[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 101 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 101

To establish the Environmental Justice Mapping Committee, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2021

  Mr. Markey (for himself and Ms. Duckworth) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 A BILL


 
To establish the Environmental Justice Mapping Committee, 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 Mapping and 
Data Collection Act of 2021''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) environmental hazards causing adverse health outcomes 
        have disproportionately affected environmental justice 
        communities as a result of systemic injustices relating to 
        factors that include race and income;
            (2) environmental justice communities have increased 
        vulnerability to the adverse effects of climate change and need 
        significant investment to face current and future environmental 
        hazards;
            (3) the Federal Government has lacked a cohesive and 
        consistent strategy to carry out the responsibilities of 
        Federal agencies described in Executive Order 12898 (42 U.S.C. 
        4321 note; relating to Federal actions to address environmental 
        justice in minority populations and low-income populations);
            (4) it is necessary that the Federal Government 
        meaningfully engage environmental justice communities in the 
        process of developing a robust strategy to address 
        environmental justice, including high levels of review, input, 
        and consent;
            (5) there is a lack of nationwide high-quality data 
        relating to environmental justice concerns, such as 
        socioeconomic factors, air pollution, water pollution, soil 
        pollution, and public health, and a failure to update the 
        existing data with adequate frequency;
            (6) there is no nationally consistent method to identify 
        environmental justice communities based on the cumulative 
        effects of socioeconomic factors, pollution burden, and public 
        health;
            (7) a method described in paragraph (6) is needed to 
        correct for racist and unjust practices leading to historical 
        and current environmental injustices through the targeted 
        investment in environmental justice communities of at least 40 
        percent of the funds provided for a clean energy transition and 
        other related investments, including transportation 
        infrastructure, housing infrastructure, and water quality 
        infrastructure;
            (8) funds targeted for environmental justice communities 
        should include set-asides for technical assistance and capacity 
        building for environmental justice communities to access the 
        funds;
            (9) particular oversight and care are necessary when 
        investing in environmental justice communities to ensure that 
        existing issues are not exacerbated and new issues are not 
        created, particularly issues relating to pollution burden and 
        the displacement of residents;
            (10) several States, academic institutions, and nonprofit 
        organizations have engaged in cumulative impact environmental 
        justice mapping efforts that can serve as references for a 
        Federal mapping effort;
            (11) many environmental justice communities, such as 
        communities in ``Cancer Alley'' in the State of Louisiana, have 
        been clearly affected by extreme environmental hazards such 
        that the communities--
                    (A) are identifiable before the establishment of 
                the tool under subsection (b) of section 5 and the 
                completion of the data gap audit under subsection (d) 
                of that section; and
                    (B) should be eligible for programs targeted toward 
                environmental justice communities that have faced 
                extreme environmental hazards before the establishment 
                of that tool and the completion of that audit;
            (12) in addition to investment in environmental justice 
        communities, pollution reduction is essential to achieving 
        equitable access to a healthy and clean environment and an 
        equitable energy system; and
            (13) specific policy and permitting decisions and 
        investments may rely on different combinations of data sets and 
        indicators relating to environmental justice, and race alone 
        may be considered a criterion when assessing the susceptibility 
        of a community to environmental injustice.

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 advisory council established under section 4(d)(2)(A).
            (3) Committee.--The term ``Committee'' means the 
        Environmental Justice Mapping Committee established by section 
        4(a).
            (4) 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 
                relating to the development, implementation, and 
                enforcement of environmental laws, regulations, and 
                policies for the purpose of having a healthy 
                environment in which to live, learn, work, and 
                recreate.
            (5) Environmental justice community.--The term 
        ``environmental justice community'' means a community with 
        significant representation of communities of color, low-income 
        communities, or Tribal and indigenous communities, that 
        experiences, or is at risk of experiencing, higher or more 
        adverse human health or environmental effects, as compared to 
        other communities.
            (6) Ground-truthing.--The term ``ground-truthing'' means a 
        community fact-finding process by which residents of a 
        community supplement technical information with local knowledge 
        for the purpose of better informing policy and project 
        decisions.
            (7) Relevant stakeholder.--The term ``relevant 
        stakeholder'' means--
                    (A) a representative of a regional, State, Tribal, 
                or local government agency;
                    (B) a representative of a nongovernmental 
                organization with experience in areas that may include 
                Tribal relations, environmental conservation, city and 
                regional planning, and public health;
                    (C) a representative of a labor union;
                    (D) a representative or member of--
                            (i) an environmental justice community; or
                            (ii) a community-based organization for an 
                        environmental justice community;
                    (E) an individual with expertise in cumulative 
                impacts, geospatial data, and environmental justice, 
                particularly such an individual from an academic or 
                research institution; and
                    (F) an advocate with experience in environmental 
                justice who represents an environmental justice 
                community.

