[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5081 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5081
To establish an Office of Environmental Justice within the Department
of Justice, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 14, 2022
Mr. Padilla (for himself, Mr. Markey, Mr. Booker, Ms. Duckworth, Mr.
Sanders, Mr. Whitehouse, Ms. Warren, and Mr. Merkley) introduced the
following bill; 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 Justice, 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 ``Empowering and Enforcing
Environmental Justice Act of 2022''.
SEC. 2. OFFICE OF ENVIRONMENTAL JUSTICE.
(a) In General.--Chapter 31 of title 28, United States Code, is
amended by adding at the end the following:
``Sec. 530E. Environmental Justice
``(a) Office of Environmental Justice.--
``(1) Establishment.--Not later than 90 days after the date
of enactment of the Empowering and Enforcing Environmental
Justice Act of 2022, the Attorney General shall establish the
Office of Environmental Justice (hereinafter known as the
`Office') within the Environment and Natural Resources Division
of the Department of Justice.
``(2) Personnel and funding.--The Attorney General shall
provide to the Office such personnel and funds as are necessary
to establish the Office under paragraph (1).
``(3) Leadership.--The Office shall be headed by a
Director, who shall be appointed by the Attorney General.
``(4) Duties.--The Director shall:
``(A) Develop, and update every 5 years thereafter,
the environmental justice strategy for the Department,
in accordance with Executive Order 12898 (42 U.S.C.
4321 note; relating to Federal actions to address
environmental justice in minority populations and low-
income populations).
``(B) Coordinate environmental justice matters that
arise at the Department and United States Attorneys'
offices.
``(C) Administer the grant program established
under section 3 of the Empowering and Enforcing
Environmental Justice Act of 2022.
``(D) 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 matters, including how to file
administrative complaints with Federal agencies.
``(E) Counsel and assist State, local, and Tribal
governments on how to coordinate their actions with the
Federal Government with respect to environmental
justice matters and counsel and assist State, local,
and Tribal governments and Indigenous populations or
communities in providing equal environmental protection
for all individuals.
``(F) Provide support for State and local
environmental enforcement training in environmental
justice communities.
``(G) Work with the Community Relations Service to
facilitate a working relationship between parties
involved in environmental justice matters, including
regulated industry, State, local, and Tribal decision-
makers and minority or low-income communities.
``(H) Coordinate with the Council on Environmental
Quality and the White House Environmental Justice
Advisory Council, established under Executive Order
14008 (86 Fed. Reg. 7619), with respect to
implementation of the Justice40 Initiative.
``(I) Organize, at minimum, bimonthly calls or
meetings with environmental justice organizations and
environmental justice communities.
``(J) Manage the Senior Advisory Council
established under paragraph (5).
``(K) Make recommendations to Federal agencies on
community participation in the development of
administrative settlement agreements relating to
environmental justice matters.
``(5) Senior advisory council.--
``(A) Establishment.--There is established a Senior
Advisory Council (hereinafter referred to as the
`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
matters.
``(B) 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
Office.
``(C) Members.--The Council shall be composed of:
``(i) The Assistant Attorney General of the
Environment and Natural Resources Division.
``(ii) The Director of the Office.
``(iii) One representative of the Office of
the Deputy Attorney General.
``(iv) One representative of the Office of
the Associate Attorney General.
``(v) One representative from the
Environmental Enforcement Section of the
Environmental and Natural Resources Division.
``(vi) One representative from the
Environmental Defense Section of the
Environment and Natural Resources Division.
``(vii) One representative of the Civil
Rights Division.
``(viii) One representative of the Civil
Division.
``(ix) One representative of the Federal
Bureau of Investigation.
``(x) One representative of the Bureau of
Prisons.
``(xi) One representative of the Community
Relations Service.
``(xii) One representative of the Office
for Access to Justice.
``(xiii) One representative of the Office
of Legal Policy.
``(xiv) One representative of the Office of
Legislative Affairs.
``(xv) One representative of the Office of
Tribal Justice.
``(xvi) Two representatives from the
Executive Office for United States Attorneys.
``(xvii) The Section Chief of the
Environmental Justice Section.
