,i #aaeth ,,congress #ast ,session ,h4 ,r4 #ceij ,,in ,,the ,,house ,,of ,,representatives ,july #bh1 #bjag,mr4 ,grijalva introduced the following bill2 which was referred to the ,committee on ,energy and ,commerce1 and in addition to the ,committees on the ,judiciary1 and ,natural ,resources1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to restore1 reaffirm1 and reconcile environmental justice and civil rights1 provide for the establishment of the ,interagency ,working ,group on ,environmental ,justice ,compliance and ,enforcement1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,environmental ,justice and ,civil ,rights ,restoration and ,enforcement ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,statement of policy4 ,sec4 #c4 ,definitions4 ,sec4 #d4 ,prohibited discrimination4 ,sec4 #e4 ,right of action4 ,sec4 #f4 ,rights of recovery4 ,sec4 #g4 ,interagency ,working ,group on ,environmental ,justice ,compliance and ,enforcement4 ,sec4 #h4 ,responsibilities of ,federal agencies4 ,sec4 #i4 ,ombudsmen4 ,sec4 #aj4 ,training of employees of ,federal agencies4 ,sec4 #aa4 ,grant programs4 ,sec4 #ab4 ,environmental justice basic training program4 ,sec4 #ac4 ,national ,environmental ,justice ,advisory ,council4 ,sec4 #ad4 ,environmental ,justice ,clearinghouse4 ,sec4 #ae4 ,public meetings4 ,sec4 #af4 ,supplemental environmental projects for environmental justice communities4 ,sec4 #ag4 ,evaluation by ,comptroller ,general of the ,united ,states4 #b4 ,statement of policy ,it is the policy of ,congress that each ,federal agency should-- 7#a7 seek to achieve environmental justice as part of its mission by identifying and addressing1 as appropriate1 disproportionately high and adverse human health or environmental effects of its programs1 policies1 practices1 and activities on communities of color1 low-income communities1 rural communities1 and ,tribal and indigenous communities in each ,state of the ,united ,states2 7#b7 promote meaningful involvement and due process in the development1 implementation1 and enforcement of environmental laws2 7#c7 provide direct guidance and technical assistance to environmental justice communities focused on increasing community understanding of the science1 regulations1 and policy related to ,federal agency action on environmental justice issues2 and 7#d7 cooperate with ,state governments1 ,tribal ,governments1 and local governments to address pollution and public health burdens in environmental justice communities1 and build healthy1 sustainable1 and resilient communities4 #c4 ,definitions ,in this ,act3 7#a7 ,administrator ,the term ,administrator means the ,administrator of the ,environmental ,protection ,agency4 7#b7 ,advisory council ,the term ,advisory ,council means the ,national ,environmental ,justice ,advisory ,council established by the ,president under section #ac4 7#c7 ,aggrieved person ,the term aggrieved person means a person aggrieved by discrimination on the basis of race1 color1 or national origin4 7#d7 ,clearinghouse ,the term ,clearinghouse means the ,environmental ,justice ,clearinghouse established by the ,administrator under section #ad4 7#e7 ,community of color ,the term community of color means a population of individuals who are members of one or more of the following population groups3 7,a7 ,american ,indian or ,alaskan ,native4 7,b7 ,asian or ,pacific ,islander4 7,c7 ,black1 not of ,hispanic origin4 7,d7 ,hispanic4 7#f7 ,covered agency ,the term covered agency means an agency described in section #g7;c74 7#g7 ,demonstrates ,the term demonstrates means meets the burdens of going forward with the evidence and of persuasion4 7#h7 ,director ,the term ,director means the ,director of the ,national ,institute of ,environmental ,health ,sciences4 7#i7 ,disparate impact ,the term disparate impact means an action or practice that1 though appearing neutral1 actually has the effect of subjecting persons to discrimination because of their race1 color1 or national origin4 7#aj7 ,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 color1 low-income communities1 rural communities1 and ,tribal and indigenous communities4 7#aa7 ,environmental justice ,the term environmental justice means the fair treatment and meaningful involvement of all people regardless of race1 color1 culture1 national origin1 or income1 with respect to the development1 implementation1 and enforcement of environmental laws1 regulations1 and policies to ensure that each person enjoys-- 7,a7 the same degree of protection from environmental and health hazards2 and 7,b7 equal access to any ,federal agency action on environmental justice issues in order to have a healthy environment in which to live1 learn1 and work4 7#ab7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 rural communities1 and ,tribal and indigenous communities1 that experiences1 or is at risk of experiencing1 significantly higher and more adverse human health or environmental effects4 7#ac7 ,environmental law ,the term environmental law includes the ,clean ,air ,act 7#db ,u4,s4,c4 #gdja et seq471 the ,federal ,water ,pollution ,control ,act 7#cc ,u4,s4,c4 #abea et seq471 the ,energy ,policy ,act of #bjje1 the ,national ,environmental ,policy ,act of #aifi 7#db ,u4,s4,c4 #dcba et seq471 the ,pollution ,prevention ,act of #aiij 7#db ,u4,s4,c4 #acaja et seq471 the ,safe ,drinking ,water ,act 7#db ,u4,s4,c4 #cjj;f et seq471 and the ,solid ,waste ,disposal ,act 7#db ,u4,s4,c4 #fija et seq474 7#ad7 ,fair treatment ,the term fair treatment means the conduct of a program1 policy1 practice or activity by a ,federal agency in a manner that ensures that no group of individuals 7including racial1 ethnic1 or socioeconomic groups7 experience a disproportionate