[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3590 Introduced in House (IH)]

<DOC>






115th CONGRESS
  1st Session
                                H. R. 3590

  To restore, reaffirm, and reconcile environmental justice and civil 
rights, provide for the establishment of the Interagency Working Group 
  on Environmental Justice Compliance and Enforcement, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2017

 Mr. Grijalva introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
 the Judiciary, and 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 restore, reaffirm, and reconcile environmental justice and civil 
rights, provide for the establishment of the Interagency Working Group 
  on Environmental Justice Compliance and Enforcement, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Environmental 
Justice and Civil Rights Restoration and Enforcement Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Statement of policy.
Sec. 3. Definitions.
Sec. 4. Prohibited discrimination.
Sec. 5. Right of action.
Sec. 6. Rights of recovery.
Sec. 7. Interagency Working Group on Environmental Justice Compliance 
                            and Enforcement.
Sec. 8. Responsibilities of Federal agencies.
Sec. 9. Ombudsmen.
Sec. 10. Training of employees of Federal agencies.
Sec. 11. Grant programs.
Sec. 12. Environmental justice basic training program.
Sec. 13. National Environmental Justice Advisory Council.
Sec. 14. Environmental Justice Clearinghouse.
Sec. 15. Public meetings.
Sec. 16. Supplemental environmental projects for environmental justice 
                            communities.
Sec. 17. Evaluation by Comptroller General of the United States.

SEC. 2. STATEMENT OF POLICY.