``(D) Reporting requirement.--Not later than 180
days after the date of enactment of the Empowering and
Enforcing Environmental Justice Act of 2022, and
annually thereafter, 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
component. 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 strategy.
``(E) Administration.--The Director shall
coordinate and support the work of the Council. The
Director shall convene the Council not later than 90
days after the date of enactment of the Empowering and
Enforcing Environmental Justice Act of 2022 and shall
convene the Council not less than 4 times annually
thereafter.
``(F) Guidance for department.--
``(i) In general.--Not later than 180 days
after the date of enactment of the Empowering
and Enforcing Environmental Justice Act of
2022, the Council shall develop guidance with
respect to environmental justice and provide
such guidance to Department personnel,
including provisions for identifying, tracking,
and addressing environmental justice matters.
``(ii) Review and update.--Not later than 3
years after the development of the guidance
under clause (i), and every 3 years thereafter,
the Department shall review and update such
guidance.
``(b) Environmental Justice Section.--
``(1) Establishment.--Not later than 180 days after the
date of enactment of the Empowering and Enforcing Environmental
Justice Act of 2022, the Attorney General shall establish a
section within the Environment and Natural Resources Division
of the Department that shall be known as the `Environmental
Justice Section' (hereinafter known as the `Section') with the
responsibility to litigate environmental justice matters.
``(2) General objectives.--The Section shall:
``(A) Initiate legal action to enforce
environmental justice, civil rights, and criminal and
civil laws with respect to environmental justice
matters to achieve fair environmental and human health
protection in all communities.
``(B) Collaborate with State, local, and Tribal
governments to pursue litigation with respect to
environmental justice to hold persons accountable for
actions and inactions that have or will contribute to
the climate crisis.
``(C) Ensure the enforcement of title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) by
coordinating with Federal agencies to effectively
investigate civil rights complaints.
``(D) Facilitate the collection and analysis of
data that will assist the Department in law
enforcement, mediation, and counseling efforts
involving environmental justice matters.
``(E) Provide technical assistance to other Federal
agencies on creating permits and permitting processes
that are enforceable by the agencies and the
Department.
``(3) Consultation and investigation.--
``(A) Consultation on priorities.--Not later than
180 days after the date of enactment of the Empowering
and Enforcing Environmental Justice Act of 2022, the
Section shall consult with United States Attorneys'
Offices, the Environmental Protection Agency, and other
Federal agencies, as appropriate, to develop a list of
environmental justice enforcement priorities and a
strategy for addressing these priorities.
``(B) Referral guidance.--The Section shall provide
guidance to other Federal agencies on appropriate
actions with respect to environmental justice matters
and whether such matters should be transferred to the
Department for further investigation or action.
``(4) Litigation activities.--The Section shall coordinate
with other litigating components of the Department, with the
United States Attorneys' Offices to conduct investigations, and
with other Federal agencies with respect to court cases raising
environmental justice matters, including by--
``(A) initiating legal action to enforce
environmental justice matters, civil rights, and
criminal and civil laws with respect to environmental
and criminal justice to achieve fair environmental and
human health protection in all communities;
``(B) intervening in pending litigation or filing
amicus curiae briefs to serve the interests of Federal
agencies that address environmental justice matters;
``(C) coordinating with other Department
components, and other Federal agencies, on appropriate
action with respect to environmental justice matters;
and
``(D) providing technical assistance to other
Federal agencies to address environmental justice
matters.
``(5) Education.--
``(A) In general.--The Section shall provide
training and education with respect to--
``(i) how to identify environmental justice
matters;
``(ii) the contexts in which environmental
justice matters may arise;
``(iii) the ways in which recognition of
potential environmental justice matters may
affect the work of the Department, Department
personnel, and other Federal agencies; and
``(iv) the implementation of Executive
Order 12898 (42 U.S.C. 4321 note; relating to
Federal actions to address environmental
justice in minority populations and low-income
populations), including the environmental
justice strategy developed by The Office and
guidance developed by the Council pursuant to
subsection (a)(5)(F).
