,,ii #aaith ,,congress #ast ,session ,s4 #gbj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,february #be1 #bjbe,mr4 ,padilla 7for himself1 ,mr4 ,markey1 ,mr4 ,blumenthal1 ,mr4 ,booker1 ,mr4 ,merkley1 ,mr4 ,van ,hollen1 ,ms4 ,duckworth1 ,mr4 ,wyden1 ,mr4 ,schiff1 ,mr4 ,sanders1 and ,mr4 ,whitehouse7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to establish an ,office of ,environmental ,justice within the ,department of ,justice1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,empowering and ,enforcing ,environmental ,justice ,act of #bjbe4 #b4 ,office of ,environmental ,justice 7a7 ,in general ,chapter #ca of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #ecj;,e4 ,environmental ,justice 7a7 ,definitions ,in this section3 7#a7 ,council ,the term ,council means the ,senior ,advisory ,council established under subsection 7c74 7#b7 ,department ,the term ,department means the ,department of ,justice4 7#c7 ,environmental justice ,the term environmental justice means the just treatment and meaningful involvement of all people1 regardless of income1 race1 color1 national origin1 ,tribal affiliation1 or disability in agency decision-making and other ,federal activities that affect human health and the environment so that individuals-- 7,a7 are fully protected from disproportionate and adverse human health and environmental effects 7including risks7 and hazards1 including those related to climate change1 the cumulative impacts of environmental and other burdens1 and the legacy of racism or other structural or systemic barriers2 and 7,b7 have equitable access to a healthy1 sustainable1 and resilient environment in which to live1 play1 work1 learn1 grow1 worship1 and engage in cultural and subsistence practices4 7#d7 ,environmental justice matter ,the term environmental justice matter includes any civil or criminal matter in which the conduct or action at issue may involve a disproportionate and adverse environmental or human health effect on-- 7,a7 an identifiable low-income1 ,tribal1 or ,indigenous population or community in the ,united ,states2 or 7,b7 a community in the ,united ,states with environmental justice concerns4 7#e7 ,indigenous population or community ,the term ,indigenous population or community includes populations or communities of ,american ,indians1 ,alaska ,natives1 and ,native ,hawaiians4 7#f7 ,low-income community ,the term low-income community means any census block group in which #cj percent or more of the population are individuals with an annual household income equal to1 or less than1 the greater of-- 7,a7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#g7 ,office ,the term ,office means the ,office of ,environmental ,justice established under subsection 7b77#a74 7#h7 ,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 7b7 ,office of ,environmental ,justice 7#a7 ,establishment ,there is established the ,office of ,environmental ,justice within the ,environment and ,natural ,resources ,division of the ,department4 7#b7 ,personnel and funding ,the ,attorney ,general shall provide to the ,office such personnel and funds as are necessary to establish the ,office under paragraph 7#a7 and to carry out the duties of the ,office under paragraph 7#d74 7#c7 ,leadership ,the ,office shall be headed by a ,director1 who shall be appointed by the ,attorney ,general4 7#d7 ,duties ,the ,director shall3 7,a7 ,develop1 and update every #e years thereafter1 the environmental justice strategy for the ,department relating to ,federal actions to address environmental justice4 7,b7 ,coordinate environmental justice matters that arise at the ,department and ,united ,states ,attorneys' offices1 including building outreach and engagement capacity and competency among the ,department's personnel4 7,c7 ,administer the grant program established under section #c of the ,empowering and ,enforcing ,environmental ,justice ,act of #bjbe4 7,d7 ,promote and protect the right of the public to participate meaningfully in the decision-making process on environmental justice matters and design communications efforts with the goal of maximizing community understanding of how to participate in environmental justice matters1 including how to file administrative complaints with ,federal agencies4 7,e7 ,counsel and assist ,state1 local1 and ,tribal governments on how to coordinate their actions with the ,federal ,government with respect to environmental justice matters and counsel and assist ,state1 local1 and ,tribal governments and ,indigenous populations or communities in providing equal environmental protection for all individuals4 7,f7 ,provide support for ,state and local environmental enforcement training in communities with environmental justice concerns4 7,g7 ,work with the ,community ,relations ,service to facilitate a working relationship between parties involved in environmental justice matters1 including regulated industry1 ,state1 local1 and ,tribal decision-makers1 nonprofits1 low-income communities1 and ,indigenous populations or communities4 7,h7 ,organize1 at minimum1 bimonthly calls or meetings