II 

116TH CONGRESS 

2D SESSION S. 4513 

To ensure climate and environmental justice accountability, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

AUGUST 6, 2020 

Ms. HARRIS introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To ensure climate and environmental justice accountability, 

and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Climate Equity Act of 2020’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 

Sec. 3. Definitions. 

TITLE I—CONGRESSIONAL EQUITY SCORE 

Sec. 101. Climate and Environmental Equity Office. 


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TITLE II—OFFICE OF CLIMATE AND ENVIRONMENTAL JUSTICE 

ACCOUNTABILITY 

Sec. 201. Establishment; head of the Office. 

Sec. 202. Functions; personnel. 

Sec. 203. Board of Advisors. 

Sec. 204. Budgetary line item and authorization of appropriations. 

Sec. 205. Definition of frontline community. 

TITLE III—RULES AND REGULATIONS 

Sec. 301. Climate and environmental justice accountability agenda. 

Sec. 302. Initial climate and environmental justice analysis. 

Sec. 303. Final climate and environmental justice analysis. 

Sec. 304. Avoidance of duplicative or unnecessary analyses. 

Sec. 305. Procedures for gathering comments. 

Sec. 306. Periodic review of rules. 

Sec. 307. Judicial review. 

Sec. 308. Availability. 

TITLE IV—FEDERAL INVESTMENTS 

Sec. 401. Review of Federal investments. 

Sec. 402. Additional review. 

Sec. 403. Nonscheduled review. 

Sec. 404. Availability. 

TITLE V—SUBNATIONAL GUIDANCE 

Sec. 501. Guidance for development of implementation plans. 

1 SEC. 2. FINDINGS. 

2 Congress finds that— 

3 (1)(A) the people of the United States have a 

4 right to live in a clean, healthful, and sustainable en5 vironment and climate, with access to clean air and 

6 clean water; 

7 (B) realizing the right described in subpara8 graph (A) will require addressing systemic environ9 mental injustices and the growing inequities fueled 

10 by climate change; 


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1 (C) the Federal Government has the responsi2 bility to ensure that the right described in subpara3 graph (A) is realized; and 

4 (D) the Federal Government should be held ac5 countable to protect the individuals most impacted 

6 by environmental degradation, climate change, and 

7 the fight to address climate change; 

8 (2) addressing the climate crisis will require a 

9 comprehensive set of solutions that includes— 

10 (A) Federal investment; 

11 (B) the promulgation and enforcement of 

12 rules and regulations; and 

13 (C) international and intergovernmental 

14 cooperation; and 

15 (3) any policy to address climate and environ16 mental justice must acknowledge that— 

17 (A) climate change is— 

18 (i) an immediate crisis, the impacts of 

19 which the United States is already experi20 encing; and 

21 (ii) a systemic injustice multiplier; 

22 (B) low-income communities, indigenous 

23 communities, and communities of color across 

24 the United States disproportionately experience 

25 the cumulative impacts of multiple pollution 


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1 sources and the compounding impacts of a his2 tory of pollution exposure; and 

3 (C) the impacts of climate change will— 

4 (i) disproportionately affect the com5 munities that are already facing environ6 mental injustice; and 

7 (ii) increase stressors on vulnerable 

8 communities, including the elderly, the 

9 unhoused, and individuals with disabilities. 

10 SEC. 3. DEFINITIONS. 

11 In this Act: 

12 (1) AGENCY.—The term ‘‘agency’’ has the 

13 meaning given the term in section 551 of title 5, 

14 United States Code. 

15 (2) BOARD OF ADVISORS.—The term ‘‘Board of 

16 Advisors’’ means the Board of Advisors established 

17 within the Office under section 203(a). 

18 (3) DIRECTOR.—The term ‘‘Director’’ means a 

19 Director of Climate and Environmental Justice for 

20 an agency, as established under section 202(c)(1). 

