard on the implementation 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 environmental 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).
(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 appropriations.
(2) Other agencies.--To the extent permitted by law,
including section 1535 of title 31, United States Code
(commonly known as the ``Economy Act''), and subject to the
availability of appropriations, the Secretary of Labor, the
Secretary of Transportation, and the Administrator of the
Environmental Protection Agency shall provide administrative
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
(C) direct the work of the White House interagency
council.
(2) Executive director.--The Chairperson of the Council on
Environmental Quality shall designate 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 described 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 direction of the
Chairperson of the Council on Environmental Quality, the White House
interagency council may establish 1 or more subgroups consisting
exclusively of White House interagency council members or their
designees under this section, as appropriate.
SEC. 9. FEDERAL AGENCY ACTIONS AND RESPONSIBILITIES.
(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 environment
in a manner that ensures that each such program, policy, practice, or
activity does not have an effect of excluding 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 interagency council shall develop and finalize an
agencywide environmental justice strategy that--
(A) identifies staff to support implementation of
the Federal agency's environmental justice strategy;
(B) identifies and addresses any disproportionately
high or adverse human health or environmental effects
of its programs, policies, practices, and activities
on--
(i) communities of color;
(ii) low-income communities; and
(iii) Tribal and Indigenous communities;
and
(C) complies with each requirement described in
paragraph (2).
(2) Contents.--Each environmental justice strategy
developed by a Federal agency under paragraph (1) shall
contain--
(A) an assessment that identifies each program,
policy, practice, and activity (including any public
participation process) of the Federal agency, relating
to human health or the environment that the Federal
agency determines should be revised--
(i) to ensure that all persons have the
same degree of protection from environmental
and health hazards;
(ii) to ensure meaningful public
involvement and due process in the development,
implementation, and enforcement of all Federal
laws;
(iii) to improve direct guidance and
technical assistance to environmental justice
communities with respect to the understanding
of the science, regulations, and policy related
to Federal agency action on environmental
justice issues;
(iv) to improve awareness of environmental
justice issues relating to agency activities,
including awareness among impacted parents and
children in environmental justice communities;
(v) to improve cooperation with State
governments, Indian Tribes, and local
governments to address pollution and public
health burdens in environmental justice
communities, and build healthy, sustainable,
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
communities, and Tribal and Indigenous
communities;
(II) climate change; and
(III) the inequitable distribution
of burdens and benefits of the
management and use of natural
resources, including water, minerals,
and land; and
(vii) to reduce or eliminate
disproportionately adverse human health or
environmental 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
subparagraph (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 annually thereafter, a
Federal agency that participates in the White House
interagency council shall submit to the White House
interagency council a report describing the progress of
the Federal agency in implementing the environmental
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
require.
(4) Revision of agencywide environmental 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 interagency council a
copy of the revised version of the environmental
justice strategy of the Federal 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 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 agency's
ability to carry out its core missions.
(B) Availability to public.--Each petition
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
interest in breaking cycles of environmental injustice,
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 communities,
and Tribal and Indigenous communities; or
(ii) exacerbate, or fail to ameliorate, any
disproportionately adverse human health or
environmental effect on any community 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
written appeal to--
(aa) the Council on
Environmental 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 appeal
shall contain a description of each
reason why the exemption that is the
subject of the petition is unnecessary.
(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 submitted by an individual
under that clause, the President shall provide
to the individual a written notification
describing the decision of the President with
respect to the appeal.
(c) Human Health and Environmental Research, Data Collection, and
Analysis.--
(1) Research.--Each Federal agency, to the maximum extent
practicable and permitted by applicable law, shall--
(A) in conducting environmental, public access, 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 communities of color, low-income
communities, and Tribal and Indigenous communities;
(B) in conducting environmental or human health
analyses, identify multiple and cumulative exposures,
including potentially exacerbated risks due to current
and future climate impacts; and
(C) actively encourage and solicit community-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 maximum 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 information
assessing and comparing environmental and human health
risks borne by populations identified by race, national
origin, income, or other readily available and
appropriate information; and
(B) use that information to determine whether the
programs, policies, and activities of the Federal
agency have disproportionally adverse 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 applicable law, shall collect, maintain, and analyze
information relating to the race, national origin, and income
level, and other readily accessible and appropriate
information, for communities of color, low-income communities,
and Tribal and Indigenous communities 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
substantial 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, maintain, and analyze information relating
to the race, national origin, and income level, and other
readily accessible and appropriate information, for communities
of color, low-income communities, and Tribal and Indigenous
communities in proximity to any facility 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 actions to address environmental justice in
minority populations and low-income populations); and
(B) expected to have a substantial environmental,
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 revise, as practicable and
appropriate, guidance on actions 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--
(A) reflect the latest scientific information
available concerning methods for evaluating the human
health risks associated with the consumption of
pollutant-bearing fish or wildlife; and
(B) publish the risks of such consumption patterns.
(e) Mapping and Screening Tool.--The Administrator 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 following 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 promulgated pursuant
to this section); or
(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 efforts through the use of existing data systems and
cooperative 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 ``Environmental Justice Guidance Under the National
Environmental Policy Act'' and dated December 10, 1997, are
enacted into law.
(2) Environmental protection agency.--The guidance issued
by the Environmental Protection Agency entitled ``EPA Policy on
Consultation and Coordination with Indian Tribes: Guidance for
Discussing Tribal Treaty Rights'' and dated February 2016 is
enacted into law.
SEC. 10. OMBUDS.
(a) Establishment.--The Administrator shall establish within the
Environmental Protection Agency a position 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 Protection 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 complaints and
allegations with respect to environmental justice
programs and activities of the Environmental Protection
Agency; and
(B) to assist individuals in resolving complaints
and allegations described in subparagraph (A),
including training on restorative justice and conflict
resolution;
(2) identify and thereafter review, examine, and make
recommendations to the Administrator to address recurring and
chronic complaints regarding specific environmental justice
programs and activities of the Environmental Protection Agency
identified by the Ombuds pursuant to paragraph (1);
(3) review the Environmental Protection Agency'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 recommendations 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 Environmental Justice Ombuds to
hire such staff as the Environmental Justice Ombuds determines
to be necessary to carry out at each regional office of the
Environmental Protection Agency the functions of the
Environmental Justice Ombuds described in subsection (c).
(2) Purposes.--Staff hired pursuant to paragraph (1)
shall--
(A) foster cooperation between the Environmental
Protection Agency and environmental 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 Environmental 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.
SEC. 11. ACCESS TO PARKS, OUTDOOR SPACES, AND PUBLIC RECREATION
OPPORTUNITIES.
(a) Definitions.--In this section:
(1) Eligible entity.--The term ``eligible entity'' means an
entity that represents or otherwise serves a qualifying urban
area.
(2) Eligible nonprofit organization.--The term ``eligible
nonprofit organization'' means an organization 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, including--
(i) a city;
(ii) a county; and
(iii) a special purpose district that
manages open space, including a park district;
and
(C) an Indian Tribe, urban Indian organization, 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 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 household 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 partnership 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
(C) an area administered by an Indian Tribe or an
Alaska Native or Native Hawaiian community
organization.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) State.--The term ``State'' means each of the several
States, the District of Columbia, and each territory of the
United States.
(b) Grants Authorized.--
(1) Establishment of program.--
(A) In general.--The Secretary shall establish an
outdoor recreation legacy partnership program under
which the Secretary may award grants to eligible
entities for projects--
(i) to acquire land and water for parks and
other outdoor recreation purposes in qualifying
urban areas; and
(ii) to develop new or renovate existing
outdoor recreation facilities that provide
outdoor recreation opportunities to the public
in qualifying urban areas.
(B) Priority.--In awarding grants to eligible
entities under subparagraph (A), the Secretary shall
give priority to projects that--
(i) create or significantly enhance access
to park and recreational opportunities in an
urban neighborhood or community;
(ii) engage and empower underserved
communities and youth;
(iii) provide employment or job training
opportunities for youth or underserved
communities;
(iv) establish or expand public-private
partnerships, with a focus on leveraging
resources; and
(v) take advantage of coordination among
various levels of government.
(2) Matching requirement.--
(A) In general.--As a condition of receiving a
grant under paragraph (1), an eligible entity shall
provide matching funds in the form of cash or an in-
kind contribution in an amount equal to not less than
100 percent of the amounts made available under the
grant.
(B) Waiver.--The Secretary may waive all or part of
the matching requirement under subparagraph (A) if the
Secretary determines that--
(i) no reasonable means are available
through which the eligible entity can meet the
matching requirement; and
(ii) the probable benefit of the project
outweighs the public interest in the matching
requirement.
(C) Administrative expenses.--Not more than 10
percent of funds provided to an eligible entity under a
grant awarded under paragraph (1) may be used for
administrative expenses.
(3) Considerations.--In awarding grants to eligible
entities under paragraph (1), the Secretary shall consider the
extent to which a project would--
(A) provide recreation opportunities in underserved
communities in which access to parks is not adequate to
meet local needs;
(B) provide opportunities for outdoor recreation
and public land volunteerism;
(C) support innovative or cost-effective ways to
enhance parks and other recreation--
(i) opportunities; or
(ii) delivery of services;
(D) support park and recreation programming
provided by cities, including cooperative agreements
with community-based eligible nonprofit organizations;
(E) develop Native American event sites and
cultural gathering spaces;
(F) expand access to parks and recreational
opportunities for Americans of all abilities; and
(G) provide benefits such as community resilience,
reduction of urban heat islands, enhanced water or air
quality, or habitat for fish or wildlife.