burden of high and adverse human health or environmental effects resulting from such program1 policy1 practice1 or activity4 7#ae7 ,indian ,tribe ,the term ,indian ,tribe has the meaning given the term ,indian tribe in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #ecjd74 7#af7 ,local government ,the term local government means-- 7,a7 a county1 municipality1 city1 town1 township1 local public authority1 school district1 special district1 intrastate district1 council of governments 7regardless of whether the council of governments is incorporated as a nonprofit corporation under ,state law71 regional or interstate governmental entity1 or agency or instrumentality of a local government2 7,b7 an ,indian ,tribe or authorized ,tribal organization1 or ,alaska ,native village or organization1 that is not a ,tribal ,government2 or 7,c7 a rural community4 7#ag7 ,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 #aej percent of the poverty level amount4 7#ah7 ,rural community ,the term rural community means a population of individuals not included within an urban area 7as defined by the ,census ,bureau74 7#ai7 ,state ,the term ,state means any ,state of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 7#bj7 ,tribal and indigenous community ,the term ,tribal and indigenous community refers to a population of people who are members of a federally recognized ,indian ,tribe1 including those living on a different reservation or living outside ,indian country1 ,state-recognized ,indian ,tribes1 ,alaska ,natives1 ,native ,hawaiians1 ,native ,pacific ,islanders1 and ,native ,americans4 7#ba7 ,tribal government ,the term ,tribal ,government means the governing body of any ,indian ,tribe1 ,alaska ,native ,tribe1 band1 nation1 pueblo1 village1 or community that the ,secretary of the ,interior acknowledges to exist as an ,indian ,tribe under the ,federally ,recognized ,indian ,tribe ,list ,act of #aiid4 7#bb7 ,working group ,the term ,working ,group means the ,interagency ,working ,group on ,environmental ,justice ,compliance and ,enforcement established by the ,president under section #g4 #d4 ,prohibited discrimination ,section #fja of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d7 is amended-- 7#a7 by striking ,no and inserting 7a7 ,no2 and 7#b7 by adding at the end the following3 7b7 7#a7 7,a7 ,discrimination 7including exclusion from participation and denial of benefits7 based on disparate impact is established under this title only if-- 7i7 a person aggrieved demonstrates that a covered agency has a program1 policy1 practice1 or activity that causes a disparate impact on the basis of race1 color1 or national origin and the covered agency fails to demonstrate that the challenged program1 policy1 practice1 or activity is related to and necessary to achieve the nondiscriminatory goal of the program1 policy1 practice1 or activity alleged to have been operated in a discriminatory manner2 or 7ii7 the aggrieved person demonstrates 7consistent with the demonstration required under title ,,vii with respect to an alternative employment practice7 that a less discriminatory alternative program1 policy1 practice1 or activity exists1 and the covered agency refuses to adopt such alternative program1 policy1 practice1 or activity4 7,b7 7i7 ,with respect to demonstrating that a particular program1 policy1 practice1 or activity causes a disparate impact1 the aggrieved personal shall demonstrate that each particular challenged program1 policy1 practice1 or activity causes a disparate impact1 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 analysis1 the decision-making process may be analyzed as #a program1 policy1 practice1 or activity4 7ii7 ,if the covered agency demonstrates that a specific program1 policy1 practice1 or activity does not cause the disparate impact1 the covered agency shall not be required to demonstrate that such program1 policy1 practice1 or activity is necessary to achieve the goals of its program1 policy1 practice1 or activity4 7#b7 ,a demonstration that a program1 policy1 practice1 or activity is necessary to achieve the goals of a program1 policy1 practice1 or activity may not be used as a defense against a claim of intentional discrimination under this title4 7c7 ,no person in the ,united ,states shall be subjected to discrimination1 including relation1 because such person opposed any program1 policy1 practice1 or activity prohibited by this title1 or because such person made a charge1 testified1 assisted1 or participated in any manner in an investigation1 proceeding1 or hearing under this title4 4 #e4 ,right of action ,section #fjb of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d-#a7 is amended-- 7#a7 by inserting 7a7 before ,each ,federal department and agency which is empowered2 and 7#b7 by adding at the end the following3 7b7 ,any person aggrieved by the failure of a covered agency to comply with this title1 including any regulation promulgated pursuant to this title1 may file suit in any district court of the ,united ,states having jurisdiction of the parties1 without respect to the amount in controversy and without regard to the citizenship of the parties4 4 #f4 ,rights of recovery ,title ,,vi of the ,civil ,rights ,act of #aifd 7#db ,u4,s4,c4 #bjjj;d et seq47 is amended by inserting after section #fjb the following3 #fjb;,a4 ,actions brought by aggrieved persons 7a7 ,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 7not a practice that is unlawful because of its disparate impact7 prohibited under this title 7including its implementing regulations71 the aggrieved person may recover equitable and legal relief 7including compensatory and punitive damages71 attorney's fees 7including expert