21 (4) ENVIRONMENTAL OR CLIMATE CHANGE

22 NEXUS.—The term ‘‘environmental or climate 

23 change nexus’’ includes an action that— 

24 (A) is intended to directly address or re25 spond to the environment or climate change; 


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1 (B) has an indirect impact on the status or 

2 quality of the environment or climate, including 

3 the construction of infrastructure and the man4 ufacturing of goods; 

5 (C) has the potential to create or impact 

6 jobs relating to the transition to a clean econ7 omy; and 

8 (D) relates to public health that may be 

9 connected to pollution or climate change im10 pacts. 

11 (5) FRONTLINE COMMUNITY.— 

12 (A) IN GENERAL.—Except as provided in 

13 subparagraph (B), the term ‘‘frontline commu14 nity’’ has the meaning given the term by the 

15 Board of Advisors under section 205. 

16 (B) INTERIM MEANING.—Until the date on 

17 which the Board of Advisors establishes a defi18 nition of ‘‘frontline community’’ under section 

19 205, the term ‘‘frontline community’’ means a 

20 community or population described in section 

21 205(b). 

22 (6) INVESTMENT.—The term ‘‘investment’’ in23 cludes a grant, loan, rebate, or other similar pro24 gram that is carried out by an agency. 


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1 (7) OFFICE.—The term ‘‘Office’’ means the Of2 fice of Climate and Environmental Justice Account3 ability established by section 201. 

4 (8) RULE.—The term ‘‘rule’’ has the meaning 

5 given the term in section 601 of title 5, United 

6 States Code. 

7 TITLE I—CONGRESSIONAL 

8 EQUITY SCORE 

9 SEC. 101. CLIMATE AND ENVIRONMENTAL EQUITY OFFICE. 

10 (a) ESTABLISHMENT OF CLIMATE AND ENVIRON11 MENTAL EQUITY OFFICE.—Section 201 of the Congres12 sional Budget Act of 1974 (2 U.S.C. 601) is amended by 

13 adding at the end the following: 

14 ‘‘(h) CLIMATE AND ENVIRONMENTAL EQUITY OF15 FICE.— 

16 ‘‘(1) IN GENERAL.—There is established in the 

17 Office a Climate and Environmental Equity Office. 

18 ‘‘(2) DIRECTOR.—The Climate and Environ19 mental Equity Office shall be headed by a Director 

20 appointed by the Director of the Office.’’. 

21 (b) DUTIES AND FUNCTIONS.—Section 202(c) of the 

22 Congressional Budget Act of 1974 (2 U.S.C. 602(c)) is 

23 amended by adding at the end the following: 

24 ‘‘(4)(A) In this paragraph, the terms ‘environ25 mental or climate change nexus’ and ‘frontline comVerDate Sep 11 2014 23:15 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4513.IS S4513

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1 munity’ have the meanings given those terms in sec2 tion 3 of the Climate Equity Act of 2020. 

3 ‘‘(B)(i) In addition to any analysis under sec4 tion 402, the Climate and Environmental Equity Of5 fice shall, to the extent practicable, prepare for each 

6 bill or resolution with an environmental or climate 

7 change nexus that is reported by any committee of 

8 the House of Representatives or the Senate and sub9 mit to such committee a statement by the Climate 

10 and Environmental Equity Office analyzing the 

11 quantitative and qualitative impacts to frontline 

12 communities of the bill or resolution in conformance 

13 with the criteria developed under subparagraph (C). 

14 ‘‘(ii) A statement submitted under clause (i) 

15 shall be included in the report accompanying a bill 

16 or resolution if timely submitted to the applicable 

17 committee before the report is filed. 

18 ‘‘(C)(i) Not later than 1 year after the date of 

19 enactment of this paragraph, the Director of the Cli20 mate and Environmental Equity Office, in coordina21 tion with an advisory board composed of relevant ex22 perts and representatives from frontline communities 

23 identified in coordination with the Board of Advisors 

24 established under section 203(a) of the Climate Eq25 uity Act of 2020, shall develop and make publicly 


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1 available criteria for analyzing the quantitative and 

2 qualitative impacts of legislation under this para3 graph. 