(4) Eligible uses.--
(A) In general.--Subject to subparagraph (B), a
grant recipient may use a grant awarded under paragraph
(1) for a project described in subparagraph (A) or (B)
of that paragraph.
(B) Limitations on use.--A grant recipient may not
use grant funds for--
(i) incidental costs related to land
acquisition, including appraisal and titling;
(ii) operation and maintenance activities;
(iii) facilities that support
semiprofessional or professional athletics;
(iv) indoor facilities, such as recreation
centers or facilities that support primarily
non-outdoor purposes; or
(v) acquisition of land or interests in
land that restrict access to specific persons.
(c) Review and Evaluation Requirements.--In carrying out the
Outdoor Recreation Legacy Partnership Program, the Secretary shall--
(1) conduct an initial screening and technical review of
applications received;
(2) evaluate and score all qualifying applications; and
(3) provide culturally and linguistically appropriate
information to eligible entities (including low-income
communities and eligible entities serving low-income
communities) on--
(A) the opportunity to apply for grants under this
section;
(B) the application procedures by which eligible
entities may apply for grants under this section; and
(C) eligible uses for grants under this section.
(d) Reporting.--
(1) Annual reports.--Not later than 30 days after the last
day of each report period, each State lead agency that receives
a grant under this section shall annually submit to the
Secretary performance and financial reports that--
(A) summarize project activities conducted during
the report period; and
(B) provide the status of the project.
(2) Final reports.--Not later than 90 days after the
earlier of the date of expiration of a project period or the
completion of a project, each State lead agency that receives a
grant under this section shall submit to the Secretary a final
report containing such information as the Secretary may
require.
SEC. 12. TRANSIT TO TRAILS GRANT PROGRAM.
(a) Definitions.--In this section:
(1) Critically underserved community.--The term
``critically underserved community'' means--
(A) a community that can demonstrate to the
Secretary that the community has inadequate,
insufficient, or no park space or recreation
facilities, including by demonstrating--
(i) quality concerns relating to the
available park space or recreation facilities;
(ii) the presence of recreational
facilities that do not serve the needs of the
community; or
(iii) the inequitable distribution of park
space for high-need populations, based on
income, age, or other measures of vulnerability
and need;
(B) a community in which at least 50 percent of the
population is not located within \1/2\ mile of park
space;
(C) a community that is designated as a qualified
opportunity zone under section 1400Z-1 of the Internal
Revenue Code of 1986; or
(D) any other community that the Secretary
determines to be appropriate.
(2) Eligible entity.--The term ``eligible entity'' means--
(A) a State;
(B) a political subdivision of a State (including a
city or a county) that represents or otherwise serves
an urban area or a rural area;
(C) a special purpose district (including a park
district);
(D) an Indian Tribe that represents or otherwise
serves an urban area or a rural area; or
(E) a metropolitan planning organization (as
defined in section 134(b) of title 23, United States
Code).
(3) Program.--The term ``program'' means the Transit to
Trails Grant Program established under subsection (b)(1).
(4) Rural area.--The term ``rural area'' means a community
that is not an urban area.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
(6) Transportation connector.--
(A) In general.--The term ``transportation
connector'' means a system that--
(i) connects 2 ZIP Codes or communities
within a 175-mile radius of a designated
service area; and
(ii) offers rides available to the public.
(B) Inclusions.--The term ``transportation
connector'' includes microtransits, bus lines, bus
rails, light rail, rapid transits, or personal rapid
transits.
(7) Urban area.--The term ``urban area'' means a community
that--
(A) is densely developed;
(B) has residential, commercial, and other
nonresidential areas; and
(C)(i) is an urbanized area with a population of
50,000 or more; or
(ii) is an urban cluster with a population of--
(I) not less than 2,500; and
(II) not more than 50,000.
(b) Grant Program.--
(1) Establishment.--The Secretary shall establish a grant
program, to be known as the ``Transit to Trails Grant
Program'', under which the Secretary shall award grants to
eligible entities for--
(A) projects that develop transportation connectors
or routes in or serving, and related education
materials for, critically underserved communities to
increase access and mobility to Federal or non-Federal
public land, waters, parkland, or monuments; or
(B) projects that facilitate transportation
improvements to enhance access to Federal or non-
Federal public land and recreational opportunities in
critically underserved communities.
(2) Administration.--
(A) In general.--The Secretary shall administer the
program to assist eligible entities in the development
of transportation connectors or routes in or serving,
and related education materials for, critically
underserved communities and Federal or non-Federal
public land, waters, parkland, and monuments.
(B) Joint partnerships.--The Secretary shall
encourage joint partnership projects under the program,
if available, among multiple agencies, including school
districts, nonprofit organizations, metropolitan
planning organizations, regional transportation
authorities, transit agencies, and State and local
governmental agencies (including park and recreation
agencies and authorities) to enhance investment of
public sources.
(C) Annual grant project proposal solicitation,
review, and approval.--
(i) In general.--The Secretary shall--
(I) annually solicit the submission
of project proposals for grants from
eligible entities under the program;
and
(II) review each project proposal
submitted under subclause (I) on a
timeline established by the Secretary.
(ii) Required elements for project
proposal.--A project proposal submitted under
clause (i)(I) shall include--
(I) a statement of the purposes of
the project;
(II) the name of the entity or
individual with overall responsibility
for the project;
(III) a description of the
qualifications of the entity or
individuals identified under subclause
(II);
(IV) a description of--
(aa) staffing and
stakeholder engagement for the
project;
(bb) the logistics of the
project; and
(cc) anticipated outcomes
of the project;
(V) a proposed budget for the funds
and time required to complete the
project;
(VI) information regarding the
source and amount of matching funding
available for the project;
(VII) information that demonstrates
the clear potential of the project to
contribute to increased access to
parkland for critically underserved
communities; and
(VIII) any other information that
the Secretary considers to be necessary
for evaluating the eligibility of the
project for funding under the program.
(iii) Consultation; approval or
disapproval.--The Secretary shall, with respect
to each project proposal submitted under this
subparagraph, as appropriate--
(I) consult with the government of
each State in which the proposed
project is to be conducted;
(II) after taking into
consideration any comments resulting
from the consultation under subclause
(I), approve or disapprove the
proposal; and
(III) provide written notification
of the approval or disapproval to--
(aa) the individual or
entity that submitted the
proposal; and
(bb) each State consulted
under subclause (I).
(D) Priority.--To the extent practicable, in
determining whether to approve project proposals under
the program, the Secretary shall prioritize projects
that are designed to increase access and mobility to
local or neighborhood Federal or non-Federal public
land, waters, parkland, monuments, or recreational
opportunities.
(3) Transportation planning procedures.--
(A) Procedures.--In consultation with the head of
each appropriate Federal land management agency, the
Secretary shall develop, by rule, transportation
planning procedures for projects conducted under the
program that are consistent with metropolitan and
statewide planning processes.
(B) Requirements.--All projects carried out under
the program shall be developed in cooperation with
States and metropolitan planning organizations.
(4) Non-federal contributions.--
(A) In general.--As a condition of receiving a
grant under the program, an eligible entity shall
provide funds in the form of cash or an in-kind
contribution in an amount equal to not less than 100
percent of the amount of the grant.
(B) Sources.--The non-Federal contribution required
under subparagraph (A) may include amounts made
available from State, local, nongovernmental, or
private sources.
(5) Eligible uses.--Grant funds provided under the program
may be used--
(A) to develop transportation connectors or routes
in or serving, and related education materials for,
critically underserved communities to increase access
and mobility to Federal and non-Federal public land,
waters, parkland, and monuments; and
(B) to create or significantly enhance access to
Federal or non-Federal public land and recreational
opportunities in an urban area or a rural area.
(6) Grant amount.--A grant provided under the program shall
be--
(A) not less than $25,000; and
(B) not more than $500,000.
(7) Technical assistance.--It is the intent of Congress
that grants provided under the program deliver project funds to
areas of greatest need while offering technical assistance to
all applicants and potential applicants for grant preparation
to encourage full participation in the program.
(8) Public information.--The Secretary shall ensure that
current schedules and routes for transportation systems
developed after the receipt of a grant under the program are
available to the public, including on a website maintained by
the recipient of a grant.
(c) Reporting Requirement.--
(1) Reports by grant recipients.--The Secretary shall
require a recipient of a grant under the program to submit to
the Secretary at least 1 performance and financial report
that--
(A) includes--
(i) demographic data on communities served
by the project; and
(ii) a summary of project activities
conducted after receiving the grant; and
(B) describes the status of each project funded by
the grant as of the date of the report.
(2) Additional reports.--In addition to the report required
under paragraph (1), the Secretary may require additional
reports from a recipient, as the Secretary determines to be
appropriate, including a final report.
(3) Deadlines.--The Secretary shall establish deadlines for
the submission of each report required under paragraph (1) or
(2).
(d) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each fiscal
year.