``(B) Development.--The Section shall develop--
``(i) 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 matters;
``(ii) education programs for environmental
attorneys about criminal, civil, and civil
rights laws;
``(iii) education programs for civil,
criminal, and civil rights attorneys about
environmental laws for the purpose of
identifying and effectively addressing
environmental justice matters;
``(iv) 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 matters;
``(v) joint education and training
activities, where appropriate, with Federal
agencies and State, local, and Tribal legal
offices;
``(vi) a continuing legal education course
on environmental justice matters, developed in
coordination with the Office of Legal Education
and the Environmental Protection Agency; and
``(vii) training programs with respect to
environmental justice for individuals
participating in the Attorney General's Honors
Program.
``(6) Data assessment.--The Section shall coordinate with
all relevant components within the Department to develop and
maintain an appropriate system for tracking and assessing cases
that raise environmental justice matters.
``(c) Definitions.--In this section:
``(1) Department.--The term `Department' means the
Department of Justice.
``(2) 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.
``(3) 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-income, minority, Tribal, or
Indigenous population or community in the United States.
``(4) Indigenous population or community.--The term
`Indigenous population or community' includes populations or
communities of American Indians, Alaska Natives, and Native
Hawaiians.
``(5) Low-income community.--The term `low-income
community' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
``(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
``(B) 200 percent of the Federal poverty line.
``(6) State.--The term `State' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.''.
(b) Technical Amendment.--The table of sections for chapter 31 of
title 28, United States Code, is amended by adding at the end the
following:
``530E. Environmental justice.''.
SEC. 3. ENVIRONMENTAL JUSTICE MATTERS ENFORCEMENT GRANTS.
(a) Definitions.--In this section:
(1) Certain congressional committees.--The term ``certain
congressional committees'' means--
(A) the Committee on Energy and Commerce of the
House of Representatives;
(B) the Committee on Environment and Public Works
of the Senate; and
(C) the Committees on the Judiciary of the House of
Representatives and the Senate.
(2) 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.
(3) 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-income, minority, Tribal, or Indigenous
population or community in the United States.
(4) Indigenous population or community.--The term
``Indigenous population or community'' includes populations or
communities of American Indians, Alaska Natives, and Native
Hawaiians.
(5) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(6) State.--The term ``State'' means any State of the
United States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
(b) In General.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall establish a grant
program (in this section referred to as the ``Program'') within the
Office of Environmental Justice to improve the capacity of State,
local, and Tribal governments to enforce environmental laws involving
environmental justice matters.
(c) Grant Authority.--In carrying out the Program, the Assistant
Attorney General may award a grant on competitive basis to an eligible
recipient.
(d) Eligible Recipients.--The Assistant Attorney General may award
a grant under the Program to a State, local, or Tribal government
determined by the Assistant Attorney General to be capable of carrying
out a project pursuant to subsection (e).
(e) Grant Funds.--Grant funds awarded under the Program, shall only
be used to--
(1) train State, local, and Tribal agencies responsible for
prosecuting and enforcing laws involving environmental justice
matters;
(2) hire staff to assist in the investigation, prosecution,
and enforcement of laws involving environmental justice
matters; or
(3) establish collaborative programs to provide technical
and legal assistance to help environmental justice communities
participate in decisions impacting the environment, health, and
safety of those environmental justice communities.
(f) Applications.--To be eligible for a grant under the Program, an
eligible recipient shall submit to the Assistant Attorney General an
application in such form, at such time, and containing such information
as the Assistant Attorney General determines to be appropriate.
(g) Limitations on Grant Amounts.--Subject to the availability of
appropriations under subsection (j), each grant made under this section
shall be for an amount not less than $50,000 and not greater than
$1,000,000.
(h) Federal Share.--The Federal share of a project under the
Program shall not exceed 80 percent, unless the Attorney General
waives, wholly or in part, this requirement.
(i) Report.--Not later than 18 months after the date of enactment
of this Act, and every 2 years thereafter, the Attorney General shall
submit a report to certain congressional committees on the grant
program established under this section, including a description of the
grantees and activities for which grantees used grants awarded under
this section.
(j) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of the
fiscal years 2023 through 2032.
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