[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5132 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5132

To require the Administrator of the Environmental Protection Agency to 
  establish an Interagency Working Group on Environmental Justice to 
provide guidance to Federal agencies on the development of criteria for 
    identifying disproportionately high and adverse human health or 
     environmental effects on minority populations and low-income 
                  populations, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 23, 2008

  Ms. Solis introduced the following bill; which was referred to the 
 Committee on Energy and Commerce, and in addition to the Committee on 
 Natural Resources, 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 require the Administrator of the Environmental Protection Agency to 
  establish an Interagency Working Group on Environmental Justice to 
provide guidance to Federal agencies on the development of criteria for 
    identifying disproportionately high and adverse human health or 
     environmental effects on minority populations and low-income 
                  populations, 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.

    This Act may be cited as the ``Environmental Justice Renewal Act''.

SEC. 2. 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 Administrator under section 9(a).
            (3) Clearinghouse.--The term ``clearinghouse'' means the 
        Environmental Justice Clearinghouse developed by the 
        Administrator under section 10(a).
            (4) Director.--The term ``Director'' means the Director of 
        the National Institute of Environmental Health Sciences.
            (5) Environmental justice.--The term ``environmental 
        justice'' means the fair treatment and meaningful involvement 
        of all individuals regardless of race, color, national origin, 
        educational level, or income with respect to the development, 
        implementation, and enforcement of environmental laws 
        (including regulations) to ensure that--
                    (A) minority and low-income populations have access 
                to public information relating to human health and 
                environmental planning, regulations, and enforcement; 
                and
                    (B) no minority or low-income population shall be 
                exposed to a disproportionate burden of the negative 
                human health and environmental impacts of pollution or 
                other environmental hazards.
            (6) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of racial or ethnic minorities or 
        low-income populations that experiences, or is at risk of 
        experiencing, a significant or disproportionate burden of 
        environmental stressors, risks, adverse human health effects, 
        or environmental effects.
            (7) Fair treatment.--The term ``fair treatment'' means the 
        conduct of policies and practices to ensure that no group of 
        individuals (including racial, ethnic, or socioeconomic groups) 
        experiences a disproportionate burden of high and adverse human 
        health or environmental effects resulting from any program, 
        activity, or policy of a Federal agency.
            (8) 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. 450b).
            (9) State.--The term ``State'' means--
                    (A) a State;
                    (B) a territory or possession of the United States; 
                and
                    (C) a tribal government.
            (10) Tribal government.--The term ``tribal government'' 
        means the governing body of an Indian tribe.
            (11) Working group.--The term ``Working Group'' means the 
        Interagency Working Group on Environmental Justice established 
        by the Administrator under section 3(a).

SEC. 3. INTERAGENCY WORKING GROUP ON ENVIRONMENTAL JUSTICE.