SEC. 13. REPEAL OF SUNSET FOR THE EVERY KID OUTDOORS PROGRAM.
Section 9001(b) of the John D. Dingell, Jr. Conservation,
Management, and Recreation Act (16 U.S.C. 6804 note; Public Law 116-9)
is amended by striking paragraph (5).
SEC. 14. PROTECTIONS FOR ENVIRONMENTAL JUSTICE COMMUNITIES AGAINST
HARMFUL FEDERAL ACTIONS.
(a) Purpose.--The purpose of this section is to establish
additional protections relating to Federal actions affecting
environmental justice communities in recognition of the
disproportionate burden of adverse human health or environmental
effects faced by such communities.
(b) Definitions.--In this section:
(1) Environmental impact statement.--The term
``environmental impact statement'' means the detailed statement
of environmental impacts of a proposed action required to be
prepared pursuant to the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(2) Federal action.--The term ``Federal action'' means a
proposed action that requires the preparation of an
environmental impact statement, environmental assessment,
categorical exclusion, or other document under the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.).
(c) Preparation of a Community Impact Report.--A Federal agency
proposing to take a Federal action that has the potential to cause
negative environmental or public health impacts on an environmental
justice community shall prepare a community impact report assessing the
potential impacts of the proposed action.
(d) Contents.--A community impact report described in subsection
(c) shall--
(1) assess the degree to which a proposed Federal action
affecting an environmental justice community will cause
multiple or cumulative exposure to human health and
environmental hazards that influence, exacerbate, or contribute
to adverse health outcomes;
(2) assess relevant public health data and industry data
concerning the potential for multiple or cumulative exposure to
human health or environmental hazards in the area of the
environmental justice community and historical patterns of
exposure to environmental hazards and Federal agencies shall
assess these multiple, or cumulative effects, even if certain
effects are not within the control or subject to the discretion
of the Federal agency proposing the Federal action;
(3) assess the impact of such proposed Federal action on
such environmental justice community's ability to access public
parks, outdoor spaces, and public recreation opportunities;
(4) evaluate alternatives to or mitigation measures for the
proposed Federal action that will--
(A) eliminate or reduce any identified exposure to
human health and environmental hazards described in
paragraph (1) to a level that is reasonably expected to
avoid human health impacts in environmental justice
communities; and
(B) not negatively impact an environmental justice
community's ability to access public parks, outdoor
spaces, and public recreation opportunities;
(5) analyze any alternative developed by members of an
affected environmental justice community that meets the purpose
and need of the proposed action;
(6) assess the impact on access to reliable energy sources
and on electricity prices for low-income communities, minority
communities, Native Americans, and senior citizens;
(7) assess the impact of the Federal action on drought,
domestic food availability, and domestic food prices; and
(8) assess the impact on timely meeting net-zero goals as
outlined in Executive Order 14057.
(e) Delegation.--Federal agencies shall not delegate responsibility
for the preparation of a community impact report described in
subsection (c) to any other entity.
(f) National Environmental Policy Act Requirements for
Environmental Justice Communities.--When carrying out the requirements
of the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.) for a proposed Federal action that may affect an environmental
justice community, a Federal agency shall--
(1) consider all potential direct, indirect, and cumulative
impacts caused by the action, alternatives to such action, and
mitigation measures on the environmental justice community
required by that Act;
(2) require any public comment period carried out during
the scoping phase of the environmental review process to be not
less than 90 days;
(3) provide early and meaningful community involvement
opportunities by--
(A) holding multiple hearings in such community
regarding the proposed Federal action in each prominent
language within the environmental justice community;
and
(B) providing notice of any step or action in the
process under that Act that involves public
participation to any representative entities or
organizations present in the environmental justice
community, including--
(i) local religious organizations;
(ii) civic associations and organizations;
(iii) business associations of people of
color;
(iv) environmental and environmental
justice organizations, including community-
based grassroots organizations led by people of
color;
(v) homeowners', tenants', and neighborhood
watch groups;
(vi) local governments and Indian Tribes;
(vii) rural cooperatives;
(viii) business and trade organizations;
(ix) community and social service
organizations;
(x) universities, colleges, and vocational
schools;
(xi) labor and other worker organizations;
(xii) civil rights organizations;
(xiii) senior citizens' groups; and
(xiv) public health agencies and clinics;
and
(4) provide translations of publicly available documents
made available pursuant to that Act in any language spoken by
more than 5 percent of the population residing within the
environmental justice community.
(g) Communication Methods and Requirements.--Any notice provided
under subsection (f)(3)(B) shall be provided--
(1) through communication methods that are accessible in
the environmental justice community, which may include
electronic media, newspapers, radio, direct mailings,
canvassing, and other outreach methods particularly targeted at
communities of color, low-income communities, and Tribal and
Indigenous communities; and
(2) at least 30 days before any hearing in such community
or the start of any public comment period.
(h) Requirements for Actions Requiring an Environmental Impact
Statement.--For any proposed Federal action affecting an environmental
justice community requiring the preparation of an environmental impact
statement, the Federal agency shall provide the following information
when giving notice of the proposed action:
(1) A description of the proposed action.
(2) An outline of the anticipated schedule for completing
the process under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.), with a description of key milestones.
(3) An initial list of alternatives and potential impacts.
(4) An initial list of other existing or proposed sources
of multiple or cumulative exposure to environmental hazards
that contribute to higher rates of serious illnesses within the
environmental justice community.
(5) An agency point of contact.
(6) Timely notice of locations where comments will be
received or public meetings held.
(7) Any telephone number or locations where further
information can be obtained.
(i) National Environmental Policy Act Requirements for Indian
Tribes.--When carrying out the requirements of the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for a
proposed Federal action that may affect an Indian Tribe, a Federal
agency shall--
(1) seek Tribal representation in the process in a manner
that is consistent with the government-to-government
relationship between the United States and Indian Tribes, the
Federal Government's trust responsibility to federally
recognized Indian Tribes, and any treaty rights;
(2) ensure that an Indian Tribe is invited to hold the
status of a cooperating agency throughout the process under
that Act for any proposed action that could impact an Indian
Tribe, including actions that could impact off reservation
lands and sacred sites; and
(3) invite an Indian Tribe to hold the status of a
cooperating agency in accordance with paragraph (2) not later
than the date on which the scoping process for a proposed
action requiring the preparation of an environmental impact
statement commences.
(j) Agency Determinations.--Federal agency determinations about the
analysis of a community impact report described in subsection (c) shall
be subject to judicial review to the same extent as any other analysis
performed under the National Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.).
(k) Effective Date.--This section shall take effect 1 year after
the date of enactment of this Act.
(l) Savings Clause.--Nothing in this section diminishes--
(1) any right granted through the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) to the public; or
(2) the requirements under that Act to consider direct,
indirect, and cumulative impacts.
SEC. 15. STRENGTHENING COMMUNITY PROTECTIONS UNDER THE NATIONAL
ENVIRONMENTAL POLICY ACT.
Title I of the National Environmental Policy Act of 1969 (42 U.S.C.
4331 et seq.) is amended--
(1) in section 101(a)--
(A) by striking ``man's'' and inserting ``human'';
and
(B) by striking ``man'' each place it appears and
inserting ``humankind'';
(2) in section 102--
(A) by striking ``The Congress authorizes and
directs that, to the fullest extent possible:'' and
inserting ``The Congress authorizes and directs that,
notwithstanding any other provision of law and to the
fullest extent possible:'';
(B) in paragraph (2)--
(i) by striking ``insure'' each place it
appears and inserting ``ensure'';
(ii) in subparagraph (A), by striking
``man's'' and inserting ``the human''; and
(iii) in subparagraph (C)--
(I) by striking clause (iii) and
inserting the following:
``(iii) a reasonable range of alternatives that--
``(I) are technically feasible,
``(II) are economically feasible, and
``(III) where applicable, do not cause or
contribute to adverse cumulative effects,
including effects caused by exposure to
environmental pollution, on an overburdened
community that are higher than those borne by
other communities within the State, county, or
other geographic unit of analysis as determined
by the agency preparing or having taken primary
responsibility for preparing the environmental
document pursuant to this Act, except that
where the agency determines that an alternative
will serve a compelling public interest in the
affected overburdened community with conditions
to protect public health,''; and
(II) in clause (iv), by striking
``man's'' and inserting ``the human'';
(C) in subparagraph (E), by inserting ``that are
consistent with subparagraph (C)(3)'' after ``describe
appropriate alternatives''; and
(D) in subparagraph (F), by striking ``mankind's''
and inserting ``humankind's''; and
(3) by adding at the end the following:
``SEC. 106. DEFINITIONS.
``In this Act:
``(1) Effect; impact.--The terms `effect' and `impact' mean
changes to the human environment from the proposed action or
alternatives that are reasonably foreseeable and include the
following:
``(A) Direct effects, which are caused by the
action and occur at the same time and place.
``(B) Indirect effects, which are caused by the
action and are later in time or farther removed in
distance, but are still reasonably foreseeable.
Indirect effects may include growth inducing effects
and other effects related to induced changes in the
pattern of land use, population density or growth rate,
and related effects on air and water and other natural
systems, including ecosystems.
