[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 720 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
1st Session
S. 720
To establish an Office of Environmental Justice within the Department
of Justice, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 25, 2025
Mr. Padilla (for himself, Mr. Markey, Mr. Blumenthal, Mr. Booker, Mr.
Merkley, Mr. Van Hollen, Ms. Duckworth, Mr. Wyden, Mr. Schiff, Mr.
Sanders, and Mr. Whitehouse) 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 2025''.
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) Definitions.--In this section:
``(1) Council.--The term `Council' means the Senior
Advisory Council established under subsection (c).
``(2) Department.--The term `Department' means the
Department of Justice.
``(3) Environmental justice.--The term `environmental
justice' means the just treatment and meaningful involvement of
all people, regardless of income, race, color, national origin,
Tribal affiliation, or disability in agency decision-making and
other Federal activities that affect human health and the
environment so that individuals--
``(A) are fully protected from disproportionate and
adverse human health and environmental effects
(including risks) and hazards, including those related
to climate change, the cumulative impacts of
environmental and other burdens, and the legacy of
racism or other structural or systemic barriers; and
``(B) have equitable access to a healthy,
sustainable, and resilient environment in which to
live, play, work, learn, grow, worship, and engage in
cultural and subsistence practices.
``(4) 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--
``(A) an identifiable low-income, Tribal, or
Indigenous population or community in the United
States; or
``(B) a community in the United States with
environmental justice concerns.
``(5) Indigenous population or community.--The term
`Indigenous population or community' includes populations or
communities of American Indians, Alaska Natives, and Native
Hawaiians.
``(6) 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.
``(7) Office.--The term `Office' means the Office of
Environmental Justice established under subsection (b)(1).
``(8) 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) Office of Environmental Justice.--
``(1) Establishment.--There is established the Office of
Environmental Justice within the Environment and Natural
Resources Division of the Department.
``(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) and to carry out
the duties of the Office under paragraph (4).
``(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
relating to Federal actions to address environmental
justice.
``(B) Coordinate environmental justice matters that
arise at the Department and United States Attorneys'
offices, including building outreach and engagement
capacity and competency among the Department's
personnel.
``(C) Administer the grant program established
under section 3 of the Empowering and Enforcing
Environmental Justice Act of 2025.
``(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 communities with
environmental justice concerns.
``(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, nonprofits, low-income communities, and
Indigenous populations or communities.
``(H) Organize, at minimum, bimonthly calls or
meetings with environmental justice organizations and
communities with environmental justice concerns.
``(I) Manage the Council.
``(J) Make recommendations to Federal agencies on
community participation in the development of
administrative settlement agreements relating to
environmental justice matters.
``(K) 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.
``(L) 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) Senior Advisory Council.--
``(1) 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 matters.
``(2) 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.
``(3) Members.--The Council shall be composed of:
``(A) The Assistant Attorney General of the
Environment and Natural Resources Division.
``(B) The Director of the Office.
``(C) One representative of the Office of the
Deputy Attorney General.
``(D) One representative of the Office of the
Associate Attorney General.
``(E) One representative from the Environmental
Enforcement Section of the Environmental and Natural
Resources Division.
``(F) One representative from the Environmental
Defense Section of the Environment and Natural
Resources Division.
``(G) One representative of the Civil Rights
Division.
``(H) One representative of the Civil Division.
``(I) One representative of the Federal Bureau of
Investigation.
``(J) One representative of the Bureau of Prisons.
``(K) One representative of the Community Relations
Service.
``(L) One representative of the Office for Access
to Justice.
``(M) One representative of the Office of Legal
Policy.
``(N) One representative of the Office of
Legislative Affairs.
``(O) One representative of the Office of Tribal
Justice.
``(P) Two representatives from the Executive Office
for United States Attorneys.
``(Q) The Section Chief of the Environmental
Justice Section.
``(R) Not fewer than 2 representatives from United
States Attorneys' offices.
``(4) Reporting requirement.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Empowering and Enforcing
Environmental Justice Act of 2025, 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.
``(B) Other reports and briefings.--In addition to
the reports required under subparagraph (A), 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.
``(5) 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 2025
and shall convene the Council not less than 4 times annually
thereafter.
``(6) Guidance for department.--
``(A) In general.--Not later than 180 days after
the date of enactment of the Empowering and Enforcing
Environmental Justice Act of 2025, 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.
``(B) Review and update.--Not later than 3 years
after the development of the guidance under
subparagraph (A), and every 3 years thereafter, the
Department shall review and update such guidance.''.
(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 Committees on Environment and Public Works
and the Judiciary of the Senate;
(B) the Committees on Energy and Commerce and the
Judiciary of the House of Representatives.
(2) Environmental justice.--The term ``environmental
justice'' means the just treatment and meaningful involvement
of all people, regardless of income, race, color, national
origin, Tribal affiliation, or disability in agency decision-
making and other Federal activities that affect human health
and the environment so that individuals--
(A) are fully protected from disproportionate and
adverse human health and environmental effects
(including risks) and hazards, including those related
to climate change, the cumulative impacts of
environmental and other burdens, and the legacy of
racism or other structural or systemic barriers; and
(B) have equitable access to a healthy,
sustainable, and resilient environment in which to
live, play, work, learn, grow, worship, and engage in
cultural and subsistence practices.
(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 grants on a competitive basis to eligible
recipients, except that no eligible recipient may be awarded more than
1 grant.
(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, outreach, and engagement to help
communities with environmental justice concerns participate in
decisions impacting the environment, health, and safety of
those communities with environmental justice concerns.
(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 2026 through 2035.
<all>