    It is the policy of Congress that each Federal agency should--
            (1) seek to achieve environmental justice as part of its 
        mission by identifying and addressing, as appropriate, 
        disproportionately high and adverse human health or 
        environmental effects of its programs, policies, practices, and 
        activities on communities of color, low-income communities, 
        rural communities, and Tribal and indigenous communities in 
        each State of the United States;
            (2) promote meaningful involvement and due process in the 
        development, implementation, and enforcement of environmental 
        laws;
            (3) provide direct guidance and technical assistance to 
        environmental justice communities focused on increasing 
        community understanding of the science, regulations, and policy 
        related to Federal agency action on environmental justice 
        issues; and
            (4) cooperate with State governments, Tribal Governments, 
        and local governments to address pollution and public health 
        burdens in environmental justice communities, and build 
        healthy, sustainable, and resilient communities.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) Advisory council.--The term ``Advisory Council'' means 
        the National Environmental Justice Advisory Council established 
        by the President under section 13.
            (3) Aggrieved person.--The term ``aggrieved person'' means 
        a person aggrieved by discrimination on the basis of race, 
        color, or national origin.
            (4) Clearinghouse.--The term ``Clearinghouse'' means the 
        Environmental Justice Clearinghouse established by the 
        Administrator under section 14.
            (5) Community of color.--The term ``community of color'' 
        means a population of individuals who are members of one or 
        more of the following population groups:
                    (A) American Indian or Alaskan Native.
                    (B) Asian or Pacific Islander.
                    (C) Black, not of Hispanic origin.
                    (D) Hispanic.
            (6) Covered agency.--The term ``covered agency'' means an 
        agency described in section 7(c).
            (7) Demonstrates.--The term ``demonstrates'' means meets 
        the burdens of going forward with the evidence and of 
        persuasion.
            (8) Director.--The term ``Director'' means the Director of 
        the National Institute of Environmental Health Sciences.
            (9) Disparate impact.--The term ``disparate impact'' means 
        an action or practice that, though appearing neutral, actually 
        has the effect of subjecting persons to discrimination because 
        of their race, color, or national origin.
            (10) Disproportionate burden of high and adverse human 
        health or environmental effects.--The term ``disproportionate 
        burden of high and adverse human health or environmental 
        effects'' means situations where there exists significantly 
        higher and more adverse human health or environmental effects 
        on communities of color, low-income communities, rural 
        communities, and Tribal and indigenous communities.
            (11) Environmental justice.--The term ``environmental 
        justice'' means the fair treatment and meaningful involvement 
        of all people regardless of race, color, culture, national 
        origin, or income, with respect to the development, 
        implementation, and enforcement of environmental laws, 
        regulations, and policies to ensure that each person enjoys--
                    (A) the same degree of protection from 
                environmental and health hazards; and
                    (B) equal access to any Federal agency action on 
                environmental justice issues in order to have a healthy 
                environment in which to live, learn, and work.
            (12) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of communities of color, low-income 
        communities, rural communities, and Tribal and indigenous 
        communities, that experiences, or is at risk of experiencing, 
        significantly higher and more adverse human health or 
        environmental effects.
            (13) Environmental law.--The term ``environmental law'' 
        includes the Clean Air Act (42 U.S.C. 7401 et seq.), the 
        Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.), 
        the Energy Policy Act of 2005, the National Environmental 
        Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Pollution 
        Prevention Act of 1990 (42 U.S.C. 13101 et seq.), the Safe 
        Drinking Water Act (42 U.S.C. 300f et seq.), and the Solid 
        Waste Disposal Act (42 U.S.C. 6901 et seq.).
            (14) Fair treatment.--The term ``fair treatment'' means the 
        conduct of a program, policy, practice or activity by a Federal 
        agency in a manner that ensures that no group of individuals 
        (including racial, ethnic, or socioeconomic groups) experience 
        a disproportionate burden of high and adverse human health or 
        environmental effects resulting from such program, policy, 
        practice, or activity.
            (15) Indian tribe.--The term ``Indian Tribe'' has the 
        meaning given the term ``Indian tribe'' in section 4 of the 
        Indian Self-Determination and Education Assistance Act (25 
        U.S.C. 5304).
            (16) Local government.--The term ``local government'' 
        means--
                    (A) a county, municipality, city, town, township, 
                local public authority, school district, special 
                district, intrastate district, council of governments 
                (regardless of whether the council of governments is 
                incorporated as a nonprofit corporation under State 
                law), regional or interstate governmental entity, or 
                agency or instrumentality of a local government;
                    (B) an Indian Tribe or authorized Tribal 
                organization, or Alaska Native village or organization, 
                that is not a Tribal Government; or
                    (C) a rural community.
            (17) Low-income community.--The term ``low-income 
        community'' means a population of individuals whose family's 
        taxable income for the preceding year did not exceed 150 
        percent of the poverty level amount.
            (18) Rural community.--The term ``rural community'' means a 
        population of individuals not included within an urban area (as 
        defined by the Census Bureau).
            (19) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, the Commonwealth of 
        Puerto Rico, the Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.
            (20) Tribal and indigenous community.--The term ``Tribal 
        and indigenous community'' refers to a population of people who 
        are members of a federally recognized Indian Tribe, including 
        those living on a different reservation or living outside 
        Indian country, State-recognized Indian Tribes, Alaska Natives, 
        Native Hawaiians, Native Pacific Islanders, and Native 
        Americans.
            (21) Tribal government.--The term ``Tribal Government'' 
        means the governing body of any Indian Tribe, Alaska Native 
        Tribe, band, nation, pueblo, village, or community that the 
        Secretary of the Interior acknowledges to exist as an Indian 
        Tribe under the Federally Recognized Indian Tribe List Act of 
        1994.
            (22) Working group.--The term ``Working Group'' means the 
        Interagency Working Group on Environmental Justice Compliance 
        and Enforcement established by the President under section 7.

SEC. 4. PROHIBITED DISCRIMINATION.