fees71 and costs of the action1 except that punitive damages are not available against a government1 government agency1 or political subdivision4 7b7 ,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 7including implementing regulations71 the aggrieved person may recover attorney's fees 7including expert fees71 and costs of the action4 4 #g4 ,interagency ,working ,group on ,environmental ,justice ,compliance and ,enforcement 7a7 ,establishment ,not later than #cj days after the date of enactment of this ,act1 the ,president shall establish a working group to be known as the ,interagency ,working ,group on ,environmental ,justice ,compliance and ,enforcement4 7b7 ,purposes ,the purposes of the ,working ,group are-- 7#a7 to advise and assist ,federal agencies in identifying and addressing1 as appropriate1 the disproportionate human health and environmental effects of ,federal programs1 policies1 practices1 and activities on communities of color1 low-income communities1 rural communities1 and ,tribal and indigenous communities2 7#b7 to promote meaningful involvement and due process in the development1 implementation1 and enforcement of environmental laws2 7#c7 to provide direct guidance and technical assistance to environmental justice communities focused on increasing community understanding of the science1 regulations1 and policy related to ,federal agency actions on environmental justice issues2 and 7#d7 to cooperate with ,state governments1 ,tribal ,governments1 and local governments to address pollution and public health burdens in environmental justice communities1 and build healthy1 sustainable1 and resilient communities4 7c7 ,composition ,the ,working ,group shall be composed of a representative from each of the following3 7#a7 ,the ,department of ,agriculture4 7#b7 ,the ,department of ,commerce4 7#c7 ,the ,department of ,defense4 7#d7 ,the ,department of ,energy4 7#e7 ,the ,department of ,health and ,human ,services4 7#f7 ,the ,department of ,housing and ,urban ,development4 7#g7 ,the ,department of the ,interior4 7#h7 ,the ,department of ,justice4 7#i7 ,the ,department of ,labor4 7#aj7 ,the ,department of ,transportation4 7#aa7 ,the ,environmental ,protection ,agency4 7#ab7 ,the ,office of ,management and ,budget4 7#ac7 ,the ,office of ,science and ,technology ,policy4 7#ad7 ,the ,office of the ,deputy ,assistant to the ,president for ,environmental ,policy4 7#ae7 ,the ,office of the ,assistant to the ,president for ,domestic ,policy4 7#af7 ,the ,national ,economic ,council4 7#ag7 ,the ,council on ,environmental ,quality4 7#ah7 ,the ,council of ,economic ,advisers4 7#ai7 ,any other agency that the ,president may designate4 7d7 ,governance ,the ,president1 or designee1 shall serve as ,chairperson of the ,working ,group4 7e7 ,report to president ,the ,working ,group shall report to the ,president through-- 7#a7 the ,council on ,environmental ,equity2 7#b7 the ,deputy ,assistant to the ,president for ,environmental ,policy2 or 7#c7 the ,assistant to the ,president for ,domestic ,policy4 7f7 ,uniform consideration guidance 7#a7 ,in general ,to ensure that there is a common level of understanding of terminology used in dealing with environmental justice issues1 not later than #a year after the date of enactment of this ,act1 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 communities3 7,a7 ,health disparities4 7,b7 ,environmental exposure disparities4 7,c7 ,intrinsic biological factors1 including age1 sex1 and race or ethnicity4 7,d7 ,social stressors1 including poverty1 housing quality1 access to health care1 education1 and lack of community resources4 7,e7 ,cumulative impacts or risks4 7,f7 ,additional elements in the community that indicate vulnerability or susceptibility to high and adverse human health and environmental effects 7including climate change74 7,g7 ,capacity of communities to address environmental concerns4 7#b7 ,public comment ,for a period of not less than #cj days1 the ,working ,group shall seek public comment on the guidance document developed under paragraph 7#a74 7#c7 ,documentation ,not later than #ij days after the date of publication of the guidance document under paragraph 7#a71 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 agency4 7g7 ,development of interagency ,federal environmental justice strategy 7#a7 ,in general ,not later than #c years after the date of enactment of this ,act1 after notice and opportunity for public comment1 the ,working ,group shall develop and promulgate a coordinated interagency ,federal environmental justice strategy4 7#b7 ,consideration ,in carrying out paragraph 7#a71 the ,working ,group shall consider each environmental justice strategy developed and finalized by each ,federal agency that participates in the ,working ,group under section #h7;b74 7h7 ,report to president 7#a7 ,in general ,not later than #ahj days after the date described in subsection 7g77#a71 the ,working ,group shall1 through the ,chairperson of the ,council on ,environmental ,quality1 the ,deputy ,assistant to the ,president for ,environmental ,policy1 or the ,assistant to the ,president for ,domestic ,policy1 submit to the ,president a report that contains-- 7,a7 a description of the implementation of the interagency ,federal environmental justice strategy2 and 7,b7 a copy of the finalized environmental justice strategy of each ,federal agency that participates in the ,working ,group4 7#b7 ,public availability ,the head of each ,federal agency that participates in the ,working ,group shall make the report described in paragraph 7#a7 available to the public 7including by posting a copy of the report on the website of each ,federal agency74 #h4 ,responsibilities of ,federal agencies 7a7 ,conduct of programs ,each ,federal agency that participates in the ,working ,group shall conduct each program1 policy1 practice1 and activity of the ,federal agency that adversely affects1 or has the potential to adversely affect1 human health or the environment in a manner that ensures that each such program1 policy1 practice1 or activity does not have an effect of excluding any individual from participating in1 denying any individual the benefits of1 or subjecting any individual to discrimination or disparate impact under1 such program1 policy1 practice1 or activity of the ,federal agency because of the race1 color1 national origin1 or income level of the individual4 7b7 ,federal agency environmental justice strategies 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and after notice and opportunity for public comment1 each ,federal agency that participates in the ,working ,group shall develop and finalize an agencywide environmental justice strategy that-- 7,a7 identifies and addresses any disproportionately high or adverse human health or environmental effects of its programs1 policies1 practices1 and activities on-- 7i7 communities of color2 7ii7 low-income communities2 7iii7 rural communities2 and 7iv7 ,tribal and indigenous communities2 and 7,b7 complies with each requirement described in paragraph 7#b74 7#b7 ,contents ,each environmental justice strategy developed by a ,federal agency under paragraph 7#a7 shall contain-- 7,a7 an assessment that identifies each program1 policy1 practice1 activity 7including any public participation process7 of the ,federal agency1 relating to human health or the environment that the ,federal agency determines should be revised-- 7i7 to ensure that all persons have the same degree of protection from environmental and health hazards2 7ii7 to ensure meaningful involvement and due process in the development1 implementation1 and enforcement of environmental laws2 7iii7 to improve direct guidance and technical assistance to environmental justice communities with respect to the understanding of the science1 regulations1 and policy related to ,federal agency action on environmental justice issues2 7iv7 to improve cooperation with ,state governments1 ,tribal ,governments1 and local governments to address pollution and public health burdens in environmental justice communities1 and build healthy1 sustainable1 and resilient communities2 7v7 to improve ,federal research and data collection efforts related to-- 7,i7 the health of and environment of communities of color1 low-income communities1 rural communities1 and ,tribal and indigenous communities2 7,,ii7 climate change2 and 7,,iii7 the inequitable distribution of burdens and benefits of the management and use of natural resources1 including water1 minerals1 or land2 and 7vi7 to reduce or eliminate disproportionately high and adverse human health or environmental effects on communities of color1 low income communities1 rural communities1 and ,tribal and indigenous communities2 and 7,b7 a timetable for the completion of-- 7i7 each revision identified under subparagraph 7,a72 and 7ii7 an assessment of the economic and social implications of each revision identified under subparagraph 7,a74 7#c7 ,reports 7,a7 ,annual reports ,not later than #b years after the finalization of an environmental justice strategy under this subsection1 and annually thereafter1 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 agency4 7,b7 ,periodic reports ,in addition to the annual reports described in subparagraph 7,a71 upon receipt of a request from the ,working ,group1 a ,federal agency shall submit to the ,working ,group a report that contains such information as the ,working ,group may require4 7#d7 ,revision of agencywide environmental justice strategy ,not later than #e years after the date of enactment of this ,act1 each ,federal agency that participates in the ,working ,group shall-- 7,a7 evaluate and revise the environmental justice strategy of the ,federal agency2 and 7,b7 submit to the ,working ,group a copy of the revised version of the environmental justice strategy of the ,federal agency4 7#e7 ,petition 7,a7 ,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 agency4 7,b7 ,availability to public ,each petition submitted by a ,federal agency to the ,president under subparagraph 7,a7 shall be made available to the public 7including through a description of the petition on the website of the ,federal agency74 7,c7 ,consideration ,in determining whether to grant a petition for an exemption submitted by a ,federal agency to the ,president under subparagraph 7,a71 the ,president shall consider whether the granting of the petition would likely-- 7i7 result in disproportionately high and adverse human health or environmental effects on communities of color1 low-income communities1 rural communities1 and ,tribal and indigenous communities2 and 7ii7 exacerbate any disproportionately high and adverse human health or environmental effect on any community of color1 low-income community1 rural community1 or ,tribal and indigenous community4 7,d7 ,appeal 7i7 ,in general ,not later than #ij days after the date on which the ,president approves a petition under this paragraph1 an individual may appeal the decision of the ,president to approve the petition4 7ii7 ,written appeal 7,i7 ,in general ,to appeal a decision of the ,president under subparagraph 7,a71 an individual shall submit a written appeal to-- 7aa7 the ,council on ,environmental ,quality2 7bb7 the ,deputy ,assistant to the ,president for ,environmental ,policy2 or 7cc7 the ,assistant to the ,president for ,domestic ,policy4 7,,ii7 ,contents ,a written appeal shall contain a description of each reason why