``(C) Cumulative effects, which are effects on the
environment that result from the incremental effects of
the action when added to the effects of other past,
present, and reasonably foreseeable actions regardless
of what agency (Federal or non-Federal) or person
undertakes such other actions. Cumulative effects can
result from individually minor but collectively
significant actions taking place over a period of time.
``(D) Effects that are ecological (such as the
effects on natural resources and on the components,
structures, and functioning of affected ecosystems),
aesthetic, historic, cultural, economic, social,
health, whether direct, indirect, or cumulative.
Effects may also include those resulting from actions
which may have both beneficial and detrimental effects,
even if on balance the agency believes that the effects
will be beneficial.
``(2) Limited english proficiency.--The term `limited
English proficiency' means that a household does not have an
adult that speaks English very well according to the United
States Census Bureau.
``(3) Low-income household.--The term `low-income
household' means a household that is at or below twice the
poverty threshold as that threshold is determined annually by
the United States Census Bureau.
``(4) Overburdened community.--The term `overburdened
community' means any census block group, as determined in
accordance with the most recent United States Census, in which:
``(A) at least 35 percent of the households qualify
as low-income households;
``(B) at least 40 percent of the residents identify
as minority or as members of a Tribal and Indigenous
community; or
``(C) at least 40 percent of the households have
limited English proficiency.
``(5) Tribal and indigenous community.--The term `Tribal
and Indigenous community' means a population of people who are
members of--
``(A) a federally recognized Indian Tribe;
``(B) a State-recognized Indian Tribe;
``(C) an Alaska Native or Native Hawaiian community
or organization; or
``(D) any other community of Indigenous people
located in a State.''.
SEC. 16. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES.
(a) Initial Training.--Not later than 1 year after the date of
enactment of this Act, each employee of the Department of Energy, the
Environmental Protection Agency, the Department of the Interior, and
the National Oceanic and Atmospheric Administration shall complete an
environmental justice training program to ensure that each such
employee--
(1) has received training in environmental justice; and
(2) is capable of--
(A) appropriately incorporating environmental
justice concepts into the daily activities of the
employee; and
(B) increasing the meaningful participation of
individuals from environmental justice communities in
the activities of the applicable agency.
(b) Mandatory Participation.--Effective on the date that is 1 year
after the date of enactment of this Act, each individual hired by the
Department of Energy, the Environmental Protection Agency, the
Department of the Interior, and the National Oceanic and Atmospheric
Administration after that date shall be required to participate in
environmental justice training.
(c) Requirement Relating to Certain Employees.--
(1) In general.--With respect to each Federal agency that
participates in the Working Group, not later than 30 days after
the date on which an individual is appointed to the position of
environmental justice coordinator, Environmental Justice
Ombuds, or any other position the responsibility of which
involves the conduct of environmental justice activities, the
individual shall be required to possess documentation of the
completion by the individual of environmental justice training.
(2) Effect.--If an individual described in paragraph (1)
fails to meet the requirement described in that paragraph, the
Federal agency at which the individual is employed shall
transfer the individual to a different position until the date
on which the individual completes environmental justice
training.
(3) Evaluation.--Not later than 3 years after the date of
enactment of this Act, the Inspector General of each Federal
agency that participates in the Working Group shall evaluate
the training programs of such Federal agency to determine if
such Federal agency has improved the rate of training of the
employees of such Federal agency to ensure that each employee
has received environmental justice training.
SEC. 17. ENVIRONMENTAL JUSTICE GRANT PROGRAMS.
(a) Environmental Justice Community Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
eligible entities to assist the eligible entities in--
(A) building capacity to address issues relating to
environmental justice; and
(B) carrying out any activity described in
paragraph (4).
(2) Eligibility.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall be a nonprofit,
community-based organization that conducts activities,
including providing medical and preventive health services, to
reduce the disproportionate health impacts of environmental
pollution in the environmental justice community at which the
eligible entity proposes to conduct an activity that is the
subject of the application described in paragraph (3).
(3) Application.--To be eligible to receive a grant under
paragraph (1), an eligible entity shall submit to the
Administrator an application at such time, in such manner, and
containing such information as the Administrator may require,
including--
(A) an outline describing the means by which the
project proposed by the eligible entity will--
(i) with respect to environmental and
public health issues at the local level,
increase the understanding of the environmental
justice community at which the eligible entity
will conduct the project;
(ii) improve the ability of the
environmental justice community to address each
issue described in clause (i);
(iii) facilitate collaboration and
cooperation among various stakeholders
(including members of the environmental justice
community); and
(iv) support the ability of the
environmental justice community to proactively
plan and implement just sustainable community
development and revitalization initiatives,
including countering displacement and
gentrification;
(B) a proposed budget for each activity of the
project that is the subject of the application;
(C) a list of proposed outcomes with respect to the
proposed project;
(D) a description of the ways by which the eligible
entity may leverage the funds of the eligible entity,
or the funds made available through a grant under this
subsection, to develop a project that is capable of
being sustained beyond the period of the grant; and
(E) a description of the ways by which the eligible
entity is linked to, and representative of, the
environmental justice community at which the eligible
entity will conduct the project.
(4) Use of funds.--An eligible entity may only use a grant
under this subsection to carry out culturally and
linguistically appropriate projects and activities that are
driven by the needs, opportunities, and priorities of the
environmental justice community at which the eligible entity
proposes to conduct the project or activity to address
environmental justice concerns and improve the health or
environment of the environmental justice community, including
activities--
(A) to create or develop collaborative
partnerships;
(B) to educate and provide outreach services to the
environmental justice community;
(C) to identify and implement projects to address
environmental or public health concerns; or
(D) to develop a comprehensive understanding of
environmental or public health issues.
(5) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing the ways by which the
grant program under this subsection has helped
community-based nonprofit organizations address issues
relating to environmental justice.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(6) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2024 through 2028.
(b) State Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
States to enable the States--
(A) to establish culturally and linguistically
appropriate protocols, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental effects on environmental justice
communities in the State, including reducing economic
vulnerabilities that result in the environmental
justice communities being disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant
under paragraph (1), a State shall submit to the
Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require, including--
(i) a plan that contains a description of
the means by which the funds provided through a
grant under paragraph (1) will be used to
address issues relating to environmental
justice at the State level; and
(ii) assurances that the funds provided
through a grant under paragraph (1) will be
used only to supplement the amount of funds
that the State allocates for initiatives
relating to environmental justice.
(B) Ability to continue program.--To be eligible to
receive a grant under paragraph (1), a State shall
demonstrate to the Administrator that the State has the
ability to continue each program that is the subject of
funds provided through a grant under paragraph (1)
after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing--
(i) the implementation of the grant program
established under paragraph (1);
(ii) the impact of the grant program on
improving the ability of each participating
State to address environmental justice issues;
and
(iii) the activities carried out by each
State to reduce or eliminate disproportionately
adverse human health or environmental effects
on environmental justice communities in the
State.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $15,000,000 for
each of fiscal years 2024 through 2028.
(c) Tribal Grant Program.--
(1) Establishment.--The Administrator shall establish a
program under which the Administrator shall provide grants to
Indian Tribes--
(A) to establish culturally and linguistically
appropriate protocols, activities, and mechanisms for
addressing issues relating to environmental justice;
and
(B) to carry out culturally and linguistically
appropriate activities to reduce or eliminate
disproportionately adverse human health or
environmental effects on environmental justice
communities in Tribal and Indigenous communities,
including reducing economic vulnerabilities that result
in the Tribal and Indigenous communities being
disproportionately affected.
(2) Eligibility.--
(A) Application.--To be eligible to receive a grant
under paragraph (1), an Indian Tribe shall submit to
the Administrator an application at such time, in such
manner, and containing such information as the
Administrator may require, including--
(i) a plan that contains a description of
the means by which the funds provided through a
grant under paragraph (1) will be used to
address issues relating to environmental
justice in Tribal and Indigenous communities;
and
(ii) assurances that the funds provided
through a grant under paragraph (1) will be
used only to supplement the amount of funds
that the Indian Tribe allocates for initiatives
relating to environmental justice.
(B) Ability to continue program.--To be eligible to
receive a grant under paragraph (1), an Indian Tribe
shall demonstrate to the Administrator that the Indian
Tribe has the ability to continue each program that is
the subject of funds provided through a grant under
paragraph (1) after receipt of the funds.
(3) Report.--
(A) In general.--Not later than 1 year after the
date of enactment of this Act, and annually thereafter,
the Administrator shall submit to the Committees on
Energy and Commerce and Natural Resources of the House
of Representatives and the Committees on Environment
and Public Works and Energy and Natural Resources of
the Senate a report describing--
(i) the implementation of the grant program
established under paragraph (1);
(ii) the impact of the grant program on
improving the ability of each participating
Indian Tribe to address environmental justice
issues; and
(iii) the activities carried out by each
Indian Tribe to reduce or eliminate
disproportionately adverse human health or
environmental effects on applicable
environmental justice communities in Tribal and
Indigenous communities.
(B) Public availability.--The Administrator shall
make each report required under subparagraph (A)
available to the public (including by posting a copy of
the report on the website of the Environmental
Protection Agency).
(4) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $25,000,000 for
each of fiscal years 2024 through 2028.