    Section 601 of the Civil Rights Act of 1964 (42 U.S.C. 2000d) is 
amended--
            (1) by striking ``No'' and inserting ``(a) No''; and
            (2) by adding at the end the following:
    ``(b)(1)(A) Discrimination (including exclusion from participation 
and denial of benefits) based on disparate impact is established under 
this title only if--
            ``(i) a person aggrieved demonstrates that a covered agency 
        has a program, policy, practice, or activity that causes a 
        disparate impact on the basis of race, color, or national 
        origin and the covered agency fails to demonstrate that the 
        challenged program, policy, practice, or activity is related to 
        and necessary to achieve the nondiscriminatory goal of the 
        program, policy, practice, or activity alleged to have been 
        operated in a discriminatory manner; or
            ``(ii) the aggrieved person demonstrates (consistent with 
        the demonstration required under title VII with respect to an 
        `alternative employment practice') that a less discriminatory 
        alternative program, policy, practice, or activity exists, and 
        the covered agency refuses to adopt such alternative program, 
        policy, practice, or activity.
    ``(B)(i) With respect to demonstrating that a particular program, 
policy, practice, or activity causes a disparate impact, the aggrieved 
personal shall demonstrate that each particular challenged program, 
policy, practice, or activity causes a disparate impact, except that if 
the aggrieved person demonstrates to the courts that the elements of 
the covered agency's decision-making process are not capable of 
separation for analysis, the decision-making process may be analyzed as 
1 program, policy, practice, or activity.
    ``(ii) If the covered agency demonstrates that a specific program, 
policy, practice, or activity does not cause the disparate impact, the 
covered agency shall not be required to demonstrate that such program, 
policy, practice, or activity is necessary to achieve the goals of its 
program, policy, practice, or activity.
    ``(2) A demonstration that a program, policy, practice, or activity 
is necessary to achieve the goals of a program, policy, practice, or 
activity may not be used as a defense against a claim of intentional 
discrimination under this title.
    ``(c) No person in the United States shall be subjected to 
discrimination, including relation, because such person opposed any 
program, policy, practice, or activity prohibited by this title, or 
because such person made a charge, testified, assisted, or participated 
in any manner in an investigation, proceeding, or hearing under this 
title.''.

SEC. 5. RIGHT OF ACTION.

    Section 602 of the Civil Rights Act of 1964 (42 U.S.C. 2000d-1) is 
amended--
            (1) by inserting ``(a)'' before ``Each Federal department 
        and agency which is empowered''; and
            (2) by adding at the end the following:
    ``(b) Any person aggrieved by the failure of a covered agency to 
comply with this title, including any regulation promulgated pursuant 
to this title, may file suit in any district court of the United States 
having jurisdiction of the parties, without respect to the amount in 
controversy and without regard to the citizenship of the parties.''.

SEC. 6. RIGHTS OF RECOVERY.

    Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) 
is amended by inserting after section 602 the following:

``SEC. 602A. ACTIONS BROUGHT BY AGGRIEVED PERSONS.

    ``(a) Claims Based on Proof of Intentional Discrimination.--In an 
action brought by an aggrieved person under this title against a 
covered agency who has engaged in unlawful intentional discrimination 
(not a practice that is unlawful because of its disparate impact) 
prohibited under this title (including its implementing regulations), 
the aggrieved person may recover equitable and legal relief (including 
compensatory and punitive damages), attorney's fees (including expert 
fees), and costs of the action, except that punitive damages are not 
available against a government, government agency, or political 
subdivision.
    ``(b) Claims Based on the Disparate Impact Standard of Proof.--In 
an action brought by an aggrieved person under this title against a 
covered agency who has engaged in unlawful discrimination based on 
disparate impact prohibited under this title (including implementing 
regulations), the aggrieved person may recover attorney's fees 
(including expert fees), and costs of the action.''.

SEC. 7. INTERAGENCY WORKING GROUP ON ENVIRONMENTAL JUSTICE COMPLIANCE 
              AND ENFORCEMENT.

