Sec. 5. Federal agency actions to address environmental justice

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To the maximum extent practicable and permitted by applicable law, each Federal agency shall make achieving environmental justice part of the mission of the Federal agency by identifying, addressing, and mitigating disproportionately high and adverse human health or environmental effects of the programs, policies, and activities of the Federal agency on populations of color, communities of color, indigenous communities, and low-income communities in the United States (including the territories and possessions of the United States and the District of Columbia).

Each Federal agency shall conduct any program, policy, or activity that substantially affects human health or the environment in a manner that ensures that the program, policy, or activity does not have the effect of excluding any individual or group from participation in, denying any individual or group the benefits of, or subjecting any individual or group to discrimination under, the program, policy, or activity because of race, color, or national origin. Each Federal agency shall implement and update, not less frequently than annually, an agencywide environmental justice strategy that identifies disproportionally high and adverse human health or environmental effects of the programs, policies, spending, and other activities of the Federal agency with respect to populations of color, communities of color, indigenous communities, and low-income communities, including, as appropriate for the mission of the Federal agency, with respect to the following areas:

Implementation of the National Environmental Policy Act of 1969 ( 42 U.S.C. 4321 et seq.). Implementation of title VI of the Civil Rights Act of 1964 ( 42 U.S.C. 2000d et seq.) (including regulations promulgated pursuant to that title). Implementation of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5121 et seq.). Impacts from the lack of infrastructure, or from deteriorated infrastructure. Impacts from land use. Impacts from climate change. Impacts from commercial transportation.

Each strategy developed and updated pursuant to subparagraph

(A)shall identify programs, policies, planning and public participation processes, rulemaking, agency spending, and enforcement activities relating to human health or the environment that may be revised, at a minimum— to promote enforcement of all health, environmental, and civil rights laws and regulations in areas containing populations of color, communities of color, indigenous communities, and low-income communities; to ensure greater public participation; to provide increased access to infrastructure; to improve research and data collection relating to the health and environment of populations of color, communities of color, indigenous communities, and low-income communities, including through the increased use of community-based science; and to identify differential patterns of use of natural resources among populations of color, communities of color, indigenous communities, and low-income communities. Each strategy implemented and updated pursuant to subparagraph

(A)shall include a timetable for undertaking revisions identified pursuant to clause (i). Not later than 1 year after the date of enactment of this Act, and not less frequently than once every 5 years thereafter, each Federal agency shall submit to Congress and the Working Group, and shall publish, a progress report that includes, with respect to the period covered by the report— a description of the current environmental justice strategy of the Federal agency; an evaluation of the progress made by the Federal agency at national and regional levels regarding implementation of the environmental justice strategy, including— metrics used by the Federal agency to measure performance; and the progress made by the Federal agency toward— the achievement of the metrics described in subclause (I); and mitigating identified instances of environmental injustice; a description of the participation by the Federal agency in interagency collaboration; responses to recommendations submitted by members of the public to the Federal agency relating to the environmental justice strategy of the Federal agency and the implementation by the Federal agency of this Act; and any updates or revisions to the environmental justice strategy of the Federal agency, including those resulting from public comments. Each Federal agency shall— ensure that meaningful opportunities exist for the public to submit comments and recommendations relating to the environmental justice strategy, progress reports, and ongoing efforts of the Federal agency to incorporate environmental justice principles into the programs, policies, and activities of the Federal agency; hold public meetings or otherwise solicit public participation and community-based science from populations of color, communities of color, indigenous communities, and low-income communities for fact-finding, receiving public comments, and conducting inquiries concerning environmental justice; and prepare for public review and publish a summary of the comments and recommendations provided. Each Federal agency shall— publish public documents, notices, and hearings relating to the programs, policies, and activities of the Federal agency that affect human health or the environment; and translate and publish any public documents, notices, and hearings relating to an action of the Federal agency as appropriate for the affected population, specifically in any case in which a limited English-speaking population may be disproportionately affected by that action. Notwithstanding any other provision of law, sections II and III of the guidance issued by the Council on Environmental Quality entitled Environmental Justice Guidance Under the National Environmental Policy Act and dated December 10, 1997, are enacted into law. Notwithstanding any other provision of law, the guidance issued by the Environmental Protection Agency entitled EPA Policy on Consultation and Coordination with Indian Tribes: Guidance for Discussing Tribal Treaty Rights and dated February 2016 is enacted into law. Each Federal agency, to the maximum extent practicable and permitted by applicable law, shall— in conducting environmental or human health research, include diverse segments of the population in epidemiological and clinical studies, including segments at high risk from environmental hazards, such as— populations of color, communities of color, indigenous communities, populations with low income, and low-income communities; fenceline communities; and workers who may be exposed to substantial environmental hazards; in conducting environmental or human health analyses, identify multiple and cumulative exposures; and actively encourage and solicit community-based science, and provide to populations of color, communities of color, indigenous communities, populations with low income, and low-income communities the opportunity to comment regarding the development and design of research strategies carried out pursuant to this Act. To the maximum extent practicable and permitted by applicable law (including section 552a of title 5, United States Code (commonly known as the Privacy Act )), each Federal agency shall— collect, maintain, and analyze information assessing and comparing environmental and human health risks borne by populations identified by race, national origin, or income; and use that information to determine whether the programs, policies, and activities of the Federal agency have disproportionally high and adverse human health or environmental effects on populations of color, communities of color, indigenous communities, and low-income communities. In connection with the implementation of Federal agency strategies under subsection (a)(3), each Federal agency, to the maximum extent practicable and permitted by applicable law, shall collect, maintain, and analyze information relating to the race, national origin, and income level, and other readily accessible and appropriate information, for fenceline communities in proximity to any facility or site expected to have a substantial environmental, human health, or economic effect on the surrounding populations, if the facility or site becomes the subject of a substantial Federal environmental administrative or judicial action. Each Federal agency, to the maximum extent practicable and permitted by applicable law, shall collect, maintain, and analyze information relating to the race, national origin, and income level, and other readily accessible and appropriate information, for fenceline communities in proximity to any facility of the Federal agency that is— subject to the reporting requirements under the Emergency Planning and Community Right-to-Know Act of 1986 ( 42 U.S.C. 11001 et seq.), as required by Executive Order 12898 ( 42 U.S.C. 4321 note); and expected to have a substantial environmental, human health, or economic effect on surrounding populations. Each Federal agency shall develop, publish (unless prohibited by law), and revise, as practicable and appropriate, guidance on actions of the Federal agency that will impact fish and wildlife consumed by populations that principally rely on fish or wildlife for subsistence. The guidance described in paragraph

(1)shall— reflect the latest scientific information available concerning methods for evaluating the human health risks associated with the consumption of pollutant-bearing fish or wildlife; and publish the risks of such consumption patterns. The Administrator shall continue to make available to the public an environmental justice mapping and screening tool (such as EJScreen or an equivalent tool) that includes, at a minimum, the following features: Nationally consistent data. Environmental data. Demographic data, including data relating to race, ethnicity, and income. Capacity to produce maps and reports by geographical area. Any person may commence a civil action— to seek relief from, or to compel, an agency action under this section (including regulations promulgated pursuant to this section); or otherwise to ensure compliance with this section (including regulations promulgated pursuant to this section). In carrying out this section, each Federal agency, to the maximum extent practicable and permitted by applicable law, shall share information and eliminate unnecessary duplication of efforts through the use of existing data systems and cooperative agreements among Federal agencies and with State, local, and Tribal governments.

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Sec. 5

Federal agency actions to address environmental justice

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