    (a) Establishment.--Not later than 30 days after the date of 
enactment of this Act, the Administrator shall establish a working 
group to be known as the ``Interagency Working Group on Environmental 
Justice''.
    (b) Purposes.--The purposes of the Working Group are--
            (1) to provide guidance to Federal agencies on the 
        development of the guidance document under subsection (f)(1) 
        for identifying disproportionately high and adverse human 
        health or environmental effects on--
                    (A) minority populations; and
                    (B) low-income populations;
            (2) to coordinate with, provide guidance to, and serve as a 
        clearinghouse for, each Federal agency during the development 
        by each Federal agency of an environmental justice strategy;
            (3) to ensure that the administration, interpretation, and 
        enforcement of each applicable program, activity, and policy of 
        each Federal agency is undertaken in a manner that minimizes or 
        eliminates disproportionately high and adverse human health or 
        environmental effects on racial minority, ethnic minority, or 
        low-income populations;
            (4) to assist in the coordination of research conducted by, 
        and stimulate cooperation among--
                    (A) the Agency;
                    (B) the Department of Health and Human Services;
                    (C) the Department of Housing and Urban 
                Development;
                    (D) the Department of Transportation; and
                    (E) any other Federal agency that conducts research 
                or any other activity relating to the study of human 
                health and environmental research and analysis;
            (5) to assist in the coordination of data collection 
        activities conducted by each Federal agency described in 
        paragraph (4);
            (6) to examine each study and available data with respect 
        to issues relating to environmental justice in existence as of 
        the date of enactment of this Act;
            (7) to hold public meetings to conduct fact-finding, 
        receive public comments, and conduct inquiries concerning 
        issues relating to environmental justice, the summaries of the 
        comments and recommendations from which shall be made available 
        to the public;
            (8) to develop interagency model projects on issues 
        relating to environmental justice that evidence cooperation 
        among Federal agencies;
            (9) to engage in regular consultation with the Advisory 
        Council, but not less than once per year;
            (10) to assess and review the activities of the Federal 
        Government (including any policy or program of the Federal 
        Government in existence as of the date of enactment of this 
        Act) to minimize and eliminate disproportionately high and 
        adverse human health or environmental effects on racial 
        minority, ethnic minority, or low-income populations; and
            (11) to seek advice from community-based organizations and 
        academic experts who are engaged in environmental justice 
        research and other activities.
    (c) Composition.--The Working Group shall be composed of--
            (1) the Administrator (or a designee);
            (2) the Secretary of Defense (or a designee);
            (3) the Secretary of Health and Human Services (or a 
        designee);
            (4) the Secretary of Housing and Urban Development (or a 
        designee);
            (5) the Secretary of Labor (or a designee);
            (6) the Secretary of Agriculture (or a designee);
            (7) the Secretary of Transportation (or a designee);
            (8) the Attorney General (or a designee);
            (9) the Secretary of the Interior (or a designee);
            (10) the Secretary of Commerce (or a designee);
            (11) the Secretary of Energy (or a designee);
            (12) the Secretary of Homeland Security (or a designee);
            (13) the Director of the Office of Management and Budget 
        (or a designee);
            (14) the Director of the Office of Science and Technology 
        Policy (or a designee);
            (15) the Deputy Assistant to the President for 
        Environmental Policy (or a designee);
            (16) the Assistant to the President for Domestic Policy (or 
        a designee);
            (17) the Director of the National Economic Council (or a 
        designee);
            (18) the Chairman of the Council of Economic Advisers (or a 
        designee); and
            (19) any other official of the Federal Government that the 
        President may designate.
    (d) Chairperson.--The President (or a designee) shall serve as the 
Chairperson of the Working Group.
    (e) Report to President.--The Working Group shall report to the 
President through--
            (1) the Deputy Assistant to the President for Environmental 
        Policy; or
            (2) the Assistant to the President for Domestic Policy.
    (f) Uniform Consideration Guidance Document.--
            (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, the Working Group shall develop and 
        publish in the Federal Register a guidance document that 
        outlines the ways in which the following considerations will be 
        taken into account in defining communities as environmental 
        justice communities:
                    (A) A disproportionate burden of adverse human 
                health or environmental impacts, or the potential for 
                those impacts.
                    (B) Aggregation of risk.
                    (C) Cumulative sources of risk.
                    (D) Additional elements in the community that 
                indicate vulnerability, such as a high incidence of 
                disease and lower income levels.
                    (E) The capacity of communities to address 
                environmental concerns.
            (2) Public comment.--For a period of not less than 30 days, 
        the Working Group 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 Working 
        Group shall document the ways in which the Federal agency will 
        incorporate guidance from the document into the environmental 
        justice strategy of the Federal agency.
    (g) Development of Interagency Federal Environmental Justice 
Strategy.--
            (1) In general.--Not later than 1 year after the date on 
        which the environmental justice strategies of the Federal 
        agencies are finalized under section 4(b)(3)(A)(i), after 
        notice and opportunity for public comment, the Working Group 
        shall develop and promulgate a coordinated interagency Federal 
        environmental justice strategy.
            (2) Consideration.--In carrying out paragraph (1), the 
        Working Group shall consider each environmental justice 
        strategy developed by each Federal agency under section 
        4(b)(3)(A)(i).
    (h) Report to President.--
            (1) In general.--Not later than 180 days after the date 
        described in subsection (g)(1), the Working Group shall, 
        through the Chairman of the Council on Environmental Quality 
        and the Assistant to the President for Domestic Policy, 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.
            (2) Public availability.--The head of each Federal agency 
        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).

SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.