    (a) Establishment.--Not later than 30 days after the date of 
enactment of this Act, the President shall establish a working group to 
be known as the Interagency Working Group on Environmental Justice 
Compliance and Enforcement.
    (b) Purposes.--The purposes of the Working Group are--
            (1) to advise and assist Federal agencies in identifying 
        and addressing, as appropriate, the disproportionate human 
        health and environmental effects of Federal programs, policies, 
        practices, and activities on communities of color, low-income 
        communities, rural communities, and Tribal and indigenous 
        communities;
            (2) to promote meaningful involvement and due process in 
        the development, implementation, and enforcement of 
        environmental laws;
            (3) to provide direct guidance and technical assistance to 
        environmental justice communities focused on increasing 
        community understanding of the science, regulations, and policy 
        related to Federal agency actions on environmental justice 
        issues; and
            (4) to cooperate with State governments, Tribal 
        Governments, and local governments to address pollution and 
        public health burdens in environmental justice communities, and 
        build healthy, sustainable, and resilient communities.
    (c) Composition.--The Working Group shall be composed of a 
representative from each of the following:
            (1) The Department of Agriculture.
            (2) The Department of Commerce.
            (3) The Department of Defense.
            (4) The Department of Energy.
            (5) The Department of Health and Human Services.
            (6) The Department of Housing and Urban Development.
            (7) The Department of the Interior.
            (8) The Department of Justice.
            (9) The Department of Labor.
            (10) The Department of Transportation.
            (11) The Environmental Protection Agency.
            (12) The Office of Management and Budget.
            (13) The Office of Science and Technology Policy.
            (14) The Office of the Deputy Assistant to the President 
        for Environmental Policy.
            (15) The Office of the Assistant to the President for 
        Domestic Policy.
            (16) The National Economic Council.
            (17) The Council on Environmental Quality.
            (18) The Council of Economic Advisers.
            (19) Any other agency that the President may designate.
    (d) Governance.--The President, or designee, shall serve as 
Chairperson of the Working Group.
    (e) Report to President.--The Working Group shall report to the 
President through--
            (1) the Council on Environmental Equity;
            (2) the Deputy Assistant to the President for Environmental 
        Policy; or
            (3) the Assistant to the President for Domestic Policy.
    (f) Uniform Consideration Guidance.--
            (1) In general.--To ensure that there is a common level of 
        understanding of terminology used in dealing with environmental 
        justice issues, not later than 1 year after the date of 
        enactment of this Act, 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) Health disparities.
                    (B) Environmental exposure disparities.
                    (C) Intrinsic biological factors, including age, 
                sex, and race or ethnicity.
                    (D) Social stressors, including poverty, housing 
                quality, access to health care, education, and lack of 
                community resources.
                    (E) Cumulative impacts or risks.
                    (F) Additional elements in the community that 
                indicate vulnerability or susceptibility to high and 
                adverse human health and environmental effects 
                (including climate change).
                    (G) 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 3 years after the date of 
        enactment of this Act, 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 and finalized by each Federal agency that 
        participates in the Working Group under section 8(b).
    (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 Chairperson of the Council on Environmental 
        Quality, the Deputy Assistant to the President for 
        Environmental Policy, or 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 that participates in 
                the Working Group.
            (2) Public availability.--The head of each Federal agency 
        that participates in the Working Group 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. 8. RESPONSIBILITIES OF FEDERAL AGENCIES.