the exemption that is the subject of the petition is unnecessary4 7iii7 ,requirement of president ,not later than #ij days after the date on which an official described in clause 7ii77,i7 receives a written appeal submitted by an individual under that clause1 the ,president shall provide to the individual a written notification describing the decision of the ,president with respect to the appeal4 #i4 ,ombudsmen 7a7 ,establishment ,the ,administrator shall establish within the ,environmental ,protection ,agency a position of ,environmental ,justice ,ombudsman to receive1 review1 and process complaints and allegations with respect to environmental justice programs and activities of the ,environmental ,protection ,agency4 7b7 ,reporting ,the ,environmental ,justice ,ombudsman shall-- 7#a7 report directly to the ,administrator2 and 7#b7 not be required to report to the ,office of ,environmental ,justice4 7c7 ,regional staff 7#a7 ,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 7a74 7#b7 ,full-time position ,each individual hired by the ,environmental ,justice ,ombudsman under paragraph 7#a7 shall be hired as a full-time employee of the ,environmental ,protection ,agency4 #aj4 ,training of employees of ,federal agencies 7a7 ,initial period of training ,not later than #a year after the date of enactment of this ,act1 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-- 7#a7 has received training in environmental justice2 and 7#b7 is capable of-- 7,a7 appropriately incorporating environmental justice concepts into the daily activities of the employee2 and 7,b7 increasing the meaningful participation of individuals from environmental justice communities in the activities of the ,environmental ,protection ,agency4 7b7 ,mandatory participation ,effective on the date that is #a year after the date of enactment of this ,act1 each individual hired by the ,environmental ,protection ,agency after that date shall be required to participate in environmental justice training4 7c7 ,requirement relating to certain employees 7#a7 ,in general ,with respect to each ,federal agency that participates in the ,working ,group1 not later than #cj days after the date on which an individual is appointed to the position of environmental justice coordinator1 environmental justice ombudsman1 or any other position the responsibility of which involves the conduct of environmental justice activities1 the individual shall be required to possess documentation of the completion by the individual of environmental justice training4 7#b7 ,effect ,if an individual described in paragraph 7#a7 fails to meet the requirement described in that paragraph1 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 training4 7#c7 ,evaluation ,not later than #c years after the date of enactment of this ,act1 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 training4 #aa4 ,grant programs 7a7 ,environmental justice community grant program 7#a7 ,establishment ,the ,administrator shall establish a program under which the ,administrator shall provide grants to eligible entities to assist the eligible entities in-- 7,a7 building capacity to address issues relating to environmental justice2 and 7,b7 carrying out any activity described in paragraph 7#d74 7#b7 ,eligibility ,to be eligible to receive a grant under paragraph 7#a71 an eligible entity shall be a nonprofit1 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 7#c74 7#c7 ,application ,to be eligible to receive a grant under paragraph 7#a71 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7,a7 an outline describing the means by which the project proposed by the eligible entity will-- 7i7 with respect to environmental and public health issues at the local level1 increase the understanding of the environmental justice community at which the eligible entity will conduct the project2 7ii7 improve the ability of the environmental justice community to address each issue described in clause 7i72 and 7iii7 facilitate collaboration and cooperation among various stakeholders 7including members of the environmental justice community72 7,b7 a proposed budget for each activity of the project that is the subject of the application2 7,c7 a list of proposed outcomes with respect to the proposed project2 7,d7 a description of the ways by which the eligible entity may leverage the funds of the eligible entity1 or the funds made available through a grant under this subsection1 to develop a project that is capable of being sustained beyond the period of the grant2 and 7,e7 a description of the ways by which the eligible entity is linked to1 and representative of1 the environmental justice community at which the eligible entity will conduct the project4 7#d7 ,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 community1 including activities-- 7,a7 to create or develop collaborative partnerships2 7,b7 to educate and provide outreach services to the environmental justice community2 7,c7 to identify1 and implement projects to address1 environmental1 or public health concerns2 or 7,d7 to develop a comprehensive understanding of environmental or public health issues4 7#e7 ,report 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 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 justice4 7,b7 ,public availability ,the ,administrator shall make the report required under subparagraph 7,a7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7#f7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #bj1jjj1jjj for each of fiscal years #bjah through #bjbb4 7b7 ,state grant program 7#a7 ,establishment ,the ,administrator shall establish a program under which the ,administrator shall provide grants to ,states to enable the ,states-- 7,a7 to