4 ‘‘(ii) The criteria developed under clause (i) 

5 shall be reviewed once every 5 years by an advisory 

6 board described in that clause to incorporate the 

7 best available science, best practices, and new under8 standing relating to the impacts of policy on eco9 nomic, social, environmental, and public health mat10 ters. 

11 ‘‘(D) The Climate and Environmental Equity 

12 Office shall coordinate with the Director of the Of13 fice and other employees of the Office in carrying 

14 out this paragraph. 

15 ‘‘(E) It shall not be in order in the House of 

16 Representatives or the Senate to consider any bill or 

17 resolution with an environmental or climate change 

18 nexus that is reported by any committee of the 

19 House of Representatives or the Senate unless the 

20 Director of the Climate and Environmental Equity 

21 Office has published a statement on the quantitative 

22 and qualitative impacts to frontline communities of 

23 the legislation prepared under subparagraph (B). 


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1 ‘‘(F) Any action taken by the Director of the 

2 Climate and Environmental Equity Office shall be 

3 informed by the best available science.’’. 

4 TITLE II—OFFICE OF CLIMATE 

5 AND ENVIRONMENTAL JUS6 TICE ACCOUNTABILITY 

7 SEC. 201. ESTABLISHMENT; HEAD OF THE OFFICE. 

8 (a) IN GENERAL.—There is established within the 

9 Office of Management and Budget an office, to be known 

10 as the ‘‘Office of Climate and Environmental Justice Ac11 countability’’. 

12 (b) HEAD OF THE OFFICE.—The head of the Office 

13 shall be appointed from civilian life by the President, by 

14 and with the advice and consent of the Senate. 

15 SEC. 202. FUNCTIONS; PERSONNEL. 

16 (a) FUNCTIONS.—The functions of the Office in17 clude— 

18 (1) to represent the views of frontline commu19 nities in rulemaking; 

20 (2) to conduct research, using the best available 

21 science, on environmental and climate issues and 

22 trends in frontline communities; 

23 (3) to measure the direct and indirect costs of 

24 environmental and climate regulations on frontline 

25 communities; 


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1 (4) to develop and coordinate relevant environ2 mental justice definitions and nomenclature across 

3 the Executive Branch; 

4 (5) to monitor compliance with the require5 ments of this Act; and 

6 (6) to coordinate with other Federal efforts to 

7 address environmental justice, such as efforts 

8 through the Council on Environmental Quality and 

9 the National Environmental Justice Advisory Coun10 cil. 

11 (b) PERSONNEL.— 

12 (1) IN GENERAL.—On the recommendation of 

13 the Board of Advisors, the head of the Office shall 

14 appoint a secretary for the Board of Advisors, and 

15 such other employees as the head of the Office de16 termines to be necessary to exercise and fulfill the 

17 powers and responsibilities of the Office. 

18 (2) COMPENSATION.—The compensation of all 

19 employees appointed under paragraph (1) shall be 

20 fixed in accordance with chapter 51 and subchapter 

21 III of chapter 53 of title 5, United States Code. 

22 (c) DIRECTORS OF CLIMATE AND ENVIRONMENTAL

23 JUSTICE.— 

24 (1) IN GENERAL.—The head of the Office shall 

25 work in coordination with the head of each agency 


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1 described in paragraph (2) to establish or designate 

2 within each agency a position, to be known as the 

3 ‘‘Director of Climate and Environmental Justice’’. 

