[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2549 Reported in Senate (RS)]
Calendar No. 1076
110th CONGRESS
2d Session
S. 2549
[Report No. 110-498]
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 SENATE OF THE UNITED STATES
January 23, 2008
Mr. Reid (for Mrs. Clinton (for herself, Mr. Cardin, Mrs. Boxer, Mr.
Lautenberg, and Mr. Schumer)) introduced the following bill; which was
read twice and referred to the Committee on Environment and Public
Works
September 24 (legislative day, September 17), 2008
Reported by Mrs. Boxer, without amendment
_______________________________________________________________________
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.
Calendar No. 1076
110th CONGRESS
2d Session
S. 2549
[Report No. 110-498]
_______________________________________________________________________
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.
_______________________________________________________________________
September 24 (legislative day, September 17), 2008
Reported without amendment