(d) Community-Based Participatory Research Grant Program.--
(1) Establishment.--The Administrator, in consultation with
the Director, shall establish a program under which the
Administrator shall provide not more than 25 multiyear grants
to eligible entities to carry out community-based participatory
research--
(A) to address issues relating to environmental
justice;
(B) to improve the environment of residents and
workers in environmental justice communities; and
(C) to improve the health outcomes of residents and
workers in environmental justice communities.
(2) Eligibility.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall be a
partnership composed of--
(A) an accredited institution of higher education;
and
(B) a community-based organization.
(3) Application.--To be eligible to receive a multiyear
grant under paragraph (1), an eligible entity shall submit to
the Administrator an application at such time, in such manner,
and containing such information as the Administrator may
require, including--
(A) a detailed description of the partnership of
the eligible entity that, as determined by the
Administrator, demonstrates the participation of
members of the community at which the eligible entity
proposes to conduct the research; and
(B) a description of--
(i) the project proposed by the eligible
entity; and
(ii) the ways by which the project will--
(I) address issues relating to
environmental justice;
(II) assist in the improvement of
health outcomes of residents and
workers in environmental justice
communities; and
(III) assist in the improvement of
the environment of residents and
workers in environmental justice
communities.
(4) Public availability.--The Administrator shall make the
results of the grants provided under this subsection available
to the public, including by posting on the website of the
Environmental Protection Agency a copy of the grant awards and
an annual report at the beginning of each fiscal year
describing the research findings associated with each grant
provided under this subsection.
(5) Authorization of appropriations.--There is authorized
to be appropriated to carry out this subsection $10,000,000 for
each of fiscal years 2024 through 2028.
SEC. 18. ENVIRONMENTAL JUSTICE BASIC TRAINING PROGRAM.
(a) Establishment.--The Administrator shall establish a basic
training program, in coordination and consultation with nongovernmental
environmental justice organizations, to increase the capacity of
residents of environmental justice communities to identify and address
disproportionately adverse human health or environmental effects by
providing culturally and linguistically appropriate--
(1) training and education relating to--
(A) basic and advanced techniques for the
detection, assessment, and evaluation of the effects of
hazardous substances on human health;
(B) methods to assess the risks to human health
presented by hazardous substances;
(C) methods and technologies to detect hazardous
substances in the environment;
(D) basic biological, chemical, and physical
methods to reduce the quantity and toxicity of
hazardous substances;
(E) the rights and safeguards currently afforded to
individuals through policies and laws intended to help
environmental justice communities address disparate
impacts and discrimination, including--
(i) environmental laws; and
(ii) section 602 of the Civil Rights Act of
1964 (42 U.S.C. 2000d-1);
(F) public engagement opportunities through the
policies and laws described in subparagraph (E);
(G) materials available on the Clearinghouse;
(H) methods to expand access to parks and other
natural and recreational amenities; and
(I) finding and applying for Federal grants related
to environmental justice; and
(2) short courses and continuation education programs for
residents of communities who are located in close proximity to
hazardous substances to provide--
(A) education relating to--
(i) the proper manner to handle hazardous
substances;
(ii) the management of facilities at which
hazardous substances are located (including
facility compliance protocols); and
(iii) the evaluation of the hazards that
facilities described in clause (ii) pose to
human health; and
(B) training on environmental and occupational
health and safety with respect to the public health and
engineering aspects of hazardous waste control.
(b) Grant Program.--
(1) Establishment.--In carrying out the basic training
program established under subsection (a), the Administrator may
provide grants to, or enter into any contract or cooperative
agreement with, an eligible entity to carry out any training or
educational activity described in subsection (a).
(2) Eligible entity.--To be eligible to receive assistance
under paragraph (1), an eligible entity shall be an accredited
institution of education in partnership with--
(A) a community-based organization that carries out
activities relating to environmental justice;
(B) a generator of hazardous waste;
(C) any individual who is involved in the
detection, assessment, evaluation, or treatment of
hazardous waste;
(D) any owner or operator of a facility at which
hazardous substances are located; or
(E) any State government, Indian Tribe, or local
government.
(c) Plan.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, the Administrator, in consultation with
the Director, shall develop and publish in the Federal Register
a plan to carry out the basic training program established
under subsection (a).
(2) Contents.--The plan described in paragraph (1) shall
contain--
(A) a list that describes the relative priority of
each activity described in subsection (a); and
(B) a description of research and training relevant
to environmental justice issues of communities
adversely affected by pollution.
(3) Coordination with federal agencies.--The Administrator
shall, to the maximum extent practicable, take appropriate
steps to coordinate the activities of the basic training
program described in the plan with the activities of other
Federal agencies to avoid any duplication of effort.
(d) Report.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, and every 2 years thereafter, the
Administrator shall submit to the Committees on Energy and
Commerce and Natural Resources of the House of Representatives
and the Committees on Environment and Public Works and Energy
and Natural Resources of the Senate a report describing--
(A) the implementation of the basic training
program established under subsection (a); and
(B) the impact of the basic training program on
improving training opportunities for residents of
environmental justice communities.
(2) Public availability.--The Administrator shall make the
report required under paragraph (1) available to the public
(including by posting a copy of the report on the website of
the Environmental Protection Agency).
(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $10,000,000 for each of fiscal
years 2024 through 2028.
SEC. 19. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.
(a) Establishment.--The President shall establish an advisory
council, to be known as the ``National Environmental Justice Advisory
Council''.
(b) Membership.--The Advisory Council shall be composed of 26
members who have knowledge of, or experience relating to, the effect of
environmental conditions on communities of color, low-income
communities, and Tribal and Indigenous communities, including--
(1) representatives of--
(A) community-based organizations that carry out
initiatives relating to environmental justice,
including grassroots organizations led by people of
color;
(B) State governments, Indian Tribes, and local
governments;
(C) Tribal Organizations and other Indigenous
communities;
(D) nongovernmental and environmental
organizations; and
(E) private sector organizations (including
representatives of industries and businesses); and
(2) experts in the field of--
(A) socioeconomic analysis;
(B) health and environmental effects;
(C) exposure evaluation;
(D) environmental law and civil rights law; or
(E) environmental health science research.
(c) Subcommittees; Workgroups.--
(1) Establishment.--The Advisory Council may establish any
subcommittee or workgroup to assist the Advisory Council in
carrying out any duty of the Advisory Council described in
subsection (d).
(2) Report.--Upon the request of the Advisory Council, each
subcommittee or workgroup established by the Advisory Council
under paragraph (1) shall submit to the Advisory Council a
report that contains--
(A) a description of each recommendation of the
subcommittee or workgroup; and
(B) any advice requested by the Advisory Council
with respect to any duty of the Advisory Council.
(d) Duties.--The Advisory Council shall provide independent advice
and recommendations to the Environmental Protection Agency with respect
to issues relating to environmental justice, including advice--
(1) to help develop, facilitate, and conduct reviews of the
direction, criteria, scope, and adequacy of the scientific
research and demonstration projects of the Environmental
Protection Agency relating to environmental justice;
(2) to improve participation, cooperation, and
communication with respect to such issues--
(A) within the Environmental Protection Agency;
(B) between the Environmental Protection Agency and
other entities; and
(C) between, and among, the Environmental
Protection Agency and Federal agencies, State and local
governments, Indian Tribes, environmental justice
leaders, interest groups, and the public;
(3) requested by the Administrator to help improve the
response of the Environmental Protection Agency in securing
environmental justice for communities of color, low-income
communities, and Tribal and Indigenous communities; and
(4) on issues relating to--
(A) the developmental framework of the
Environmental Protection Agency with respect to the
integration by the Environmental Protection Agency of
socioeconomic programs into the strategic planning,
annual planning, and management accountability of the
Environmental Protection Agency to achieve
environmental justice results throughout the
Environmental Protection Agency;
(B) the measurement and evaluation of the progress,
quality, and adequacy of the Environmental Protection
Agency in planning, developing, and implementing
environmental justice strategies, projects, and
programs;
(C) any existing and future information management
systems, technologies, and data collection activities
of the Environmental Protection Agency (including
recommendations to conduct analyses that support and
strengthen environmental justice programs in
administrative and scientific areas);
(D) the administration of grant programs relating
to environmental justice assistance; and
(E) education, training, and other outreach
activities conducted by the Environmental Protection
Agency relating to environmental justice.
(e) Meetings.--
(1) Frequency.--
(A) In general.--Subject to subparagraph (B), the
Advisory Council shall meet biannually.
(B) Authority of administrator.--The Administrator
may require the Advisory Council to conduct additional
meetings if the Administrator determines that the
conduct of any additional meetings is necessary.
(2) Public participation.--
(A) In general.--Subject to subparagraph (B), each
meeting of the Advisory Council shall be open to the
public to provide the public an opportunity--
(i) to submit comments to the Advisory
Council; and
(ii) to appear before the Advisory Council.
(B) Authority of administrator.--The Administrator
may close any meeting, or portion of any meeting, of
the Advisory Council to the public.
(f) FACA.--The Federal Advisory Committee Act (5 U.S.C. App.) shall
apply to the Advisory Council.