SEC. 4. ESTABLISHMENT OF COMMITTEE.

    (a) In General.--There is established a committee, to be known as 
the ``Environmental Justice Mapping Committee''.
    (b) Membership.--
            (1) In general.--The Committee shall be composed of not 
        fewer than 1 representative of each of the following:
                    (A) Of the Environmental Protection Agency--
                            (i) the Office of Air and Radiation;
                            (ii) the Office of Chemical Safety and 
                        Pollution Prevention;
                            (iii) the Office of International and 
                        Tribal Affairs;
                            (iv) the Office of Land and Emergency 
                        Management;
                            (v) the Office of Water;
                            (vi) the Office of Environmental Justice;
                            (vii) the Office of Research and 
                        Development; and
                            (viii) the Office of Public Engagement and 
                        Environmental Education.
                    (B) The Council on Environmental Quality.
                    (C) Of the Department of Commerce--
                            (i) the Office of Oceanic and Atmospheric 
                        Research, including not fewer than 1 
                        representative of the Climate Program Office;
                            (ii) the Economics and Statistics 
                        Administration, including not fewer than 1 
                        representative of the Bureau of Economic 
                        Analysis; and
                            (iii) the National Institute of Standards 
                        and Technology.
                    (D) Of the Department of Health and Human 
                Services--
                            (i) the Centers for Disease Control and 
                        Prevention, not including the Agency for Toxic 
                        Substances and Disease Registry;
                            (ii) the Agency for Toxic Substances and 
                        Disease Registry;
                            (iii) the Administration for Children and 
                        Families;
                            (iv) of the National Institutes of Health--
                                    (I) the National Institute of 
                                Environmental Health Sciences;
                                    (II) the National Institute of 
                                Mental Health; and
                                    (III) the National Institute on 
                                Minority Health and Health Disparities; 
                                and
                            (v) the Office for Civil Rights.
                    (E) Of the Department of the Interior--
                            (i) the Bureau of Indian Affairs;
                            (ii) the Office of Civil Rights; and
                            (iii) the United States Geological Survey.
                    (F) The Forest Service.
                    (G) The Department of Housing and Urban 
                Development.
                    (H) The Department of Energy.
                    (I) The Department of Transportation.
                    (J) The Department of Justice.
                    (K) The Federal Energy Regulatory Commission.
                    (L) The Department of the Treasury.
                    (M) Such other Federal departments, agencies, and 
                offices as the Administrator determines to be 
                appropriate, particularly offices relating to public 
                engagement.
            (2) Selection of representatives.--The head of a department 
        or agency described in paragraph (1) shall, in appointing to 
        the Committee a representative of the department or agency, 
        select a representative--
                    (A) of a component of the department or agency that 
                is among the components that are the most relevant to 
                the responsibilities of the Committee; or
                    (B) who has expertise in areas relevant to those 
                responsibilities, such as demographic indicators 
                relating to socioeconomic hardship, environmental 
                justice, public engagement, public health, exposure to 
                pollution, future climate and extreme weather mapping, 
                affordable energy, sustainable transportation, and 
                access to water, food, and green space.
            (3) Co-chairs.--
                    (A) In general.--The members of the Committee shall 
                select 3 members to serve as co-chairs of the 
                Committee--
                            (i) 1 of whom shall be a representative of 
                        the Environmental Protection Agency;
                            (ii) 1 of whom shall be a representative of 
                        the Council on Environmental Quality; and
                            (iii) 1 of whom shall have substantial 
                        experience in public engagement.
                    (B) Terms.--Each co-chair shall serve for a term of 
                not more than 3 years.
                    (C) Responsibilities of co-chairs.--The co-chairs 
                of the Committee shall--
                            (i) determine the agenda of the Committee, 
                        in consultation with other members of the 
                        Committee;
                            (ii) direct the work of the Committee, 
                        including the oversight of a meaningful public 
                        engagement process; and
                            (iii) convene meetings of the Committee not 
                        less frequently than once each fiscal quarter.
    (c) Administrative Support.--
            (1) In general.--The Administrator shall provide technical 
        and administrative support to the Committee.
            (2) Funding.--The Administrator may carry out paragraph (1) 
        using, in addition to any amounts made available under section 
        7, amounts authorized to be appropriated to the Administrator 
        before the date of enactment of this Act and available for 
        obligation as of that date of enactment.
    (d) Consultation.--
            (1) In general.--In carrying out the duties of the 
        Committee, the Committee shall consult with relevant 
        stakeholders.
            (2) Advisory council.--
                    (A) In general.--The Committee shall establish an 
                advisory council composed of a balanced proportion of 
                relevant stakeholders, at least \1/2\ of whom shall 
                represent environmental justice communities.
                    (B) Chair.--The advisory council shall be chaired 
                by an environmental justice advocate or other relevant 