establish culturally and linguistically appropriate protocols1 activities1 and mechanisms for addressing issues relating to environmental justice2 and 7,b7 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 ,state4 7#b7 ,eligibility 7,a7 ,application ,to be eligible to receive a grant under paragraph 7#a71 a ,state shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7i7 a plan that contains a description of the means by which the funds provided through a grant under paragraph 7#a7 will be used to address issues relating to environmental justice at the ,state level2 and 7ii7 assurances that the funds provided through a grant under paragraph 7#a7 will be used only to supplement the amount of funds that the ,state allocates for initiatives relating to environmental justice4 7,b7 ,ability to continue program ,to be eligible to receive a grant under paragraph 7#a71 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 7#a7 after receipt of the funds4 7#c7 ,report 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 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-- 7i7 the implementation of the grant program established under paragraph 7#a72 7ii7 the impact of the grant program on improving the ability of each participating ,state to address environmental justice issues2 and 7iii7 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 ,state4 7,b7 ,public availability ,the ,administrator shall make the report required under subparagraph 7,a7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj for each of fiscal years #bjah through #bjbb4 7c7 ,tribal grant program 7#a7 ,establishment ,the ,administrator shall establish a program under which the ,administrator shall provide grants to ,tribal ,governments to enable the ,indian ,tribes-- 7,a7 to establish culturally and linguistically appropriate protocols1 activities1 and mechanisms for addressing issues relating to environmental justice2 and 7,b7 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 communities4 7#b7 ,eligibility 7,a7 ,application ,to be eligible to receive a grant under paragraph 7#a71 a ,tribal ,government shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7i7 a plan that contains a description of the means by which the funds provided through a grant under paragraph 7#a7 will be used to address issues relating to environmental justice in ,tribal and indigenous communities2 and 7ii7 assurances that the funds provided through a grant under paragraph 7#a7 will be used only to supplement the amount of funds that the ,tribal ,government allocates for initiatives relating to environmental justice4 7,b7 ,ability to continue program ,to be eligible to receive a grant under paragraph 7#a71 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 7#a7 after receipt of the funds4 7#c7 ,report 7,a7 ,in general ,not later than #a year after the date of enactment of this ,act1 and annually thereafter1 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-- 7i7 the implementation of the grant program established under paragraph 7#a72 7ii7 the impact of the grant program on improving the ability of each participating ,indian ,tribe to address environmental justice issues2 and 7iii7 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 communities4 7,b7 ,public availability ,the ,administrator shall make the report required under subparagraph 7,a7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj for each of fiscal years #bjah through #bjbb4 7d7 ,community-,based participatory research grant program 7#a7 ,establishment ,the ,administrator1 in consultation with the ,director1 shall establish a program under which the ,administrator shall provide not more than #be multiyear grants to eligible entities to carry out community-based participatory research-- 7,a7 to address issues relating to environmental justice2 7,b7 to improve the environment of residents of environmental justice communities2 and 7,c7 to improve the health outcomes of residents of environmental justice communities4 7#b7 ,eligibility ,to be eligible to receive a multiyear grant under paragraph 7#a71 an eligible entity shall be a partnership comprised of-- 7,a7 an accredited institution of higher education2 and 7,b7 a community-based organization4 7#c7 ,application ,to be eligible to receive a multiyear grant under paragraph 7#a71 an eligible entity shall submit to the ,administrator an application at such time1 in such manner1 and containing such information as the ,administrator may require1 including-- 7,a7 a detailed description of the partnership of the eligible entity that1 as determined by the ,administrator1 demonstrates the participation of members of the community at which the eligible entity proposes to conduct the research2 and 7,b7 a description of-- 7i7 the project proposed by the eligible entity2 and 7ii7 the ways by which the project will-- 7,i7 address issues relating to environmental justice2 7,,ii7 assist in the improvement of health outcomes of residents of environmental justice communities2 and 7,,iii7 assist in the improvement of the environment of residents of environmental justice communities4 7#d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this subsection #aj1jjj1jjj for each of fiscal years #bjah through #bjbb4 #ab4 ,environmental justice basic training program 7a7 ,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-- 7#a7 training relating to-- 7,a7 basic and advanced techniques for the detection1 assessment1 and evaluation of the effects of hazardous substances on human health2 7,b7 methods to assess the risks to human health presented by hazardous substances2 7,c7 methods and technologies to detect hazardous substances in the environment2 and 7,d7 basic biological1 