with environmental justice organizations and communities with environmental justice concerns4 7,i7 ,manage the ,council4 7,j7 ,make recommendations to ,federal agencies on community participation in the development of administrative settlement agreements relating to environmental justice matters4 7,k7 ,develop-- 7i7 instructional videos and other materials for ,department personnel to provide an overview of the scope of environmental justice matters and procedures for identifying and reporting such matters2 7ii7 education programs for environmental attorneys about criminal1 civil1 and civil rights laws2 7iii7 education programs for civil1 criminal1 and civil rights attorneys about environmental laws for the purpose of identifying and effectively addressing environmental justice matters2 7iv7 an email address that ,department attorneys and other ,department personnel may contact that enables ,department attorneys and other ,department personnel to seek information and guidance on environmental justice matters2 7v7 joint education and training activities1 where appropriate1 with ,federal agencies and ,state1 local1 and ,tribal legal offices2 7vi7 a continuing legal education course on environmental justice matters1 developed in coordination with the ,office of ,legal ,education and the ,environmental ,protection ,agency2 and 7vii7 training programs with respect to environmental justice for individuals participating in the ,attorney ,general's ,honors ,program4 7,l7 ,coordinate with all relevant components within the ,department to develop and maintain an appropriate system for tracking and assessing cases that raise environmental justice matters4 7c7 ,senior ,advisory ,council 7#a7 ,establishment ,there is established a ,senior ,advisory ,council to advise the ,assistant ,attorney ,general of the ,environment and ,natural ,resources ,division on matters of environmental justice and recommend policy and initiatives with respect to environmental justice matters4 7#b7 ,co-chair ,the ,co-chairs of the ,council shall be the ,assistant ,attorney ,general of the ,environment and ,natural ,resources ,division and the ,director of the ,office4 7#c7 ,members ,the ,council shall be composed of3 7,a7 ,the ,assistant ,attorney ,general of the ,environment and ,natural ,resources ,division4 7,b7 ,the ,director of the ,office4 7,c7 ,one representative of the ,office of the ,deputy ,attorney ,general4 7,d7 ,one representative of the ,office of the ,associate ,attorney ,general4 7,e7 ,one representative from the ,environmental ,enforcement ,section of the ,environmental and ,natural ,resources ,division4 7,f7 ,one representative from the ,environmental ,defense ,section of the ,environment and ,natural ,resources ,division4 7,g7 ,one representative of the ,civil ,rights ,division4 7,h7 ,one representative of the ,civil ,division4 7,i7 ,one representative of the ,federal ,bureau of ,investigation4 7,j7 ,one representative of the ,bureau of ,prisons4 7,k7 ,one representative of the ,community ,relations ,service4 7,l7 ,one representative of the ,office for ,access to ,justice4 7,m7 ,one representative of the ,office of ,legal ,policy4 7,n7 ,one representative of the ,office of ,legislative ,affairs4 7,o7 ,one representative of the ,office of ,tribal ,justice4 7,p7 ,two representatives from the ,executive ,office for ,united ,states ,attorneys4 7,q7 ,the ,section ,chief of the ,environmental ,justice ,section4 7,r7 ,not fewer than #b representatives from ,united ,states ,attorneys' offices4 7#d7 ,reporting requirement 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,empowering and ,enforcing ,environmental ,justice ,act of #bjbe1 and annually thereafter1 each member of the ,council shall submit to the ,director a report on the implementation of the progress of the component of which the member is a representative in implementing the environmental justice strategy of the ,department and any proposed revisions to the environmental justice strategy of that component4 7,b7 ,other reports and briefings ,in addition to the reports required under subparagraph 7,a71 the ,director may also request a report or briefing from the head of any component not a member of the ,council explaining how the component may facilitate the efforts of the ,department in meeting the obligations of the ,department under the environmental justice strategy4 7#e7 ,administration ,the ,director shall coordinate and support the work of the ,council4 ,the ,director shall convene the ,council not later than #ij days after the date of enactment of the ,empowering and ,enforcing ,environmental ,justice ,act of #bjbe and shall convene the ,council not less than #d times annually thereafter4 7#f7 ,guidance for ,department 7,a7 ,in general ,not later than #ahj days after the date of enactment of the ,empowering and ,enforcing ,environmental ,justice ,act of #bjbe1 the ,council shall develop guidance with respect to environmental justice and provide such guidance to ,department personnel1 including provisions for identifying1 tracking1 and addressing environmental