    (a) Conduct of Programs.--Each Federal agency that participates in 
the Working Group shall conduct each program, policy, practice, and 
activity of the Federal agency that adversely affects, or has the 
potential to adversely affect, human health or the environment in a 
manner that ensures that each such program, policy, practice, or 
activity does not have an effect of excluding any individual from 
participating in, denying any individual the benefits of, or subjecting 
any individual to discrimination or disparate impact under, such 
program, policy, practice, or activity of the Federal agency because of 
the race, color, national origin, or income level of the individual.
    (b) Federal Agency Environmental Justice Strategies.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, and after notice and opportunity for 
        public comment, each Federal agency that participates in the 
        Working Group shall develop and finalize an agencywide 
        environmental justice strategy that--
                    (A) identifies and addresses any disproportionately 
                high or adverse human health or environmental effects 
                of its programs, policies, practices, and activities 
                on--
                            (i) communities of color;
                            (ii) low-income communities;
                            (iii) rural communities; and
                            (iv) Tribal and indigenous communities; 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, practice, activity (including any public 
                participation process) of the Federal agency, relating 
                to human health or the environment that the Federal 
                agency determines should be revised--
                            (i) to ensure that all persons have the 
                        same degree of protection from environmental 
                        and health hazards;
                            (ii) to ensure meaningful involvement and 
                        due process in the development, implementation, 
                        and enforcement of environmental laws;
                            (iii) to improve direct guidance and 
                        technical assistance to environmental justice 
                        communities with respect to the understanding 
                        of the science, regulations, and policy related 
                        to Federal agency action on environmental 
                        justice issues;
                            (iv) to improve cooperation with State 
                        governments, Tribal Governments, and local 
                        governments to address pollution and public 
                        health burdens in environmental justice 
                        communities, and build healthy, sustainable, 
                        and resilient communities;
                            (v) to improve Federal research and data 
                        collection efforts related to--
                                    (I) the health of and environment 
                                of communities of color, low-income 
                                communities, rural communities, and 
                                Tribal and indigenous communities;
                                    (II) climate change; and
                                    (III) the inequitable distribution 
                                of burdens and benefits of the 
                                management and use of natural 
                                resources, including water, minerals, 
                                or land; and
                            (vi) to reduce or eliminate 
                        disproportionately high and adverse human 
                        health or environmental effects on communities 
                        of color, low income communities, rural 
                        communities, and Tribal and indigenous 
                        communities; and
                    (B) a timetable for the completion of--
                            (i) each revision identified under 
                        subparagraph (A); and
                            (ii) an assessment of the economic and 
                        social implications of each revision identified 
                        under subparagraph (A).
            (3) Reports.--
                    (A) Annual reports.--Not later than 2 years after 
                the finalization of an environmental justice strategy 
                under this subsection, and annually thereafter, a 
                Federal agency that participates in the Working Group 
                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.
                    (B) Periodic reports.--In addition to the annual 
                reports described in subparagraph (A), upon 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.
            (4) Revision of agencywide environmental justice 
        strategy.--Not later than 5 years after the date of enactment 
        of this Act, each Federal agency that participates in the 
        Working Group shall--
                    (A) evaluate and revise the environmental justice 
                strategy of the Federal agency; and
                    (B) submit to the Working Group a copy of the 
                revised version of the environmental justice strategy 
                of the Federal agency.
            (5) Petition.--
                    (A) In general.--The head of a Federal agency may 
                submit to the President a petition for an exemption of 
                any requirement described in this section with respect 
                to any program or activity of the Federal agency.
                    (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 communities of color, low-income 
                        communities, rural communities, and Tribal and 
                        indigenous communities; and
                            (ii) exacerbate any disproportionately high 
                        and adverse human health or environmental 
                        effect on any community of color, low-income 
                        community, rural community, or Tribal and 
                        indigenous community.
                    (D) Appeal.--
                            (i) In general.--Not later than 90 days 
                        after the date on which the President approves 
                        a petition under this paragraph, an individual 
                        may appeal the decision of the President to 
                        approve the petition.
                            (ii) Written appeal.--
                                    (I) In general.--To appeal a 
                                decision of the President under 
                                subparagraph (A), an individual shall 
                                submit a written appeal to--
                                            (aa) the Council on 
                                        Environmental Quality;
                                            (bb) the Deputy Assistant 
                                        to the President for 
                                        Environmental Policy; or
                                            (cc) the Assistant to the 
                                        President for Domestic Policy.
                                    (II) Contents.--A written appeal 
                                shall contain a description of each 
                                reason why the exemption that is the 
                                subject of the petition is unnecessary.
                            (iii) Requirement of president.--Not later 
                        than 90 days after the date on which an 
                        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. 9. 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. 10. 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; and
                    (B) 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 that 
        participates in the Working Group, not later than 30 days after 
        the date on which an individual is appointed to the position of 
        environmental justice coordinator, environmental justice 
        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 each Federal 
        agency that participates in the Working Group shall evaluate 
        the training programs of such Federal agency to determine if 
        such Federal agency has improved the rate of training of the 
        employees of such Federal agency to ensure that each employee 
        has received environmental justice training.