chemical1 and physical methods to reduce the quantity and toxicity of hazardous substances2 and 7#b7 short courses and continuation education programs for residents of communities who are located in close proximity to hazardous substances to provide-- 7,a7 education relating to-- 7i7 the proper manner to handle hazardous substances2 7ii7 the management of facilities at which hazardous substances are located 7including facility compliance protocols72 and 7iii7 the evaluation of the hazards that facilities described in clause 7ii7 pose to human health2 and 7,b7 training on environmental and occupational health and safety with respect to the public health and engineering aspects of hazardous waste control4 7b7 ,grant program 7#a7 ,establishment ,in carrying out the training program1 the ,administrator may provide grants to1 or enter into any contract or cooperative agreement with1 an eligible entity to carry out any training or educational activity described in subsection 7a74 7#b7 ,eligible entity ,to be eligible to receive assistance under paragraph 7#a71 an eligible entity shall be an accredited institution of education in partnership with-- 7,a7 a community-based organization that carries out activities relating to environmental justice2 7,b7 a generator of hazardous waste2 7,c7 any individual who is involved in the detection1 assessment1 evaluation1 or treatment of environmental waste2 7,d7 any owner or operator of a facility at which hazardous substances are located2 or 7,e7 any ,state government1 ,tribal ,government1 or local government4 7c7 ,plan 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 the ,administrator1 in consultation with the ,director1 shall develop and publish in the ,federal ,register a plan to carry out the basic training program described in subsection 7a74 7#b7 ,contents ,the plan described in paragraph 7#a7 shall contain-- 7,a7 a list that describes the relative priority of each activity described in subsection 7a72 and 7,b7 a description of research and training relevant to environmental justice issues of communities adversely affected by pollution4 7#c7 ,coordination with federal agencies ,the ,administrator shall1 to the maximum extent practicable1 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 effort4 7d7 ,report 7#a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and every #b years thereafter1 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-- 7,a7 the implementation of the training program established under subsection 7a72 and 7,b7 the impact of the training program on improving training opportunities for residents of environmental justice communities4 7#b7 ,public availability ,the ,administrator shall make the report required under paragraph 7#a7 available to the public 7including by posting a copy of the report on the website of the ,environmental ,protection ,agency74 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #aj1jjj1jjj for each of fiscal years #bjah through #bjbb4 #ac4 ,national ,environmental ,justice ,advisory ,council 7a7 ,establishment ,the ,president shall establish an advisory council to be known as the ,national ,environmental ,justice ,advisory ,council4 7b7 ,membership ,the ,advisory ,council shall be comprised of #bf members who have knowledge of1 or experience relating to1 the effect of environmental conditions on communities of color1 low-income communities1 rural communities1 and ,tribal and indigenous communities1 including-- 7#a7 representatives of-- 7,a7 community-based organizations that carry out initiatives relating to environmental justice2 7,b7 ,state governments1 ,tribal ,governments1 and local governments2 7,c7 ,indian ,tribes and other indigenous groups2 7,d7 nongovernmental and environmental organizations2 and 7,e7 private sector organizations 7including representatives of industries and businesses72 and 7#b7 experts in the fields of-- 7,a7 socioeconomic analysis2 7,b7 health and environmental effects2 7,c7 exposure evaluation2 7,d7 environmental and civil rights law2 and 7,e7 environmental health science research4 7c7 ,subcommittees2 workgroups 7#a7 ,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 7d74 7#b7 ,report ,upon the request of the ,advisory ,council1 each subcommittee or workgroup established by the ,advisory ,council under paragraph 7#a7 shall submit to the ,advisory ,council a report that contains-- 7,a7 a description of each recommendation of the subcommittee or workgroup2 and 7,b7 any advice requested by the ,advisory ,council with respect to any duty of the ,advisory ,council4 7d7 ,duties ,the ,advisory ,council shall provide independent advice and recommendations to the ,environmental ,protection ,agency with respect to issues relating to environmental justice1 including advice-- 7#a7 to help develop1 facilitate1 and conduct reviews of the direction1 criteria1 scope1 and adequacy of the scientific research and demonstration projects of the ,environmental ,protection ,agency relating to environmental justice2 7#b7 to improve the participation1 cooperation1 and communication with respect to such issues-- 7,a7 within the ,environmental ,protection ,agency2 7,b7 between the ,environmental ,protection ,agency and other entities2 and 7,c7 between1 and among1 the ,environmental ,protection ,agency and ,federal agencies1 ,state1 and local governments1 ,indian ,tribes1 environmental justice leaders1 interest groups1 and the public2 7#c7 requested by the ,administrator to help improve the response of the ,environmental ,protection ,agency in securing environmental justice for communities of color1 low-income communities1 rural communities1 and ,tribal and indigenous communities2 and 7#d7 on issues relating to-- 7,a7 the developmental