4 (2) AGENCIES DESCRIBED.—The agencies re5 ferred to in paragraph (1) are— 

6 (A) the Environmental Protection Agency; 

7 (B) the Department of Agriculture; 

8 (C) the Department of Commerce; 

9 (D) the Department of Defense; 

10 (E) the Department of Energy; 

11 (F) the Department of Health and Human 

12 Services; 

13 (G) the Department of Homeland Security; 

14 (H) the Department of Housing and 

15 Urban Development; 

16 (I) the Department of the Interior; 

17 (J) the Department of Labor; 

18 (K) the Department of Transportation; 

19 (L) the Department of Education; 

20 (M) the Department of Justice; 

21 (N) the Department of the Treasury; 

22 (O) the Department of Veterans Affairs; 

23 (P) the Small Business Administration; 

24 (Q) the Office of Science and Technology 

25 Policy; 


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1 (R) the Council on Environmental Quality; 

2 and 

3 (S) any other Federal department, agency, 

4 commission, or office that the head of the Of5 fice determines to be appropriate. 

6 (3) FUNCTION.—The function of a Director is 

7 to ensure the implementation of this Act within the 

8 applicable agency. 

9 SEC. 203. BOARD OF ADVISORS. 

10 (a) ESTABLISHMENT.—The head of the Office shall 

11 establish within the Office a Board of Advisors, which 

12 shall provide such scientific advice as may be requested 

13 by— 

14 (1) the Director of the Office of Management 

15 and Budget; 

16 (2) the head of the Office; 

17 (3) a Director; or 

18 (4) a member or committee of Congress. 

19 (b) MEMBERS.— 

20 (1) APPOINTMENT.— 

21 (A) IN GENERAL.—Members of the Board 

22 of Advisors shall be appointed by the head of 

23 the Office, on the recommendation of the Na24 tional Academy of Sciences. 

25 (B) FUNDING.— 


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1 (i) IN GENERAL.—There are author2 ized to be appropriated to the Office such 

3 sums as are necessary for the National 

4 Academy of Sciences to make recommenda5 tions under subparagraph (A). 

6 (ii) TRANSFER.—The head of the Of7 fice shall transfer to the National Academy 

8 of Sciences any amounts appropriated 

9 under clause (i). 

10 (2) SIZE OF BOARD.— 

11 (A) IN GENERAL.—Subject to subpara12 graph (B), the Board of Advisors shall be com13 posed of not less than 10 members that provide 

14 diverse and fair representation of frontline com15 munities and allies of frontline communities, 1 

16 of whom shall be designated chairperson. 

17 (B) ADDITIONAL MEMBERS.—At the dis18 cretion of the head of the Office, on the rec19 ommendation of the National Academy of 

20 Sciences, additional members representing 

21 frontline communities or allies of frontline com22 munities may be added to the Board of Advi23 sors on an interim or permanent basis. 

24 (3) QUALIFICATIONS.—Each member of the 

25 Board of Advisors shall be— 


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1 (A)(i) a representative of a frontline com2 munity; or 

3 (ii) an ally of a frontline community; and 

4 (B) qualified by education, training, and 

5 experience to evaluate information on matters 

6 referred to the Board of Advisors under this 

7 Act. 

8 (4) TERM.—A member of the Board of Advi9 sors shall serve for a term of 3 years, which may be 

10 renewed for 1 additional term of 3 years on the rec11 ommendation of the National Academy of Sciences. 

12 (c) COMPENSATION.—Members of the Board of Advi13 sors may be compensated at a rate to be fixed by the 

14 President but not to exceed the maximum amount of com15 pensation payable to a member of the Senior Executive 

16 Service under subsection (b) of section 5382 of title 5, 

17 United States Code. 

18 (d) PUBLIC PARTICIPATION AND TRANSPARENCY.— 

19 The Board of Advisors shall make every effort, consistent 

20 with applicable law, including section 552 of title 5, 

21 United States Code (commonly known as the ‘‘Freedom 

22 of Information Act’’), and section 552a of title 5, United 

23 States Code (commonly known as the ‘‘Privacy Act of 

24 1974’’), to maximize public participation and trans25 parency, including making the advice of the Board of AdVerDate Sep 11 2014 23:15 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\S4513.IS S4513

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1 visors publicly available in electronic form, including video 

2 streaming, on the website of the Office. 