SEC. 11. GRANT PROGRAMS.

    (a) Environmental Justice Community Grant Program.--
            (1) Establishment.--The Administrator shall establish a 
        program under which the Administrator shall provide grants to 
        eligible entities to assist the eligible entities in--
                    (A) building capacity to address issues relating to 
                environmental justice; and
                    (B) carrying out any activity described in 
                paragraph (4).
            (2) Eligibility.--To be eligible to receive a grant under 
        paragraph (1), an eligible entity shall be a nonprofit, 
        community-based organization that conducts activities to reduce 
        the disproportionate health impacts of environmental pollution 
        in the environmental justice community at which the eligible 
        entity proposes to conduct an activity that is the subject of 
        the application described in paragraph (3).
            (3) Application.--To be eligible to receive a grant under 
        paragraph (1), an eligible entity shall submit to the 
        Administrator an application at such time, in such manner, and 
        containing such information as the Administrator may require, 
        including--
                    (A) an outline describing the means by which the 
                project proposed by the eligible entity will--
                            (i) with respect to environmental and 
                        public health issues at the local level, 
                        increase the understanding of the environmental 
                        justice community at which the eligible entity 
                        will conduct the project;
                            (ii) improve the ability of the 
                        environmental justice community to address each 
                        issue described in clause (i); and
                            (iii) facilitate collaboration and 
                        cooperation among various stakeholders 
                        (including members of the environmental justice 
                        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 grant under this 
                subsection, to develop a project that is capable of 
                being sustained beyond the period of the grant; and
                    (E) a description of the ways by which the eligible 
                entity is linked to, and representative of, the 
                environmental justice community at which the eligible 
                entity will conduct the project.
            (4) Use of funds.--An eligible entity may only use a grant 
        under this subsection to carry out culturally and 
        linguistically appropriate projects and activities that are 
        tailored to the needs of the environmental justice community at 
        which the eligible entity proposes to conduct the project or 
        activity to address environmental justice concerns and improve 
        the health or environment of the environmental justice 
        community, including activities--
                    (A) to create or develop collaborative 
                partnerships;
                    (B) to educate and provide outreach services to the 
                environmental justice community;
                    (C) to identify, and implement projects to address, 
                environmental, or public health concerns; or
                    (D) to develop a comprehensive understanding of 
                environmental or public health issues.
            (5) Report.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Administrator shall submit to the Committees on 
                Energy and Commerce and Natural Resources of the House 
                of Representatives and the Committees on Environment 
                and Public Works and Energy and Natural Resources of 
                the Senate a report describing the ways by which the 
                grant program under this subsection has helped 
                community-based nonprofit organizations address issues 
                relating to environmental justice.
                    (B) Public availability.--The Administrator shall 
                make 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 $20,000,000 for 
        each of fiscal years 2018 through 2022.
    (b) State Grant Program.--
            (1) Establishment.--The Administrator shall establish a 
        program under which the Administrator shall provide grants to 
        States to enable the States--
                    (A) to establish culturally and linguistically 
                appropriate protocols, activities, and mechanisms for 
                addressing issues relating to environmental justice; 
                and
                    (B) to carry out culturally and linguistically 
                appropriate activities to reduce or eliminate 
                disproportionately 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 receipt of the funds.
            (3) Report.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Administrator shall submit to the Committees on 
                Energy and Commerce and Natural Resources of the House 