(g) Travel Expenses.--The Administrator may provide to any member
of the Advisory Council travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency under
subchapter I of chapter 57 of title 5, United States Code, while away
from the home or regular place of business of the member in the
performance of the duties of the Advisory Council.
SEC. 20. ENVIRONMENTAL JUSTICE CLEARINGHOUSE.
(a) Establishment.--Not later than 1 year after the date of
enactment of this Act, the Administrator shall establish a public
internet-based clearinghouse, to be known as the Environmental Justice
Clearinghouse.
(b) Contents.--The Clearinghouse shall be composed of culturally
and linguistically appropriate materials related to environmental
justice, including--
(1) information describing the activities conducted by the
Environmental Protection Agency to address issues relating to
environmental justice;
(2) copies of training materials provided by the
Administrator to help individuals and employees understand and
carry out environmental justice activities;
(3) links to web pages that describe environmental justice
activities of other Federal agencies;
(4) a directory of individuals who possess technical
expertise in issues relating to environmental justice;
(5) a directory of nonprofit and community-based
organizations, including grassroots organizations led by people
of color, that address issues relating to environmental justice
at the local, State, and Federal levels (with particular
emphasis given to nonprofit and community-based organizations
that possess the capability to provide advice or technical
assistance to environmental justice communities); and
(6) any other appropriate information as determined by the
Administrator, including information on any resources available
to help address the disproportionate burden of adverse human
health or environmental effects on environmental justice
communities.
(c) Consultation.--In developing the Clearinghouse, the
Administrator shall consult with individuals representing academic and
community-based organizations who have expertise in issues relating to
environmental justice.
(d) Annual Review.--The Advisory Council shall--
(1) conduct a review of the Clearinghouse on an annual
basis; and
(2) recommend to the Administrator any updates for the
Clearinghouse that the Advisory Council determines to be
necessary for the effective operation of the Clearinghouse.
SEC. 21. PUBLIC MEETINGS.
(a) In General.--Not later than 2 years after the date of enactment
of this Act, and biennially thereafter, the Administrator shall hold
public meetings on environmental justice issues in each region of the
Environmental Protection Agency to gather public input with respect to
the implementation and updating of environmental justice strategies and
efforts of the Environmental Protection Agency.
(b) Outreach to Environmental Justice Communities.--The
Administrator, in advance of the meetings described in subsection (a),
shall to the extent practicable hold multiple meetings in environmental
justice communities in each region to provide meaningful community
involvement opportunities.
(c) Notice.--Notice for the meetings described in subsections (a)
and (b) shall be provided--
(1) to applicable representative entities or organizations
present in the environmental justice community, including--
(A) local religious organizations;
(B) civic associations and organizations;
(C) business associations of people of color;
(D) environmental and environmental justice
organizations;
(E) homeowners', tenants', and neighborhood watch
groups;
(F) local governments;
(G) Indian Tribes, Tribal Organizations, and other
Indigenous communities;
(H) rural cooperatives;
(I) business and trade organizations;
(J) community and social service organizations;
(K) universities, colleges, and vocational schools;
(L) labor organizations;
(M) civil rights organizations;
(N) senior citizens' groups; and
(O) public health agencies and clinics;
(2) through communication methods that are accessible in
the applicable environmental justice community, which may
include electronic media, newspapers, radio, and other media
particularly targeted at communities of color, low-income
communities, and Tribal and Indigenous communities; and
(3) at least 30 days before any such meeting.
(d) Communication Methods and Requirements.--The Administrator
shall--
(1) provide translations of any documents made available to
the public pursuant to this section in any language spoken by
more than 5 percent of the population residing within the
applicable environmental justice community, and make available
translation services for meetings upon request; and
(2) not require members of the public to produce a form of
identification or register their names, provide other
information, complete a questionnaire, or otherwise fulfill any
condition precedent to attending a meeting, but if an
attendance list, register, questionnaire, or other similar
document is utilized during meetings, it shall state clearly
that the signing, registering, or completion of the document is
voluntary.
(e) Required Attendance of Certain Employees.--In holding a public
meeting under subsection (a), the Administrator shall ensure that at
least 1 employee of the Environmental Protection Agency at the level of
Assistant Administrator is present at the meeting to serve as a
representative of the Environmental Protection Agency.
SEC. 22. ENVIRONMENTAL PROJECTS FOR ENVIRONMENTAL JUSTICE COMMUNITIES.
The Administrator shall ensure that all environmental projects
developed as part of a settlement relating to violations in an
environmental justice community--
(1) are developed through consultation with, and with the
meaningful participation of, individuals in the affected
environmental justice community; and
(2) result in a quantifiable improvement to the health and
well-being of individuals in the affected environmental justice
community.
SEC. 23. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE
OBJECTIVES.
(a) Grants Authorized.--The Coastal Zone Management Act of 1972 is
amended by inserting after section 309 (16 U.S.C. 1456b) the following:
``SEC. 309A. GRANTS TO FURTHER ACHIEVEMENT OF TRIBAL COASTAL ZONE
OBJECTIVES.
``(a) Grants Authorized.--The Secretary may award competitive
grants to Indian Tribes to further achievement of the objectives of
such a Tribe for such Tribe's Tribal coastal zone.
``(b) Federal Share.--
``(1) In general.--The Federal share of the cost of any
activity carried out with a grant under this section shall be--
``(A) in the case of a grant of less than $200,000,
100 percent of such cost; and
``(B) in the case of a grant of $200,000 or more,
95 percent of such cost, except as provided in
paragraph (2).
``(2) Waiver.--The Secretary may waive the application of
paragraph (1)(B) with respect to a grant to an Indian Tribe, or
otherwise reduce the portion of the share of the cost of an
activity required to be paid by an Indian Tribe under such
paragraph, if the Secretary determines that the Tribe does not
have sufficient funds to pay such portion.
``(c) Compatibility.--The Secretary may not award a grant under
this section unless the Secretary determines that the activities to be
carried out with the grant are compatible with this title.
``(d) Authorized Objectives and Purposes.--An Indian Tribe that
receives a grant under this section shall use the grant funds for one
or more of the objectives and purposes authorized under subsections (b)
and (c), respectively, of section 306A.
``(e) Funding.--There is authorized to be appropriated to carry out
this section $5,000,000 for each of fiscal years 2024 through 2028, of
which not more than 3 percent shall be used for administrative costs to
carry out this section.
``(f) Definitions.--In this section:
``(1) Indian land.--The term `Indian land' has the meaning
given such term under section 2601 of the Energy Policy Act of
1992 (25 U.S.C. 3501).
``(2) Indian tribe.--The term `Indian Tribe' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(3) Tribal coastal zone.--The term `Tribal coastal zone'
means any Indian land that is within the coastal zone.
``(4) Tribal coastal zone objective.--The term `Tribal
coastal zone objective' means, with respect to an Indian Tribe,
any of the following objectives:
``(A) Protection, restoration, or preservation of
areas in the Tribal coastal zone of such Tribe that--
``(i) hold important ecological, cultural,
or sacred significance for such Tribe; or
``(ii) reflect traditional, historic, and
aesthetic values essential to such Tribe.
``(B) Preparing and implementing a special area
management plan and technical planning for important
coastal areas.
``(C) Any coastal or shoreline stabilization
measure, including any mitigation measure, for the
purpose of public safety, public access, or cultural or
historical preservation.''.
(b) Guidance.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Commerce shall issue guidance
for the program established under the amendment made by subsection (a),
including the criteria for awarding grants under such program based on
consultation with Indian Tribes (as that term is defined in that
amendment).
(c) Use of State Grants To Fulfill Tribal Objectives.--Section
306A(c)(2) of the Coastal Zone Management Act of 1972 (16 U.S.C.
1455a(c)(2)) is amended--
(1) in subparagraph (D), by striking ``and'' at the end;
(2) in subparagraph (E), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(F) fulfilling any Tribal coastal zone objective (as that
term is defined in section 309A).''.
(d) Other Programs Not Affected.--Nothing in this section,
including an amendment made by this section, shall be construed to
affect the ability of an Indian Tribe to apply for assistance, receive
assistance under, or participate in any program authorized by any
section of the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et
seq.) or other related Federal laws.
SEC. 24. COSMETIC LABELING.
(a) In General.--Chapter VI of the Federal Food, Drug, and Cosmetic
Act (21 U.S.C. 361 et seq.) is amended by adding at the end the
following:
``SEC. 604. LABELING.
``(a) Cosmetic Products for Professional Use.--
``(1) Definition of professional.--With respect to
cosmetics, the term `professional' means an individual who--
``(A) is licensed by an official State authority to
practice in the field of cosmetology, nail care,
barbering, or esthetics;
``(B) has complied with all requirements set forth
by the State for such licensing; and
``(C) has been granted a license by a State board
or legal agency or legal authority.
``(2) Listing of ingredients.--Cosmetic products used and
sold by professionals shall list all ingredients and warnings,
as required for other cosmetic products under this chapter.
``(3) Professional use labeling.--In the case of a cosmetic
product intended to be used only by a professional on account
of a specific ingredient or increased concentration of an
ingredient that requires safe handling by trained
professionals, the product shall bear a statement as follows:
`To be Administered Only by Licensed Professionals'.