3 SEC. 204. BUDGETARY LINE ITEM AND AUTHORIZATION OF 

4 APPROPRIATIONS. 

5 (a) APPROPRIATION REQUESTS.—Each budget of the 

6 United States Government submitted by the President 

7 under section 1105 of title 31, United States Code, shall 

8 include a separate statement of the amount of appropria9 tions requested for the Office, which shall be designated 

10 in a separate account in the general fund of the Treasury. 

11 (b) ADMINISTRATIVE OPERATIONS.—The Director of 

12 the Office of Management and Budget shall provide the 

13 Office with appropriate and adequate office space at cen14 tral and field office locations, together with such equip15 ment, operating budget, and communications facilities and 

16 services as may be necessary, and shall provide necessary 

17 maintenance services for those offices and the equipment 

18 and facilities located in those offices. 

19 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated such sums as are nec21 essary to carry out this title, to remain available until ex22 pended. 


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1 SEC. 205. DEFINITION OF FRONTLINE COMMUNITY. 

2 (a) IN GENERAL.—The Board of Advisors shall es3 tablish a definition of ‘‘frontline community’’ for purposes 

4 of this Act. 

5 (b) INCLUSIONS.—The definition under subsection 

6 (a) shall include, at a minimum— 

7 (1) a community or population that has experi8 enced systemic socioeconomic disparities, environ9 mental injustice, or another form of injustice, includ10 ing— 

11 (A) a low-income community; 

12 (B) an indigenous community; and 

13 (C) a community of color; 

14 (2) a community or population that is the most 

15 vulnerable and will be the most adversely impacted 

16 by environmental and climate injustice and inequi17 table climate actions, including— 

18 (A) a community or population described 

19 in paragraph (1); 

20 (B) a deindustrialized community; 

21 (C) a depopulated rural community; 

22 (D) a vulnerable elderly population; 

23 (E) an unhoused population; 

24 (F) individuals with disabilities; and 

25 (G) a community that is economically de26 pendent on fossil fuel industries; and 


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1 (3) the women, the youth, and all of the de2 scendants of women or youth that are part of a com3 munity or population described in paragraph (1) or 

4 (2). 

5 (c) REQUIREMENTS.—The Board of Advisors shall— 

6 (1) develop the definition under subsection (a) 

7 in coordination with relevant experts; and 

8 (2) incorporate in the definition under sub9 section (a) the best available science and under10 standing of the impacts of environmental, climate, 

11 and public health hazards on the communities and 

12 populations described in subsection (b). 

13 (d) UPDATES.—The Board of Advisors shall 

14 iteratively reexamine the definition of ‘‘frontline commu15 nity’’ established under subsection (a) and update that 

16 definition, as the Board of Advisors determines to be ap17 propriate. 

18 TITLE III—RULES AND 

19 REGULATIONS 

20 SEC. 301. CLIMATE AND ENVIRONMENTAL JUSTICE AC21 COUNTABILITY AGENDA. 

22 (a) IN GENERAL.—During the months of October 

23 and April of each year, each agency shall publish in the 

24 Federal Register a climate and environmental justice acVerDate Sep 11 2014 23:15 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\S4513.IS S4513

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1 countability agenda (referred to in this section as the 

2 ‘‘agenda’’) which shall contain— 

3 (1) a brief description of the subject area of 

4 any rule which the agency expects to propose or pro5 mulgate which is likely to have a significant positive 

6 or negative economic, public health, or environ7 mental impact on a substantial number of residents 

8 within 1 or more frontline communities; 

9 (2) a summary of— 

10 (A) the nature of each rule under consider11 ation for each subject area listed in the agenda 

12 pursuant to paragraph (1); 

13 (B) the objectives and legal basis for the 

14 issuance of each rule listed in the agenda pur15 suant to paragraph (1); and 

16 (C) an approximate schedule for com17 pleting action on any rule for which the agency 

18 has issued a general notice of proposed rule19 making; and 

20 (3) the name and telephone number of an agen21 cy official knowledgeable concerning the items listed 

22 in paragraph (1). 