                of Representatives and the Committees on Environment 
                and Public Works and Energy and Natural Resources of 
                the Senate a report describing--
                            (i) the implementation of the grant program 
                        established under paragraph (1);
                            (ii) the impact of the grant program on 
                        improving the ability of each participating 
                        State to address environmental justice issues; 
                        and
                            (iii) the activities carried out by each 
                        State to reduce or eliminate disproportionately 
                        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 $10,000,000 for 
        each of fiscal years 2018 through 2022.
    (c) Tribal Grant Program.--
            (1) Establishment.--The Administrator shall establish a 
        program under which the Administrator shall provide grants to 
        Tribal Governments to enable the Indian Tribes--
                    (A) to establish culturally and linguistically 
                appropriate protocols, activities, and mechanisms for 
                addressing issues relating to environmental justice; 
                and
                    (B) to carry out culturally and linguistically 
                appropriate activities to reduce or eliminate 
                disproportionately high and adverse human health or 
                environmental effects on environmental justice 
                communities in Tribal and indigenous communities.
            (2) Eligibility.--
                    (A) Application.--To be eligible to receive a grant 
                under paragraph (1), a Tribal Government shall submit 
                to the Administrator an application at such time, in 
                such manner, and containing such information as the 
                Administrator may require, including--
                            (i) a plan that contains a description of 
                        the means by which the funds provided through a 
                        grant under paragraph (1) will be used to 
                        address issues relating to environmental 
                        justice in Tribal and indigenous communities; 
                        and
                            (ii) assurances that the funds provided 
                        through a grant under paragraph (1) will be 
                        used only to supplement the amount of funds 
                        that the Tribal Government allocates for 
                        initiatives relating to environmental justice.
                    (B) Ability to continue program.--To be eligible to 
                receive a grant under paragraph (1), a Tribal 
                Government shall demonstrate to the Administrator that 
                the Tribal Government has the ability to continue each 
                program that is the subject of funds provided through a 
                grant under paragraph (1) after receipt of the funds.
            (3) Report.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, and annually thereafter, 
                the Administrator shall submit to the Committees on 
                Energy and Commerce and Natural Resources of the House 
                of Representatives and the Committees on Environment 
                and Public Works and Energy and Natural Resources of 
                the Senate a report describing--
                            (i) the implementation of the grant program 
                        established under paragraph (1);
                            (ii) the impact of the grant program on 
                        improving the ability of each participating 
                        Indian Tribe to address environmental justice 
                        issues; and
                            (iii) the activities carried out by each 
                        Tribal Government to reduce or eliminate 
                        disproportionately high and adverse human 
                        health or environmental effects on applicable 
                        environmental justice communities in Tribal and 
                        indigenous 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).
            (4) Authorization of appropriations.--There is authorized 
        to be appropriated to carry out this subsection $10,000,000 for 
        each of fiscal years 2018 through 2022.
    (d) Community-Based Participatory Research Grant Program.--
            (1) Establishment.--The Administrator, in consultation with 
        the Director, shall establish a program under which the 
        Administrator shall provide not more than 25 multiyear grants 
        to eligible entities to carry out community-based participatory 
        research--
                    (A) to address issues relating to environmental 
                justice;
                    (B) to improve the environment of residents 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 $10,000,000 for 
        each of fiscal years 2018 through 2022.