    (a) Conduct of Programs.--Each Federal agency shall conduct each 
program, policy and activity of the Federal agency that adversely 
affects or has the potential to affect human health or the environment 
in a manner that ensures that each program, policy, and activity does 
not have an effect of excluding any individual from participating in, 
denying any individual the benefits of, or subjecting any individuals 
to discrimination or disparate impact under any program, policy, or 
activity of the Federal agency because of the race, color, national 
origin, or income level of the individual.
    (b) Federal Agency Environmental Justice Strategies.--
            (1) Development.--Each Federal agency that participates in 
        the Working Group shall develop an agency-wide environmental 
        justice strategy that--
                    (A) identifies and addresses any disproportionately 
                high or adverse human health or environmental effects 
                of each program, policy, and activity of the Federal 
                agency on--
                            (i) minority populations; and
                            (ii) low-income populations; and
                    (B) 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, planning and public participation process, 
                enforcement activity, and rulemaking procedure relating 
                to human health or the environment that the Federal 
                agency determines should be revised--
                            (i) to ensure the enforcement by the 
                        Federal agency of each health or environmental 
                        statute relating to--
                                    (I) minority populations; and
                                    (II) low-income populations;
                            (ii) to ensure greater and more meaningful 
                        public participation;
                            (iii) to improve the conduct by the Federal 
                        agency of research and data collection 
                        activities relating to the health and 
                        environment of--
                                    (I) minority populations; and
                                    (II) low-income populations;
                            (iv) to facilitate the identification of 
                        differential development patterns and access to 
                        natural resources among--
                                    (I) minority populations; and
                                    (II) low-income populations;
                            (v) to integrate environmental justice into 
                        the activities of the Federal agency; and
                            (vi) to ensure that the Federal agency 
                        undertakes activities to reduce or eliminate 
                        disproportionately high and adverse human 
                        health or environmental effects on racial 
                        minority, ethnic minority, and low-income 
                        populations; 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) Finalization; implementation.--
                    (A) Finalization of agency-wide environmental 
                justice strategy.--
                            (i) In general.--Not later than 1 year 
                        after the date of enactment of this Act, after 
                        notice and opportunity for public comment, each 
                        Federal agency shall finalize the environmental 
                        justice strategy of the Federal agency.
                            (ii) Identification of projects.--During 
                        the period described in clause (i), as part of 
                        the environmental justice strategy finalized 
                        under that clause, each Federal agency shall--
                                    (I) identify each project that 
                                could be promptly carried out by the 
                                Federal agency to address any revision 
                                identified under paragraph (2); and
                                    (II) develop a schedule for 
                                carrying out each project identified by 
                                the Federal agency under subclause (I).
                            (iii) Coordination of activities.--In 
                        carrying out clause (ii), each Federal agency 
                        shall coordinate the activities of the Federal 
                        agency with the Working Group to minimize the 
                        duplication of, and maximize the effectiveness 
                        of, the activities of each Federal agency.
                            (iv) Reports.--
                                    (I) Annual reports.--Not later than 
                                2 years after the date of enactment of 
                                this Act, and annually thereafter, each 
                                Federal agency shall submit to the 
                                Working Group a report describing the 
                                progress of the Federal agency in 
                                implementing the environmental justice 
                                strategy of the Federal agency.
                                    (II) Periodic reports.--In addition 
                                to the annual reports described in 
                                subclause (I), upon the receipt of a 
                                request from the Working Group, a 
                                Federal agency shall submit to the 
                                Working Group a report that contains 
                                such information as the Working Group 
                                may require.
                    (B) Revision of agency-wide environmental justice 
                strategy.--Not later than 5 years after the date of 
                enactment of this Act, each Federal agency shall--
                            (i) evaluate the environmental justice 
                        strategy of the Federal agency; and
                            (ii) submit to the Working Group a copy of 
                        the revised version of the environmental 
                        justice strategy of the Federal agency.
            (4) 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.
                    (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 consider whether the granting of the 
                petition would likely--
                            (i) result in disproportionately high and 
                        adverse human health or environmental effects 
                        on racial minority, ethnic minority, or low-
                        income populations; or
                            (ii) exacerbate any disproportionately high 
                        and adverse human health or environmental 
                        effect on any racial minority, ethnic minority, 
                        or low-income population.
                    (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 Deputy Assistant 
                                        to the President for 
                                        Environmental Policy; or
                                            (bb) 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 
                        official 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.

SEC. 5. OMBUDSMEN.

    (a) Establishment.--The Administrator shall establish within the 
Environmental Protection Agency a position of Environmental Justice 
Ombudsman to receive, review, and process complaints and allegations 
with respect to environmental justice programs and activities of the 
Environmental Protection Agency.
    (b) Reporting.--The Environmental Justice Ombudsman shall--
            (1) report directly to the Administrator; and
            (2) not be required to report to the Office of 
        Environmental Justice.
    (c) Regional Staff.--
            (1) Authority of environmental justice ombudsman.--The 
        Administrator shall allow the Environmental Justice Ombudsman 
        to hire such staff as the Environmental Justice Ombudsman 
        determines to be necessary to carry out at each regional office 
        of the Environmental Protection Agency the responsibilities of 
        the Environmental Justice Ombudsman described in subsection 
        (a).
            (2) Full-time position.--Each individual hired by the 
        Environmental Justice Ombudsman under paragraph (1) shall be 
        hired as a full-time employee of the Environmental Protection 
        Agency.