23 (b) SUBMISSION.—Each agenda shall be transmitted 

24 to the head of the Office for comment, if any. 


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1 (c) FRONTLINE COMMUNITIES.—Each agency 

2 shall— 

3 (1) provide notice of each agenda to frontline 

4 communities or representatives of the frontline com5 munities through— 

6 (A) direct notification of frontline commu7 nities; or 

8 (B) publication of the agenda in publica9 tions likely to be obtained by frontline commu10 nities; and 

11 (2) invite comments on each subject area on the 

12 agenda. 

13 (d) SAVINGS PROVISION.—Nothing in this section— 

14 (1) precludes an agency from considering or 

15 acting on any matter not included in an agenda of 

16 the agency; or 

17 (2) requires an agency to consider or act on any 

18 matter listed in the agenda. 

19 SEC. 302. INITIAL CLIMATE AND ENVIRONMENTAL JUSTICE 

20 ANALYSIS. 

21 (a) DETERMINATION OF POTENTIAL SIGNIFICANT

22 IMPACT.— 

23 (1) IN GENERAL.—Whenever an agency is re24 quired by section 553 of title 5, United States Code, 

25 or any other law, to publish a general notice of proVerDate Sep 11 2014 23:15 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4513.IS S4513

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1 posed rulemaking for a proposed rule, or publishes 

2 a notice of proposed rulemaking for an interpretative 

3 rule involving the internal revenue laws of the 

4 United States, the Board of Advisors, in coordina5 tion with the Director of the agency, shall determine 

6 whether the proposed rule may have a significant 

7 impact on 1 or more frontline communities. 

8 (2) DETERMINATION OF NO POTENTIAL SIG9 NIFICANT IMPACT.—If the Board of Advisors deter10 mines under paragraph (1) that a proposed rule will 

11 not have a significant impact on 1 or more frontline 

12 communities, the Board of Advisors shall make pub13 licly available on the website of the Office and pub14 lish in the Federal Register a statement of the ra15 tionale for that determination. 

16 (b) INITIAL REGULATORY ANALYSIS.— 

17 (1) IN GENERAL.—Subject to section 305(b), in 

18 the case of a proposed rule that the Board of Advi19 sors determines may have a significant impact on 1 

20 or more frontline communities under subsection 

21 (a)(1), the applicable agency shall— 

22 (A) in coordination with the Director of 

23 the agency, prepare an initial climate and envi24 ronmental justice analysis; and 


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1 (B) make available for public comment the 

2 initial climate and environmental justice anal3 ysis under subparagraph (A). 

4 (2) REQUIREMENTS.— 

5 (A) IMPACT ON FRONTLINE COMMU6 NITIES.—An initial climate and environmental 

7 justice analysis under paragraph (1)(A) shall 

8 describe the quantitative and qualitative im9 pacts of the proposed rule on frontline commu10 nities, including cultural impacts. 

11 (B) PUBLICATION.—The initial climate 

12 and environmental justice analysis under para13 graph (1)(A), or a summary of that analysis, 

14 shall be published in the Federal Register at 

15 the time of the publication of the general notice 

16 of proposed rulemaking for the rule. 

17 (3) TRANSMISSION.—The agency shall transmit 

18 a copy of the initial climate and environmental jus19 tice analysis under paragraph (1)(A) to the head of 

20 the Office. 