SEC. 12. 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 government, Tribal Government, or 
                local government.
    (c) Plan.--
            (1) In general.--Not later than 2 years after the date of 
        enactment of this Act, the Administrator, in consultation with 
        the Director, shall develop and publish in the Federal Register 
        a plan to carry out the basic training program 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 Committees on Energy and 
        Commerce and Natural Resources of the House of Representatives 
        and the Committees on Environment and Public Works and Energy 
        and Natural Resources of the Senate a report describing--
                    (A) the implementation of the 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 $10,000,000 for each of fiscal 
years 2018 through 2022.

SEC. 13. NATIONAL ENVIRONMENTAL JUSTICE ADVISORY COUNCIL.

    (a) Establishment.--The President shall establish an advisory 
council to be known as the National Environmental Justice Advisory 
Council.
    (b) Membership.--The Advisory Council shall be comprised of 26 
members who have knowledge of, or experience relating to, the effect of 
environmental conditions on communities of color, low-income 
communities, rural communities, and Tribal and indigenous communities, 
including--
            (1) representatives of--
                    (A) community-based organizations that carry out 
                initiatives relating to environmental justice;
                    (B) State governments, Tribal Governments, 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 Environmental Protection Agency with respect 
to issues relating to environmental justice, including advice--
            (1) to help develop, facilitate, and conduct reviews of the 
        direction, criteria, scope, and adequacy of the scientific 
        research and demonstration projects of the Environmental 
        Protection Agency relating to environmental justice;
            (2) to improve the participation, cooperation, and 
        communication with respect to such issues--
                    (A) within the Environmental Protection Agency;
                    (B) between the Environmental Protection Agency and 
                other entities; and
                    (C) between, and among, the Environmental 
                Protection Agency and Federal agencies, State, and 
                local governments, Indian Tribes, environmental justice 
                leaders, interest groups, and the public;
            (3) requested by the Administrator to help improve the 
        response of the Environmental Protection Agency in securing 
        environmental justice for communities of color, low-income 
        communities, rural communities, and Tribal and indigenous 
        communities; and
            (4) on issues relating to--
                    (A) the developmental framework of the 
                Environmental Protection Agency with respect to the 
                integration by the Environmental Protection Agency of 
                socioeconomic programs into the strategic planning, 
                annual planning, and management accountability of the 
                Environmental Protection Agency to achieve 
                environmental justice results throughout the 
                Environmental Protection Agency;
                    (B) the measurement and evaluation of the progress, 
                quality, and adequacy of the Environmental Protection 
                Agency in planning, developing, and implementing 
                environmental justice strategies, projects, and 
                programs;
                    (C) any existing and future information management 
                systems, technologies, and data collection activities 
                of the Environmental Protection Agency (including 
                recommendations to conduct analyses that support and 
                strengthen environmental justice programs in 
                administrative and scientific areas);
                    (D) the administration by the Administrator of 
                grant programs relating to environmental justice 
                assistance; and
                    (E) the awareness of, and education training, and 
                other outreach activities conducted by, the 
                Environmental Protection Agency relating to 
                environmental justice.
    (e) Meetings.--
            (1) Frequency.--
                    (A) In general.--Subject to subparagraph (B), the 
                Advisory Council shall meet biannually.
                    (B) Authority of administrator.--The Administrator 
                may require the Advisory Council to conduct additional 
                meetings if the Administrator determines that the 
                conduct of any additional meetings 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. 14. 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 web pages that describe environmental justice 
        activities of other Federal agencies;
            (4) a directory of individuals who possess technical 
        expertise in issues relating to environmental justice;
            (5) a directory of nonprofit and community-based 
        organizations that address issues relating to environmental 
        justice at the local, State, and Federal levels (with 
        particular emphasis given to nonprofit and community-based 
        organizations that possess the capability to provide advice or 
        technical assistance to environmental justice communities); and
            (6) any other appropriate information as determined by the 
        Administrator.
    (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. 15. 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. 16. 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. 17. EVALUATION BY COMPTROLLER GENERAL OF THE UNITED STATES.

    Not later than 2 years after the date of enactment of this Act, and 
biennially thereafter, the Comptroller General of the United States 
shall submit to the Committees on Energy and Commerce and Natural 
Resources of the House of Representatives, and the Committees on 
Environment and Public Works and Energy and Natural Resources of the 
Senate, a report that contains an evaluation of the effectiveness of 
each activity carried out 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 the interagency Federal environmental justice 
        strategy;
            (2) the ways by which each Federal agency that participates 
        in the Working Group has developed and implemented its 
        environmental justice strategy;
            (3) the effectiveness of each grant program carried out 
        under this Act; and
            (4) the effectiveness of the Environmental Protection 
        Agency in carrying out the meeting and reporting requirements 
        under this Act.
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