SEC. 6. TRAINING OF EMPLOYEES OF FEDERAL AGENCIES.

    (a) Initial Period of Training.--Not later than 1 year after the 
date of enactment of this Act, the Administrator shall offer to each 
employee of the Environmental Protection Agency an opportunity to 
participate in an environmental justice training program to ensure that 
each employee of the Environmental Protection Agency--
            (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;
                    (B) addressing the needs of environmental justice 
                communities; and
                    (C) increasing the meaningful participation of 
                individuals from environmental justice communities in 
                the activities of the Environmental Protection 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 
Environmental Protection Agency 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, not 
        later than 30 days after the date on which an individual is 
        appointed to the position of environmental justice coordinator, 
        environmental justice ombudsman, 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 the 
        Environmental Protection Agency shall evaluate each training 
        program of the Environmental Protection Agency to determine if 
        the Environmental Protection Agency has improved the rate of 
        training of the employees of the Environmental Protection 
        Agency to ensure that each employee has received environmental 
        justice training.

SEC. 7. GRANT PROGRAMS.

    (a) Small 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 small grant 
        under paragraph (1), an eligible entity shall be a nonprofit, 
        community-based organization that conducts activities to reduce 
        the disproportionate health impacts of environmental pollution 
        in the environmental justice community at which the eligible 
        organization proposes to conduct an activity that is the 
        subject of the application described in paragraph (3).
            (3) Application.--To be eligible to receive a small 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 community at 
                        which the eligible entity will conduct the 
                        project;
                            (ii) improve the ability of the community 
                        to address each issue described in clause (i); 
                        and
                            (iii) facilitate collaboration and 
                        cooperation among various stakeholders 
                        (including members of the community);
                    (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 small grant under 
                this subsection, to develop a project that is capable 
                of being sustained beyond the period of the small 
                grant; and
                    (E) a description of the ways by which the eligible 
                entity is linked to, and representative of, the 
                community at which the eligible entity will conduct the 
                project.
            (4) Use of funds.--An eligible entity that receives funds 
        through a small grant under paragraph (1) shall use the funds 
        to carry out culturally and linguistically appropriate 
        activities that are tailored to the needs of the community to 
        address environmental justice concerns and improve the health 
        or environment of the community, including activities--
                    (A) to create or develop collaborative 
                partnerships;
                    (B) to educate and provide outreach services to the 
                community at which the eligible entity proposes to 
                conduct the project;
                    (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 appropriate 
                committees of Congress a report describing the ways by 
                which the grant program has helped community-based 
                nonprofit organizations address issues relating to 
                environmental justice.
                    (B) Public availability.--The Administrator shall 
                make the 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 $5,000,000 for 
        each of fiscal years 2009 through 2013.
    (b) Collaborative Grant Program.--
            (1) Establishment.--The Administrator shall establish a 
        program under which the Administrator shall provide not more 
        than 20 collaborative grants to eligible entities that propose, 
        through an application submitted by each eligible entity, to 
        address local environmental or public health issues through the 
        use of the environmental justice collaborative problem-solving 
        model established by the Environmental Protection Agency.
            (2) Eligibility.--
                    (A) In general.--Subject to subparagraph (B), to be 
                eligible to receive a collaborative grant under 
                paragraph (1), an eligible entity shall be a nonprofit, 
                community-based organization that conducts activities 
                to reduce the disproportionate health impacts of 
                environmental pollution in the community in which the 
                eligible organization is located.
                    (B) Limitation.--The Administrator shall select not 
                more than 2 grantees from each region of the United 
                States, as determined by the Administrator.
            (3) Application.--To be eligible to receive a collaborative 
        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 description of--
                    (A) the means by which--
                            (i) the eligible entity will use the 
                        environmental justice collaborative problem-
                        solving model; and
                            (ii) the activities of the eligible entity 
                        will incorporate relevant statutes;
                    (B) the ways by which the eligible entity is linked 
                to, and representative of, the community at which the 
                eligible entity will conduct the activities proposed by 
                the eligible entity; and
                    (C) the activities that the eligible entity shall 
                undertake to reduce or eliminate disproportionately 
                high and adverse human health or environmental effects 
                on the community in which the eligible entity is based.
            (4) Use of funds.--
                    (A) Collaborative problem-solving activities.--An 
                eligible entity that receives funds through a 
                collaborative grant under paragraph (1) shall use the 
                funds to carry out collaborative problem-solving 
                activities--
                            (i) to address environmental justice 
                        concerns and improve the health or environment 
                        of the community; and
                            (ii) through the use of not less than 2 
                        statutes described in subparagraph (B).
