Sec. 602. Establishment of White House Environmental Justice Interagency Council
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The President shall maintain within the Executive Office of the President a White House Environmental Justice Interagency Council (referred to in this section as the Council ). The purposes of the Council are— to improve coordination and collaboration among agencies and to help advise and assist agencies in identifying and addressing, as appropriate, the disproportionate human health and environmental effects of Federal programs, policies, practices, and activities on communities of color, low-income communities, and Tribal and Indigenous communities; to promote meaningful involvement and due process in the development, implementation, and enforcement of environmental laws; to coordinate with, and provide direct guidance and technical assistance to, environmental justice communities, with a focus on increasing— community understanding of the science, regulations, and policy related to agency actions on environmental justice issues; and community capacity to address environmental justice issues; to address environmental health, pollution, and public health burdens in environmental justice communities, and build healthy, sustainable, and resilient communities; to develop and update an interagency Federal environmental justice strategy, as described in subsection (g)(1); to annually publish a public performance scorecard, as described in subsection (g)(2); and to support and facilitate interagency collaboration on Federal and State programs and activities related to environmental justice, including the development of materials for environmental justice training to build the capacity of Federal employees to advance environmental justice and to increase the meaningful participation of individuals from communities with environmental justice concerns in Federal activities.
The Council shall be composed of individuals described in the text amended by section 7(a) of Executive Order 14096 (88 Fed. Reg. 25251; relating to Revitalizing Our Nation’s Commitment to Environmental Justice for All). The Council may include additional individuals from independent agencies, including individuals from the Nuclear Regulatory Commission and the Federal Energy Regulatory Commission, as determined appropriate by the Chair of the Council on Environmental Quality (referred to in this section as the Chair ).
The Chair shall serve as a member and Chairperson of the Council. The Council shall report to the President through the Chair. To ensure that there is a common level of understanding of terminology used in dealing with environmental justice issues, not later than 1 year after the date of enactment of this Act, after coordinating with and conducting outreach to environmental justice communities, State governments, Tribal Governments, and local governments, the Council shall develop and publish in the Federal Register a guidance document to assist agencies in defining and applying terms relating to— health disparities; environmental exposure disparities; demographic characteristics, including age, sex, race, and ethnicity; social stressors, including poverty, housing quality, access to health care, education, immigration status, linguistic isolation, historical trauma, and lack of community resources; cumulative effects or risks; community vulnerability or susceptibility to adverse human health and environmental effects, including climate change; barriers to meaningful involvement in the development, implementation, and enforcement of environmental laws; and community capacity to address environmental concerns, including the capacity to obtain equitable access to environmental amenities.
For a period of not less than 60 days, the Chair shall seek public comment on the guidance document developed under paragraph (1). Not later than 1 year after the date of enactment of this section, after notice and opportunity for public comment, the Council, in consultation with the White House Environmental Justice Advisory Council and local environmental justice leaders, shall develop a coordinated interagency Federal environmental justice strategy to address current and historical environmental injustice, which shall include clear performance metrics to ensure accountability.
The Council shall update said strategy not less frequently than once every 3 years, after notice and opportunity for public comment. The Council shall annually publish a public performance scorecard on the implementation of the interagency Federal environmental justice strategy. Not later than 180 days after updating the interagency Federal environmental justice strategy under subsection (g)(1), the Chair shall submit to the President a report that contains a description of the implementation of the interagency Federal environmental justice strategy.
The head of each agency that is a member of the Council shall make each report described in paragraph
(1)available to the public (including by posting a copy of the report on the website of each agency). The Office of Administration within the Executive Office of the President shall provide funding and administrative support for the Council, to the extent permitted by law and within existing appropriations. To the extent permitted by law and subject to the availability of appropriations, the Secretary of Labor, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency shall provide administrative support for the Council, as necessary. The Chair shall— convene regular meetings of the Council; determine the agenda of the Council in accordance with this section; and direct the work of the Council. The Chair shall designate an Executive Director of the Council, who shall coordinate the work of, and head any staff assigned to, the Council. To facilitate the work of the Council, the head of each agency that is a member of the Council shall designate an Environmental Justice Officer within the agency, with the authority— to represent the agency on the Council; and to perform such other duties relating to the implementation of this section within the agency as the head of the agency determines to be appropriate. At the direction of the Chair, the Council may establish 1 or more subgroups consisting exclusively of Council members or their designees under this section, as appropriate.
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- 88 FR 25251
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Sec. 602
Establishment of White House Environmental Justice Interagency Council
Fed. Reg.88 FR 25251
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