                stakeholder with substantial experience in 
                environmental justice.
                    (C) Requirements.--Consultation described in 
                paragraph (1) shall include--
                            (i) early and regular engagement with the 
                        advisory council, including in carrying out 
                        public engagement under paragraph (3); and
                            (ii) consideration of the recommendations 
                        of the advisory council.
                    (D) Recommendations not used.--If the Committee 
                does not use a recommendation of the advisory council, 
                not later than 60 days after the date on which the 
                Committee receives notice of the recommendation, the 
                Committee shall--
                            (i) make available to the public on an 
                        internet website of the Environmental 
                        Protection Agency a written report describing 
                        the rationale of the Committee for not using 
                        the recommendation; and
                            (ii) submit the report described in clause 
                        (i) to the Committee on Environment and Public 
                        Works of the Senate and the Committee on Energy 
                        and Commerce of the House of Representatives.
                    (E) Outreach.--The advisory council may carry out 
                public outreach activities using amounts made available 
                under section 7 to supplement public engagement carried 
                out by the Committee under paragraph (3).
            (3) Public engagement.--
                    (A) In general.--The Committee shall, throughout 
                the process of carrying out the duties of the Committee 
                described in section 5--
                            (i) meaningfully engage with relevant 
                        stakeholders, particularly--
                                    (I) members and representatives of 
                                environmental justice communities;
                                    (II) environmental justice 
                                advocates; and
                                    (III) individuals with expertise in 
                                cumulative impacts and geospatial data; 
                                and
                            (ii) ensure that the input of the 
                        stakeholders described in clause (i) is central 
                        to the activities of the Committee.
                    (B) Plan.--
                            (i) In general.--In carrying out 
                        subparagraph (A), the Committee shall develop a 
                        plan, in consultation with the advisory 
                        council, for comprehensive public engagement 
                        with, and incorporation of feedback from, 
                        environmental justice advocates and members of 
                        environmental justice communities.
                            (ii) Strategies to overcome barriers to 
                        public engagement.--The plan developed under 
                        clause (i) shall include strategies to overcome 
                        barriers to public engagement, including--
                                    (I) language barriers;
                                    (II) transportation barriers;
                                    (III) economic barriers; and
                                    (IV) lack of internet access.
                            (iii) Consideration.--In developing the 
                        plan under clause (i), the Committee shall 
                        consider the diverse and varied experiences of 
                        environmental justice communities relating to 
                        the scope and types of environmental hazards 
                        and socioeconomic injustices.
                    (C) Consultation and solicitation of public 
                comment.--
                            (i) In general.--In carrying out 
                        subparagraph (A), not less frequently than once 
                        each fiscal quarter, the Committee shall 
                        consult with the advisory council and solicit 
                        meaningful public comment, particularly from 
                        relevant stakeholders, on the activities of the 
                        Committee.
                            (ii) Requirements.--The Committee shall 
                        carry out clause (i) through means including--
                                    (I) public notice of a meeting of 
                                the Committee occurring during the 
                                applicable fiscal quarter, which shall 
                                include--
                                            (aa) notice in publications 
                                        relevant to environmental 
                                        justice communities;
                                            (bb) notification to 
                                        environmental justice 
                                        communities through direct 
                                        means, such as community 
                                        centers and schools; and
                                            (cc) direct outreach to 
                                        known environmental justice 
                                        groups;
                                    (II) public broadcast of that 
                                meeting, including soliciting and 
                                receiving comments by virtual means; 
                                and
                                    (III) public availability of a 
                                transcript of that meeting through 
                                publication on an accessible website.
                            (iii) Languages.--The Committee shall 
                        provide each notice, notification, direct 
                        outreach, broadcast, and transcript described 
                        in clause (ii) in each language commonly used 
                        in the applicable environmental justice 
                        community, including through oral 
                        interpretation, if applicable.
                    (D) Funding.--Of amounts made available under 
                section 7, the Administrator shall make available to 
                the Committee such sums as are necessary for 
                participation by relevant stakeholders in public 
                engagement under this paragraph, as determined by the 
                Administrator, in consultation with the advisory 
                council.