                    (B) Authorized statutes.--In carrying out an 
                activity described in subparagraph (A), an eligible 
                entity may use any appropriate statute, including--
                            (i) the Federal Water Pollution Control Act 
                        (33 U.S.C. 1251 et seq.);
                            (ii) the Safe Drinking Water Act (42 U.S.C. 
                        300f et seq.);
                            (iii) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.);
                            (iv) the Clean Air Act (42 U.S.C. 7401 et 
                        seq.);
                            (v) the Toxic Substances Control Act (15 
                        U.S.C. 2601 et seq.);
                            (vi) the Federal Insecticide, Fungicide, 
                        and Rodenticide Act (7 U.S.C. 136 et seq.);
                            (vii) the Marine Protection, Research, and 
                        Sanctuaries Act of 1972 (33 U.S.C. 1401 et 
                        seq.);
                            (viii) the Comprehensive Environmental 
                        Response, Compensation, and Liability Act of 
                        1980 (42 U.S.C. 9601 et seq.);
                            (ix) the Solid Waste Disposal Act (42 
                        U.S.C. 6901 et seq.);
                            (x) the Emergency Planning and Community 
                        Right-To-Know Act of 1986 (42 U.S.C. 11001 et 
                        seq.);
                            (xi) Federal pollution prevention statutes;
                            (xii) the National Environmental Policy Act 
                        of 1969 (42 U.S.C. 4321 et seq.); and
                            (xiii) any other statute relating to--
                                    (I) the use of tribal land, 
                                territories, or artifacts; or
                                    (II) environmental justice 
                                (including the Civil Rights Act of 1964 
                                (42 U.S.C. 2000a et seq.)).
            (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 appropriate 
                committees of Congress a report describing--
                            (i) the implementation of the collaborative 
                        grant program established under paragraph (1); 
                        and
                            (ii) the impact of the collaborative grant 
                        program in addressing environmental justice 
                        concerns in communities.
                    (B) Public availability.--The Administrator shall 
                make the 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 $5,000,000 for 
        each of fiscal years 2009 through 2013.
    (c) Interagency Cooperative Agreement Program.--
            (1) Establishment.--The Administrator, in cooperation with 
        appropriate Federal agencies, shall establish a program under 
        which the Administrator shall enter into not more than 20 
        cooperative agreements with eligible entities to carry out 
        interagency activities that address issues relating to 
        environmental justice in communities.
            (2) Eligible entities.--
                    (A) Partnership requirement.--To be eligible to 
                enter into a cooperative agreement with the 
                Administrator under paragraph (1), an eligible entity 
                shall be a partnership comprised of 2 or more entities 
                described in subparagraph (B).
                    (B) Eligible partners.--A partnership described in 
                subparagraph (A) may be comprised of 1 or more--
                            (i) Federal agencies;
                            (ii) State or local governmental agencies;
                            (iii) community-based organizations that 
                        conduct activities relating to environmental 
                        justice issues;
                            (iv) representatives of accredited 
                        institutions of higher education;
                            (v) local businesses and representatives of 
                        the private sector; and
                            (vi) appropriate entities, as determined by 
                        the Administrator.
            (3) Use of funds.--An eligible entity that receives funds 
        through a cooperative agreement under paragraph (1) shall use 
        the funds to carry out any activity that the Administrator 
        determines would advance the objectives of the environmental 
        justice strategy developed by the Working Group under section 
        3(g)(1).
            (4) Report.--
                    (A) 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 
                appropriate committees of Congress a report 
                describing--
                            (i) the implementation of the cooperative 
                        agreement program established under paragraph 
                        (1); and
                            (ii) the impact of the cooperative 
                        agreement program on addressing issues relating 
                        to environmental justice in communities.
                    (B) Public availability.--The Administrator shall 
                make the 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).
            (5) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $5,000,000 for 
        each of fiscal years 2009 through 2013.
    (d) 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 high and adverse human health or 
                environmental effects on environmental justice 
                communities in the State.
            (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 the date of 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 appropriate 
                committees of Congress 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 
                        high and adverse human health or environmental 
                        effects on environmental justice communities in 
                        the State.
                    (B) Public availability.--The Administrator shall 
                make the 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 $2,500,000 for 
        each of fiscal years 2009 through 2013.
    (e) 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 of 
                environmental justice communities; and
                    (C) to improve the health outcomes of residents of 
                environmental justice communities.
            (2) Eligibility.--To be eligible to receive a multiyear 
        grant under paragraph (1), an eligible entity shall be a 
        partnership comprised 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 of 
                                environmental justice communities; and
                                    (III) assist in the improvement of 
                                the environment of residents of 
                                environmental justice communities.
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $5,000,000 for 
        each of fiscal years 2009 through 2013.