``(b) Display Requirements.--A listing required under subsection
(a)(2) and a statement required under subsection (a)(3) shall be
prominently displayed--
``(1) in the primary language used on the label; and
``(2) in conspicuous and legible type in contrast by
typography, layout, or color with other material printed or
displayed on the label.
``(c) Internet Sales.--In the case of internet sales of cosmetics,
each internet website offering a cosmetic product for sale to consumers
shall provide the same information that is included on the packaging of
the cosmetic product as regularly available through in-person sales,
except information that is unique to a single cosmetic product sold in
a retail facility, such as a lot number or expiration date, and the
warnings and statements described in subsection (b) shall be
prominently and conspicuously displayed on the website.
``(d) Contact Information.--The label on each cosmetic shall bear
the domestic telephone number or electronic contact information, and it
is encouraged that the label include both the telephone number and
electronic contact information, that consumers may use to contact the
responsible person with respect to adverse events. The contact number
shall provide a means for consumers to obtain additional information
about ingredients in a cosmetic, including the ability to ask if a
specific ingredient may be present that is not listed on the label,
including whether a specific ingredient may be contained in the
fragrance or flavor used in the cosmetic. The manufacturer of the
cosmetic is responsible for providing such information, including
obtaining the information from suppliers if it is not readily
available. Suppliers are required to release such information upon
request of the cosmetic manufacturer.''.
(b) Misbranding.--Section 602 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 362) is amended by adding at the end the
following:
``(g) If its labeling does not conform with a requirement under
section 604.''.
(c) Effective Date.--Section 604 of the Federal Food, Drug, and
Cosmetic Act, as added by subsection (a), shall take effect on the date
that is 1 year after the date of enactment of this Act.
SEC. 25. SAFER COSMETIC ALTERNATIVES FOR DISPROPORTIONATELY IMPACTED
COMMUNITIES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Commissioner of Food and Drugs, shall award grants to eligible
entities--
(1) to support research focused on the design of safer
alternatives to chemicals in cosmetics with inherent toxicity
or associated with chronic adverse health effects; or
(2) to provide educational awareness and community outreach
efforts to educate and promote the use of safer alternatives in
cosmetics.
(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a public institution such as a university, a
nonprofit research institution, or a nonprofit grassroots
organization; and
(2) not benefit from a financial relationship with a
chemical or cosmetics manufacturer, supplier, or trade
association.
(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing to focus on--
(1) replacing chemicals in professional cosmetic products
used by nail and hair and beauty salon workers with safer
alternatives; or
(2) replacing chemicals in cosmetic products marketed to
women and girls of color, including any such beauty, personal
hygiene, and intimate care products, with safer alternatives.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2023 through 2027.
SEC. 26. SAFER CHILD CARE CENTERS, SCHOOLS, AND HOMES FOR
DISPROPORTIONATELY IMPACTED COMMUNITIES.
(a) In General.--The Secretary of Health and Human Services (in
this section referred to as the ``Secretary''), acting through the
Commissioner of Food and Drugs, in consultation with the Administrator
of the Environmental Protection Agency, shall award grants to eligible
entities to support research focused on the design of safer
alternatives to chemicals in consumer, cleaning, toy, and baby products
with inherent toxicity or that are associated with chronic adverse
health effects.
(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
(1) be a public institution such as a university or a
nonprofit research institution; and
(2) not benefit from a financial relationship with--
(A) a chemical manufacturer, supplier, or trade
association; or
(B) a cleaning, toy, or baby product manufacturer,
supplier, or trade association.
(c) Priority.--In awarding grants under subsection (a), the
Secretary shall give priority to applicants proposing to focus on
replacing chemicals in cleaning, toy, or baby products used by
childcare providers with safer alternatives.
(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2023 through 2027.
SEC. 27. CERTAIN MENSTRUAL PRODUCTS MISBRANDED IF LABELING DOES NOT
INCLUDE INGREDIENTS.
(a) In General.--Section 502 of the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 352) is amended by adding at the end the
following:
``(gg) If it is a menstrual product, such as a menstrual cup, a
scented, scented deodorized, or unscented menstrual pad or tampon, a
therapeutic vaginal douche apparatus, or an obstetrical and
gynecological device described in section 884.5400, 884.5425, 884.5435,
884.5460, 884.5470, or 884.5900 of title 21, Code of Federal
Regulations (or any successor regulation), unless its label or labeling
lists the name of each ingredient or component of the product in order
of the most predominant ingredient or component to the least
predominant ingredient or component.''.
(b) Effective Date.--The amendment made by subsection (a) applies
with respect to products introduced or delivered for introduction into
interstate commerce on or after the date that is one year after the
date of the enactment of this Act.
SEC. 28. SUPPORT BY NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
FOR RESEARCH ON HEALTH DISPARITIES IMPACTING COMMUNITIES
OF COLOR.
Subpart 12 of part C of title IV of the Public Health Service Act
(42 U.S.C. 285l et seq.) is amended by adding at the end the following
new section:
``SEC. 463C. RESEARCH ON HEALTH DISPARITIES RELATED TO COSMETICS
IMPACTING COMMUNITIES OF COLOR.
``(a) In General.--The Director of the Institute shall award grants
to eligible entities--
``(1) to expand support for basic, epidemiological, and
social scientific investigations into--
``(A) the chemicals linked (or with possible links)
to adverse health effects most commonly found in
cosmetics marketed to women and girls of color,
including beauty, personal hygiene, and intimate care
products;
``(B) the marketing and sale of such cosmetics
containing chemicals linked to adverse health effects
to women and girls of color across their lifespans;
``(C) the use of such cosmetics by women and girls
of color across their lifespans; or
``(D) the chemicals linked to the adverse health
effects most commonly found in products used by nail,
hair, and beauty salon workers;
``(2) to provide educational awareness and community
outreach efforts to educate and promote the use of safer
alternatives in cosmetics; and
``(3) to disseminate the results of any such research
described in subparagraph (A) or (B) of paragraph (1)
(conducted by the grantee pursuant to this section or
otherwise) to help communities identify and address potentially
unsafe chemical exposures in the use of cosmetics.
``(b) Eligible Entities.--To be eligible to receive a grant under
subsection (a), an entity shall--
``(1) be a public institution such as a university, a
nonprofit research institution, or a nonprofit grassroots
organization; and
``(2) not benefit from a financial relationship with a
chemical or cosmetics manufacturer, supplier, or trade
association.
``(c) Report.--Not later than the end 1 year after awarding grants
under this section, and each year thereafter, the Director of the
Institute shall submit to the Committee on Energy and Commerce of the
House of Representatives and the Committee on Health, Education, Labor,
and Pensions of the Senate, and make publicly available, a report on
the results of the investigations funded under subsection (a),
including--
``(1) summary findings on--
``(A) marketing strategies, product categories, and
specific cosmetics containing ingredients linked to
adverse health effects; and
``(B) the demographics of the populations marketed
to and using cosmetics containing such ingredients for
personal and professional use; and
``(2) recommended public health information strategies to
reduce potentially unsafe exposures to cosmetics.
``(d) Authorization of Appropriations.--To carry out this section,
there are authorized to be appropriated such sums as may be necessary
for fiscal years 2023 through 2027.''.
SEC. 29. REVENUES FOR JUST TRANSITION ASSISTANCE.
(a) Definitions.--In this section:
(1) Nonproducing lease.--The term ``nonproducing lease''
means any Federal onshore or offshore oil or natural gas lease
under which oil or natural gas is produced for fewer than 90
days in an applicable calendar year.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Mineral Leasing Revenue.--
(1) Coal leases.--Section 7(a) of the Mineral Leasing Act
(30 U.S.C. 207(a)) is amended, in the fourth sentence, by
striking ``12\1/2\ per centum'' and inserting ``18.75
percent''.
(2) Leases on land known or believed to contain oil or
natural gas.--Section 17 of the Mineral Leasing Act (30 U.S.C.
226) is amended--
(A) in subsection (b)--
(i) in paragraph (1)(A)--
(I) in the fourth sentence, by
striking ``shall be held'' and all that
follows through ``are necessary'' and
inserting ``may be held in each State
not more than once each year''; and
(II) in the fifth sentence, by
striking ``12.5 percent'' and inserting
``18.75 percent''; and
(ii) in paragraph (2)(A)(ii), by striking
``12\1/2\ per centum'' and inserting ``18.75
percent'';
(B) in subsection (c)(1), in the second sentence,
by striking ``12.5 percent'' and inserting ``18.75
percent'';
(C) in subsection (l), by striking ``12\1/2\ per
centum'' each place it appears and inserting ``18.75
percent''; and
(D) in subsection (n)(1)(C), by striking ``12\1/2\
per centum'' and inserting ``18.75 percent''.
(3) Reinstatement of leases.--Section 31(e)(3) of the
Mineral Leasing Act (30 U.S.C. 188(e)(3)) is amended by
striking ``16\2/3\'' each place it appears and inserting
``25''.
(4) Deposits.--Section 35 of the Mineral Leasing Act (30
U.S.C. 191) is amended--
(A) in subsection (a), in the first sentence, by
striking ``All'' and inserting ``Except as provided in
subsection (e), all''; and
(B) by adding at the end the following:
``(e) Distribution of Certain Amounts.--Notwithstanding subsection
(a), the amount of any increase in revenues collected as a result of
the amendments made by subsection (b) of section 29 of the A. Donald
McEachin Environmental Justice For All Act shall be deposited and
distributed in accordance with subsection (d) of that section.''.