SEC. 5. DUTIES OF COMMITTEE.

    (a) In General.--The Committee shall--
            (1) establish a tool described in subsection (b) to 
        identify environmental justice communities, including the 
        identification of--
                    (A) criteria to be used in the tool; and
                    (B) a methodology to determine the cumulative 
                impacts of those criteria;
            (2) assess and address data gaps in accordance with 
        subsection (d); and
            (3) collect data for the environmental justice data 
        repository established under section 6.
    (b) Establishment of Tool.--
            (1) In general.--The Committee, in consultation with 
        relevant stakeholders and the advisory council, shall establish 
        an interactive, transparent, integrated, and Federal 
        Government-wide tool for assessing and mapping environmental 
        justice communities based on the cumulative impacts of all 
        indicators selected by the Committee to be integrated into the 
        tool.
            (2) Requirements.--In establishing the tool under paragraph 
        (1), the Committee shall--
                    (A) integrate into the tool multiple data layers of 
                indicators that fall into categories including--
                            (i) demographics, particularly relating to 
                        socioeconomic hardship and social stressors, 
                        such as--
                                    (I) race and ethnicity;
                                    (II) low income;
                                    (III) high unemployment;
                                    (IV) low levels of home ownership;
                                    (V) high rent burden;
                                    (VI) high transportation burden;
                                    (VII) low levels of educational 
                                attainment;
                                    (VIII) linguistic isolation;
                                    (IX) energy insecurity or high 
                                utility rate burden;
                                    (X) food insecurity;
                                    (XI) health insurance status and 
                                access to healthcare; and
                                    (XII) membership in an Indian 
                                Tribe;
                            (ii) public health, particularly data that 
                        are indicative of sensitive populations, such 
                        as--
                                    (I) rates of asthma;
                                    (II) rates of cardiovascular 
                                disease;
                                    (III) child leukemia or other 
                                cancers that correlate with 
                                environmental hazards;
                                    (IV) low birth weight;
                                    (V) maternal mortality;
                                    (VI) rates of lead poisoning; and
                                    (VII) rates of diabetes;
                            (iii) pollution burdens, such as pollution 
                        burdens created by--
                                    (I) toxic chemicals;
                                    (II) air pollutants;
                                    (III) water pollutants;
                                    (IV) soil contaminants; and
                                    (V) perfluoroalkyl and 
                                polyfluoroalkyl substances; and
                            (iv) environmental effects, such as effects 
                        created by proximity to--
                                    (I) risk management plan sites;
                                    (II) hazardous waste facilities;
                                    (III) sites on the National 
                                Priorities List developed by the 
                                President in accordance with section 
                                105(a)(8)(B) of the Comprehensive 
                                Environmental Response, Compensation, 
                                and Liability Act of 1980 (42 U.S.C. 
                                9605(a)(8)(B)); and
                                    (IV) fossil fuel infrastructure;
                    (B) investigate how further indicators of 
                vulnerability to the impacts of climate change 
                (including proximity and exposure to sea level rise, 
                wildfire smoke, flooding, drought, rising average 
                temperatures, extreme storms, and extreme heat, and 
                financial burdens from flood and fire insurance) should 
                be incorporated into the tool as an additional set of 
                layers;
                    (C) identify and consider the effects of other 
                indicators relating to environmental justice for 
                integration into the tool as layers, including--
                            (i) safe, sufficient, and affordable 
                        drinking water, sanitation, and stormwater 
                        services;
                            (ii) access to and the quality of--
                                    (I) green space and tree canopy 
                                cover;
                                    (II) healthy food;
                                    (III) affordable energy and water;
                                    (IV) transportation;
                                    (V) reliable communication systems, 
                                such as broadband internet;
                                    (VI) child care;
                                    (VII) high-quality public schools, 
                                early childhood education, and child 
                                care; and
                                    (VIII) heath care facilities;
                            (iii) length of commute;
                            (iv) indoor air quality in multiunit 
                        dwellings;
                            (v) mental health;
                            (vi) labor market categories, particularly 
                        relating to essential workers; and
                            (vii) each type of utility expense;
                    (D) consider the implementation of specific 
                regional indicators, with the potential--
                            (i) to create regionally and locally 
                        downscaled maps in addition to a national map;
                            (ii) to provide incentives for States to 
                        collect data and conduct additional analyses to 
                        capture conditions specific to their 
                        localities;
                            (iii) to provide resources for and engage 
                        in ground-truthing to identify and verify 
                        important data with community members; and
                            (iv) to develop companion resources for, 
                        and provide technical support to, regional, 
                        State, local, or Tribal governments to create 
                        their own maps and environmental justice scores 
                        with relevant regional, State, local, and 
                        Tribal data;
                    (E) identify a methodology to account for the 
                cumulative impacts of all indicators selected by the 
                Committee under subparagraph (A), in addition to other 
                indicators as the Committee determines to be necessary, 
                to provide relative environmental justice scores for 
                regions that are--
                            (i) as small as practicable to identify 
                        communities; and
                            (ii) not larger than a census tract;
                    (F) ensure that the tool is capable of providing 
                maps of environmental justice communities based on 
                environmental justice scores described in subparagraph 
                (E);
                    (G) ensure that users of the tool are able to map 
                available layers together or independently as desired;
                    (H) implement a method for users of the tool to 
                generate a map and environmental justice score based on 
                a subset of indicators, particularly for the purpose of 
                using the tool in addressing various policy needs, 
                permitting processes, and investment goals;
                    (I) make the tool customizable to address specific 