SEC. 8. ENVIRONMENTAL JUSTICE BASIC TRAINING PROGRAM.

    (a) Establishment.--The Administrator shall establish a basic 
training program to increase the capacity of residents of environmental 
justice communities to identify and address disproportionately high and 
adverse human health or environmental effects by providing culturally 
and linguistically appropriate--
            (1) training 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; and
                    (D) basic biological, chemical, and physical 
                methods to reduce the quantity and toxicity of 
                hazardous substances; 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 training program, 
        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 
                environmental waste;
                    (D) any owner or operator of a facility at which 
                hazardous substances are located; or
                    (E) any State or local government.
    (c) Plan.--
            (1) In general.--Not later than 270 days 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 described in 
        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 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 appropriate committees of 
        Congress a report describing--
                    (A) the implementation of the training program 
                established under subsection (a); and
                    (B) the impact of the 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 $3,000,000 for each of fiscal 
years 2009 through 2013.

SEC. 9. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.

    (a) Establishment.--The Administrator shall establish an advisory 
council to be known as the ``National Environmental Justice Advisory 
Council''.
    (b) Membership.--The Advisory Council shall be comprised of 26 
members who have knowledge of, or experience relating to, the effect of 
environmental conditions on racial minority, ethnic minority, or low-
income communities, including--
            (1) representatives of--
                    (A) community-based organizations that carry out 
                initiatives relating to environmental justice;
                    (B) State and local governments;
                    (C) Indian tribes and other indigenous groups;
                    (D) nongovernmental and environmental 
                organizations; and
                    (E) private sector organizations (including 
                representatives of industries and businesses); and
            (2) experts in the fields of--
                    (A) socioeconomic analysis;
                    (B) health and environmental effects;
                    (C) exposure evaluation;
                    (D) environmental and civil rights law; and
                    (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 each 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 Administrator 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 the manner by which the Environmental 
        Protection Agency and other entities participate, cooperate, 
        and communicate within the Environmental Protection Agency and 
        between other 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 and low-income 
        citizens of the United States; 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 by the Administrator of 
                grant programs relating to environmental justice 
                assistance; and
                    (E) the awareness of, and educational, 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 are 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, 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. 10. ENVIRONMENTAL JUSTICE CLEARINGHOUSE.

    (a) Establishment.--Not later than 1 year after the date of 
enactment of this Act, the Administrator shall establish an internet-
based clearinghouse to be known as the ``Environmental Justice 
Clearinghouse''.
    (b) Contents.--The clearinghouse shall be comprised of culturally 
and linguistically appropriate materials, 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 webpages 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 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 
        Secretary.
    (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. 11. 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 at each regional office 
of the Environmental Protection Agency to gather public input with 
respect to the planning of future environmental justice activities of 
the Environmental Protection Agency.
    (b) 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. 12. SUPPLEMENTAL ENVIRONMENTAL PROJECTS FOR ENVIRONMENTAL JUSTICE 
              COMMUNITIES.

    The Administrator shall ensure that all supplemental 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 from the affected 
        environmental justice community; and
            (2) result in a quantifiable improvement to the health or 
        well-being of individuals in the affected environmental justice 
        community.

SEC. 13. 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 relevant committees of Congress a report that 
contains an evaluation of the effectiveness of each activity carried 
out in accordance with this Act, including, for the period covered by 
the report, an evaluation of--
            (1) the ways by which the Working Group has developed and 
        implemented environmental justice strategies;
            (2) the effectiveness of each grant program carried out 
        under this Act; and
            (3) the effectiveness of the Environmental Protection 
        Agency in carrying out the meeting and reporting requirements 
        under this Act.
                                 <all>