(c) Fees for Producing Leases and Nonproducing Leases.--
(1) Conservation of resources fees.--There is established a
fee of $4 per acre per year on producing Federal onshore and
offshore oil and gas leases.
(2) Speculative leasing fees.--There is established a fee
of $6 per acre per year on nonproducing leases.
(d) Deposit.--
(1) In general.--All amounts collected under paragraphs (1)
and (2) of subsection (c) shall be deposited in the Federal
Energy Transition Economic Development Assistance Fund
established by section 30(c).
(2) Mineral leasing revenue.--Notwithstanding any other
provision of law, of the amount of any increase in revenue
collected as a result of the amendments made by subsection
(b)--
(A) 50 percent shall be deposited in the Federal
Energy Transition Economic Development Assistance Fund
established by section 30(c); and
(B) 50 percent shall be distributed to the State in
which the production occurred.
(e) Adjustment for Inflation.--The Secretary shall, by regulation
at least once every 4 years, adjust each fee established by subsection
(c) to reflect any change in the Consumer Price Index (all items,
United States city average) as prepared by the Department of Labor.
SEC. 30. ECONOMIC REVITALIZATION FOR FOSSIL FUEL-DEPENDENT COMMUNITIES.
(a) Purpose.--The purpose of this section is to promote economic
revitalization, diversification, and development in communities--
(1) that depend on fossil fuel mining, extraction, or
refining for a significant amount of economic opportunities; or
(2) in which a significant proportion of the population is
employed at electric generating stations that use fossil fuels
as the predominant fuel supply.
(b) Definitions.--In this section:
(1) Advisory committee.--The term ``Advisory Committee''
means the Just Transition Advisory Committee established by
subsection (g)(1).
(2) Displaced worker.--The term ``displaced worker'' means
an individual who, due to efforts to reduce net emissions from
public land or as a result 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 natural 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 economically
by a recent reduction in fossil fuel mining,
extraction, or production-related activity, as
demonstrated by employment data, per capita income, or
other indicators of economic distress;
(B) that has historically relied on fossil fuel
mining, extraction, or production-related activity for
a substantial portion of its economy; or
(C) in which the economic contribution of fossil
fuel mining, extraction, or production-related activity
has significantly declined.
(6) Fund.--The term ``Fund'' means the Federal Energy
Transition Economic Development Assistance Fund established by
subsection (c).
(7) Public land.--
(A) In general.--The term ``public land'' means any
land and interest in land owned by the United States
within the several States and administered by the
Secretary or the Secretary of Agriculture (acting
through the Chief of the Forest Service) without regard
to how the United States acquired ownership.
(B) Inclusion.--The term ``public land'' includes
land located on the outer Continental Shelf.
(C) Exclusion.--The term ``public land'' does not
include land held in trust for an Indian Tribe or
member of an Indian Tribe.
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(c) Establishment of Federal Energy Transition Economic Development
Assistance Fund.--There is established in the Treasury of the United
States a fund, to be known as the ``Federal Energy Transition Economic
Development Assistance Fund'', which shall consist of amounts deposited
in the Fund under section 29(d).
(d) Distribution of Funds.--Of the amounts deposited in the Fund--
(1) 35 percent shall be distributed by the Secretary to
States in which extraction of fossil fuels occurs on public
land, based on a formula reflecting existing production and
extraction in the State;
(2) 35 percent shall be distributed by the Secretary to
States based on a formula reflecting the quantity of fossil
fuels historically produced and extracted in the State on
public land before the date of enactment of this Act; and
(3) 30 percent shall be allocated to a competitive grant
program under subsection (f).
(e) Use of Funds.--
(1) In general.--Funds distributed by the Secretary to
States under paragraphs (1) and (2) of subsection (d) may be
used for--
(A) environmental remediation of land and waters
impacted by the full lifecycle of fossil fuel
extraction and mining;
(B) building partnerships to attract and invest in
the economic future of historically fossil fuel-
dependent communities;
(C) increasing capacity and other technical
assistance fostering long-term economic growth and
opportunity in historically fossil fuel-dependent
communities;
(D) guaranteeing pensions, healthcare, and
retirement security and providing a bridge of wage
support until a displaced worker either finds new
employment or reaches retirement;
(E) severance payments for displaced workers;
(F) carbon sequestration projects in natural
systems on public land; or
(G) expanding broadband access and broadband
infrastructure.
(2) Priority to fossil fuel workers.--In distributing funds
under paragraph (1), the Secretary shall give priority to
assisting displaced workers dislocated from fossil fuel mining
and extraction industries.
(f) Competitive Grant Program.--
(1) In general.--The Secretary shall establish a
competitive grant program to provide funds to eligible entities
for the purposes described in paragraph (3).
(2) Definition of eligible entity.--In this subsection, the
term ``eligible entity'' means a local government, State
government, or Indian Tribe, local development district (as
defined in section 382E(a) of the Consolidated Farm and Rural
Development Act (7 U.S.C. 2009aa-4(a))), a nonprofit
organization, labor union, economic development agency, or
institution of higher education (including a community
college).
(3) Eligible use of funds.--The Secretary may award grants
from amounts in the Fund made available under subsection (d)(3)
for--
(A) the purposes described in subsection (e)(1);
(B)(i) existing job retraining and apprenticeship
programs for displaced workers; or
(ii) programs designed to promote economic
development in communities affected by a downturn in
fossil fuel extraction and mining;
(C) developing projects that--
(i) diversify local and regional economies;
(ii) create jobs in new or existing non-
fossil fuel industries;
(iii) attract new sources of job-creating
investment; or
(iv) provide a range of workforce services
and skills training;
(D) internship programs in a field related to clean
energy; and
(E) the development and support of--
(i) a clean energy certificate program at a
labor organization; or
(ii) a clean energy major or minor program
at an institution of higher education (as
defined in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001)).
(g) Just Transition Advisory Committee.--
(1) Establishment.--Not later than 180 days after the date
of enactment of this Act, the Secretary shall establish an
advisory committee, to be known as the ``Just Transition
Advisory Committee''.
(2) Chair.--The President shall appoint a Chair of the
Advisory Committee.
(3) Duties.--The Advisory Committee shall--
(A) advise, assist, and support the Secretary in--
(i) the management and allocation of funds
available under subsection (d); and
(ii) the establishment and administration
of the competitive grant program under
subsection (f); and
(B) develop procedures to ensure that States and
applicants eligible to participate in the competitive
grant program established under subsection (f) are
notified of the availability of Federal funds pursuant
to this section.
(4) Membership.--
(A) In general.--The total number of members of the
Advisory Committee shall not exceed 20 members.
(B) Composition.--The Advisory Committee shall be
composed of the following members appointed by the
Chair:
(i) A representative of the Assistant
Secretary of Commerce for Economic Development.
(ii) A representative of the Secretary of
Labor.
(iii) A representative of the Under
Secretary for Rural Development.
(iv) 2 individuals with professional
economic development or workforce retraining
experience.
(v) An equal number of representatives from
each of the following:
(I) Labor unions.
(II) Nonprofit environmental
organizations.
(III) Environmental justice
organizations.
(IV) Fossil fuel transition
communities.
(V) Public interest groups.
(VI) Tribal and Indigenous
communities.
(5) Termination.--The Advisory Committee shall not
terminate except by an Act of Congress.
(h) Limit on Use of Funds.--
(1) Administrative costs.--Not more than 7 percent of the
amounts in the Fund may be used for administrative costs
incurred in implementing this section.
(2) Limitation on funds to a single entity.--Not more than
5 percent of the amounts in the Fund may be awarded to a single
eligible entity.
(3) Calendar year limitation.--Not less than 15 percent of
the amounts in the Fund shall be spent in each calendar year.
(i) Use of American Iron, Steel, and Manufactured Goods.--None of
the funds appropriated or otherwise made available by this section may
be used for a project for the construction, alteration, maintenance, or
repair of a public building or public work unless all of the iron,
steel, and manufactured goods used in the project are produced in the
United States, unless the manufactured good is not produced in the
United States.
(j) Submission to Congress.--The Secretary shall submit to the
Committees on Appropriations and Energy and Natural Resources of the
Senate and the Committees on Appropriations and Natural Resources of
the House of Representatives, with the annual budget submission of the
President, a list of projects, including a description of each project,
that received funding under this section in the previous calendar year.
SEC. 31. EVALUATION BY COMPTROLLER GENERAL OF THE UNITED STATES.
Not later than 2 years after the date of enactment of this Act, and
biennially thereafter, the Comptroller General of the United States
shall submit to the Committees on Energy and Commerce and Natural
Resources of the House of Representatives, and the Committees on
Environment and Public Works and Energy and Natural Resources of the
Senate, a report that contains an evaluation of the effectiveness of
each activity carried out under this Act and the amendments made by
this Act.
<all>
Introduced in House
Introduced in House
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.
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.
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.
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.
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.
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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.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Water Resources and Environment.
Referred to the Subcommittee on Environment, Manufacturing, and Critical Materials.
Referred to the Subcommittee on Forestry.