                policy needs, permitting processes, and investment 
                goals;
                    (J) account for conditions that are not captured by 
                the quantitative data used to develop the 1 or more 
                maps and environmental justice scores comprising the 
                tool, by--
                            (i) developing and executing a plan to 
                        perform outreach to relevant communities; and
                            (ii) establishing a mechanism by which 
                        communities can self-identify as environmental 
                        justice communities to be included in the tool, 
                        which may include citing qualitative data on 
                        conditions for which quantitative data are 
                        lacking, such as cultural loss in Tribal 
                        communities;
                    (K) consider that the tool--
                            (i) will be used across the Federal 
                        Government in screening Federal policies, 
                        permitting processes, and investments for 
                        environmental and climate justice impacts; and
                            (ii) may be used to assess communities for 
                        pollution reduction programs; and
                    (L) carry out such other activities as the 
                Committee determines to be appropriate.
    (c) Transparency and Updates.--
            (1) In general.--
                    (A) Notice and comment.--The Committee shall 
                establish the tool described in subsection (b) after 
                providing notice and an opportunity for public comment.
                    (B) Hearings.--In carrying out subparagraph (A), 
                the Committee shall hold hearings, which shall be time- 
                and language-appropriate, in communities affected by 
                environmental justice issues in geographically 
                disparate States and Tribal areas.
            (2) Updates.--
                    (A) Annual updates.--The Committee shall update the 
                tool described in subsection (b) not less frequently 
                than annually to account for data sets that are updated 
                annually.
                    (B) Other updates.--Not less frequently than once 
                every 3 years, the Committee shall--
                            (i) update the indicators, methodology, or 
                        both for the tool described in subsection (b); 
                        and
                            (ii) reevaluate data submitted by Federal 
                        departments and agencies that is used for the 
                        tool.
                    (C) Reports.--After the initial establishment of 
                the tool described in subsection (b) and each update 
                under subparagraph (A) or (B), the Committee shall 
                publish a report describing--
                            (i) the process for identifying indicators 
                        relating to environmental justice in the 
                        development of the tool;
                            (ii) the methodology described in 
                        subsection (b)(2)(E); and
                            (iii) the use of public input and community 
                        engagement in that process.
            (3) Training tutorials and sessions.--
                    (A) In general.--The Committee shall--
                            (i) develop virtual training tutorials and 
                        sessions for environmental justice communities 
                        for the use of the tool described in subsection 
                        (b); and
                            (ii) where practicable, provide in-person 
                        training sessions for environmental justice 
                        communities for the use of that tool.
                    (B) Languages.--The tutorials and sessions under 
                subparagraph (A) shall be made available in each 
                language commonly used in the applicable environmental 
                justice community.
            (4) Public availability.--
                    (A) In general.--The Committee shall make available 
                to the public on an internet website of the 
                Environmental Protection Agency--
                            (i) the tool described in subsection (b);
                            (ii) each update under subparagraphs (A) 
                        and (B) of paragraph (2);
                            (iii) each report under paragraph (2)(C); 
                        and
                            (iv) the training tutorials and sessions 
                        developed under paragraph (3)(A)(i).
                    (B) Accessibility.--The Committee shall make the 
                tool, updates, and reports described in subparagraph 
                (A) accessible to the public by publication in relevant 
                languages and with accessibility functions, as 
                appropriate.
                    (C) Requirement.--In carrying out subparagraph 
                (A)(i), the Committee shall take measures to prevent 
                the tool from being misused to discriminate against 
                environmental justice communities, such as by providing 
                safeguards against the use of downscaled data that may 
                enable the identification of individuals.
    (d) Data Gap Audit.--
            (1) In general.--In establishing the tool described in 
        subsection (b), the Committee shall direct relevant Federal 
        departments and agencies to conduct an audit of data collected 
        by the department or agency to identify any data that are 
        relevant to environmental justice concerns, including data 
        relating to--
                    (A) public health metrics;
                    (B) toxic chemicals;
                    (C) socioeconomic demographics;
                    (D) air quality;
                    (E) water quality; and
                    (F) killings of individuals by law enforcement 
                officers.
            (2) Requirements.--An audit described in paragraph (1) 
        shall--
                    (A) examine the granularity and accessibility of 
                the data;
                    (B) address the need for improved air quality 
                monitoring; and
                    (C) include recommendations to other Federal 
                departments and agencies on means to improve the 
                quality, granularity, and transparency of, and public 
                involvement in, data collection and dissemination.
            (3) Improvements.--The Committee shall direct a Federal 
        department or agency, in conducting an audit under paragraph 
        (1), to address gaps in existing data collection that will 
        assist the Committee in establishing and operating the tool 
        described in subsection (b), including by providing to the 
        department or agency--
                    (A) benchmarks to meet in addressing the gaps;
                    (B) instructions for consistency in data formatting 
                that will allow for inclusion of data in the 
                environmental justice data repository described in 
                section 6; and
                    (C) best practices for collecting data in 
                collaboration with local organizations and partners, 
                such as engaging in ground-truthing.
            (4) Reports.--Not later than 180 days after a Federal 
        department or agency has conducted an audit under paragraph 
        (1), the Committee shall--
                    (A) make available to the public on an internet 
                website of the Environmental Protection Agency a report 
                describing the findings and conclusions of the audit, 
                including the progress made by the Federal department 
                or agency in addressing environmental justice data 
                gaps; and
                    (B) submit the report described in subparagraph (A) 
                to--
                            (i) the Committee on Environment and Public 
                        Works of the Senate;
                            (ii) the Committee on Health, Education, 
                        Labor, and Pensions of the Senate;
                            (iii) the Committee on Energy and Commerce 
                        of the House of Representatives; and
                            (iv) the Committee on Education and Labor 
                        of the House of Representatives.