framework of the ,environmental ,protection ,agency with respect to the integration by the ,environmental ,protection ,agency of socioeconomic programs into the strategic planning1 annual planning1 and management accountability of the ,environmental ,protection ,agency to achieve environmental justice results throughout the ,environmental ,protection ,agency2 7,b7 the measurement and evaluation of the progress1 quality1 and adequacy of the ,environmental ,protection ,agency in planning1 developing1 and implementing environmental justice strategies1 projects1 and programs2 7,c7 any existing and future information management systems1 technologies1 and data collection activities of the ,environmental ,protection ,agency 7including recommendations to conduct analyses that support and strengthen environmental justice programs in administrative and scientific areas72 7,d7 the administration by the ,administrator of grant programs relating to environmental justice assistance2 and 7,e7 the awareness of1 and education training1 and other outreach activities conducted by1 the ,environmental ,protection ,agency relating to environmental justice4 7e7 ,meetings 7#a7 ,frequency 7,a7 ,in general ,subject to subparagraph 7,b71 the ,advisory ,council shall meet biannually4 7,b7 ,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 necessary4 7#b7 ,public participation 7,a7 ,in general ,subject to subparagraph 7,b71 each meeting of the ,advisory ,council shall be open to the public to provide the public an opportunity-- 7i7 to submit comments to the ,advisory ,council2 and 7ii7 to appear before the ,advisory ,council4 7,b7 ,authority of ,administrator ,the ,administrator may close any meeting1 or portion of any meeting1 to the public4 7f7 ,,faca ,the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app47 shall apply to the ,advisory ,council4 7g7 ,travel expenses ,the ,administrator may provide to any member of the ,advisory ,council travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,advisory ,council4 #ad4 ,environmental ,justice ,clearinghouse 7a7 ,establishment ,not later than #a year after the date of enactment of this ,act1 the ,administrator shall establish an internet-based clearinghouse to be known as the ,environmental ,justice ,clearinghouse4 7b7 ,contents ,the ,clearinghouse shall be comprised of culturally and linguistically appropriate materials1 including-- 7#a7 information describing the activities conducted by the ,environmental ,protection ,agency to address issues relating to environmental justice2 7#b7 copies of training materials provided by the ,administrator to help individuals and employees understand and carry out environmental justice activities2 7#c7 links to web pages that describe environmental justice activities of other ,federal agencies2 7#d7 a directory of individuals who possess technical expertise in issues relating to environmental justice2 7#e7 a directory of nonprofit and community-based organizations that address issues relating to environmental justice at the local1 ,state1 and ,federal levels 7with particular emphasis given to nonprofit and community-based organizations that possess the capability to provide advice or technical assistance to environmental justice communities72 and 7#f7 any other appropriate information as determined by the ,administrator4 7c7 ,consultation ,in developing the ,clearinghouse1 the ,administrator shall consult with individuals representing academic and community-based organizations who have expertise in issues relating to environmental justice4 7d7 ,annual review ,the ,advisory ,council shall-- 7#a7 conduct a review of the ,clearinghouse on an annual basis2 and 7#b7 recommend to the ,administrator any updates for the ,clearinghouse that the ,advisory ,council determines to be necessary for the effective operation of the ,clearinghouse4 #ae4 ,public meetings 7a7 ,in general ,not later than #b years after the date of enactment of this ,act1 and biennially thereafter1 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 ,agency4 7b7 ,required attendance of certain employees ,in holding a public meeting under subsection 7a71 the ,administrator shall ensure that at least #a 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 ,agency4 #af4 ,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-- 7#a7 are developed through consultation with1 and with the meaningful participation of1 individuals from the affected environmental justice community2 and 7#b7 result in a quantifiable improvement to the health or well-being of individuals in the affected environmental justice community4 #ag4 ,evaluation by ,comptroller ,general of the ,united ,states ,not later than #b years after the date of enactment of this ,act1 and biennially thereafter1 the ,comptroller ,general of the ,united ,states shall submit to the ,committees on ,energy and ,commerce and ,natural ,resources of the ,house of ,representatives1 and the ,committees on ,environment and ,public ,works and ,energy and ,natural ,resources of the ,senate1 a report that contains an evaluation of the effectiveness of each activity carried out in accordance with this ,act1 including1 for the period covered by the report1 an evaluation of-- 7#a7 the ways by which the ,working ,group has developed and implemented the interagency ,federal environmental justice strategy2 7#b7 the ways by which each ,federal agency that participates in the ,working ,group has developed and implemented its environmental justice strategy2 7#c7 the effectiveness of each grant program carried out under this ,act2 and 7#d7 the effectiveness of the ,environmental ,protection ,agency in carrying out the meeting and reporting requirements under this ,act4