justice matters4 7,b7 ,review and update ,not later than #c years after the development of the guidance under subparagraph 7,a71 and every #c years thereafter1 the ,department shall review and update such guidance4 4 7b7 ,technical amendment ,the table of sections for chapter #ca of title #bh1 ,united ,states ,code1 is amended by adding at the end the following3 #ecj;,e4 ,environmental justice4 4 #c4 ,environmental ,justice ,matters ,enforcement ,grants 7a7 ,definitions ,in this section3 7#a7 ,certain congressional committees ,the term certain congressional committees means-- 7,a7 the ,committees on ,environment and ,public ,works and the ,judiciary of the ,senate2 7,b7 the ,committees on ,energy and ,commerce and the ,judiciary of the ,house of ,representatives4 7#b7 ,environmental justice ,the term environmental justice means the just treatment and meaningful involvement of all people1 regardless of income1 race1 color1 national origin1 ,tribal affiliation1 or disability in agency decision-making and other ,federal activities that affect human health and the environment so that individuals-- 7,a7 are fully protected from disproportionate and adverse human health and environmental effects 7including risks7 and hazards1 including those related to climate change1 the cumulative impacts of environmental and other burdens1 and the legacy of racism or other structural or systemic barriers2 and 7,b7 have equitable access to a healthy1 sustainable1 and resilient environment in which to live1 play1 work1 learn1 grow1 worship1 and engage in cultural and subsistence practices4 7#c7 ,environmental justice matter ,the term environmental justice matter includes any civil or criminal matter where the conduct or action at issue may involve a disproportionate and adverse environmental or human health effect on an identifiable low-income1 minority1 ,tribal1 or ,indigenous population or community in the ,united ,states4 7#d7 ,indigenous population or community ,the term ,indigenous population or community includes populations or communities of ,american ,indians1 ,alaska ,natives1 and ,native ,hawaiians4 7#e7 ,low-income community ,the term low-income community means any census block group in which #cj percent or more of the population are individuals with an annual household income equal to1 or less than1 the greater of-- 7,a7 an amount equal to #hj percent of the median income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#f7 ,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 7b7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,attorney ,general shall establish a grant program 7in this section referred to as the ,program7 within the ,office of ,environmental ,justice to improve the capacity of ,state1 local1 and ,tribal governments to enforce environmental laws involving environmental justice matters4 7c7 ,grant authority ,in carrying out the ,program1 the ,assistant ,attorney ,general may award grants on a competitive basis to eligible recipients1 except that no eligible recipient may be awarded more than #a grant4 7d7 ,eligible recipients ,the ,assistant ,attorney ,general may award a grant under the ,program to a ,state1 local1 or ,tribal government determined by the ,assistant ,attorney ,general to be capable of carrying out a project pursuant to subsection 7e74 7e7 ,grant funds ,grant funds awarded under the ,program1 shall only be used to-- 7#a7 train ,state1 local1 and ,tribal agencies responsible for prosecuting and enforcing laws involving environmental justice matters2 7#b7 hire staff to assist in the investigation1 prosecution1 and enforcement of laws involving environmental justice matters2 or 7#c7 establish collaborative programs to provide technical and legal assistance1 outreach1 and engagement to help communities with environmental justice concerns participate in decisions impacting the environment1 health1 and safety of those communities with environmental justice concerns4 7f7 ,applications ,to be eligible for a grant under the ,program1 an eligible recipient shall submit to the ,assistant ,attorney ,general an application in such form1 at such time1 and containing such information as the ,assistant ,attorney ,general determines to be appropriate4 7g7 ,limitations on grant amounts ,subject to the availability of appropriations under subsection 7j71 each grant made under this section shall be for an amount not less than #ej1jjj and not greater than #a1jjj1jjj4 7h7 ,federal share ,the ,federal share of a project under the ,program shall not exceed #hj percent1 unless the ,attorney ,general waives1 wholly or in part1 this requirement4 7i7 ,report ,not later than #ah months after the date of enactment of this ,act1 and every #b years thereafter1 the ,attorney ,general shall submit a report to certain congressional committees on the grant program established under this section1 including a description of the grantees and activities for which grantees used grants awarded under this section4 7j7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ej1jjj1jjj for each of the fiscal years #bjbf through #bjce4