SEC. 6. ENVIRONMENTAL JUSTICE DATA REPOSITORY.

    (a) In General.--The Administrator shall establish an environmental 
justice data repository to maintain--
            (1) the data collected by the Committee through the 
        establishment of the tool described in section 5(b) and the 
        audits conducted under section 5(d)(1); and
            (2) any subnational data collected under subsection (c)(2).
    (b) Updates.--The Administrator shall update the data in the data 
repository described in subsection (a) as frequently as practicable, 
including every year if practicable, but not less frequently than once 
every 3 years.
    (c) Availability; Inclusion of Subnational Data.--The 
Administrator--
            (1) shall make the data repository described in subsection 
        (a) available to regional, State, local, and Tribal 
        governments; and
            (2) may collaborate with the governments described in 
        paragraph (1) to include within that data repository 
        subnational data in existence before the establishment of the 
        tool described in section 5(b) and the completion of the audits 
        under section 5(d)(1).
    (d) Requirement.--The Administrator shall take measures to prevent 
the data in the data repository described in subsection (a) from being 
misused to discriminate against environmental justice communities, such 
as by providing safeguards against the use of downscaled data that may 
enable the identification of individuals.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Administrator to 
carry out this Act, including any necessary administrative costs of the 
Committee--
            (1) $20,000,000 for each of fiscal years 2021 and 2022; and
            (2) $18,000,000 for each of fiscal years 2023 through 2025.

SEC. 8. EFFECT.

    Nothing in any provision of this Act relating to the tool described 
in section 5(b) prohibits a State from developing a map relating to 
environmental justice or pollution burden that relies on different 
data, or analyzes data differently, than that tool.
                                 <all>