21 (c) REQUIREMENTS.—Each initial climate and envi22 ronmental justice analysis under subsection (b)(1)(A) 

23 shall contain— 

24 (1) a description of the reasons why action by 

25 the agency is being considered; 


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1 (2) a succinct statement of the objectives of, 

2 and legal basis for, the proposed rule; 

3 (3) a description of and, where feasible, an esti4 mate of the number of residents of frontline commu5 nities on which the proposed rule will have a signifi6 cant impact; 

7 (4) a description of the impact to individual 

8 frontline communities; 

9 (5) a description of input and comments from 

10 coordination with frontline communities under sec11 tion 305; 

12 (6) a justification for the incorporation or rejec13 tion of any comments from coordination with front14 line communities under section 305; 

15 (7) a description of the individuals and groups 

16 from the coordination with frontline communities 

17 under section 305; and 

18 (8) an identification, to the extent practicable, 

19 of all relevant Federal rules which may duplicate, 

20 overlap, or conflict with the proposed rule. 

21 (d) SIGNIFICANT ALTERNATIVES.—An initial climate 

22 and environmental justice analysis under subsection 

23 (b)(1)(A) shall contain a description of any significant al24 ternatives to the proposed rule that— 


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1 (1) accomplish the stated objectives of applica2 ble statutes; and 

3 (2)(A) minimize any significant negative eco4 nomic, environmental, or public health impact of the 

5 proposed rule on frontline communities; or 

6 (B) maximize any significant positive economic, 

7 environmental, or public health impact of the pro8 posed rule on frontline communities. 

9 (e) PROJECTED IMPACTS.—An initial climate and en10 vironmental justice analysis under subsection (b)(1)(A) 

11 shall include a description of— 

12 (1) any projected economic, environmental, or 

13 public health impacts, positive or negative, on front14 line communities as a result of the proposed rule; 

15 (2) any potential cumulative impact on frontline 

16 communities that results from the proposed rule, in 

17 combination with previously promulgated rules; 

18 (3) any significant alternatives to the proposed 

19 rule that— 

20 (A) accomplish the stated objectives of ap21 plicable statutes; and 

22 (B)(i) minimize any significant negative 

23 economic, environmental, or public health im24 pact of the proposed rule on frontline commu25 nities; or 


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1 (ii) maximize any significant positive eco2 nomic, environmental, or public health impact 

3 of the proposed rule on frontline communities; 

4 and 

5 (4) the advice and recommendations of rep6 resentatives of frontline communities under section 

7 305(c)(1) relating to issues described in paragraphs 

8 (1), (2), and (3). 

9 SEC. 303. FINAL CLIMATE AND ENVIRONMENTAL JUSTICE 

10 ANALYSIS. 

11 (a) FINAL ANALYSIS.— 

12 (1) IN GENERAL.—When an agency promul13 gates a final rule under section 553 of title 5, 

14 United States Code, after being required by that 

15 section or any other law to publish a general notice 

16 of proposed rulemaking, or promulgates a final in17 terpretative rule involving the internal revenue laws 

18 of the United States as described in section 302(a), 

19 and the agency was required to prepare an initial 

20 climate and environmental justice analysis for the 

21 applicable proposed rule under section 302(b)(1)(A), 

22 the agency shall prepare a final climate and environ23 mental justice analysis. 


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1 (2) REQUIREMENTS.—Each final climate and 

2 environmental justice analysis under paragraph (1) 

3 shall contain— 

4 (A) a statement of the need for, and objec5 tives of, the rule; 

6 (B) a statement of— 

7 (i) the issues raised by frontline com8 munities through consultation under sec9 tion 305 in preparing the initial climate 

10 and environmental justice analysis under 

11 section 302(b)(1)(A); 

12 (ii) an assessment of the issues de13 scribed in clause (i); and 

14 (iii) any modification to the proposed 

15 rule as a result of the assessment de16 scribed in clause (ii); 

17 (C)(i) the response of the agency to any 

18 comments filed by the head of the Office or the 

19 Board of Advisors in response to the proposed 

20 rule; and 

21 (ii) a detailed statement of any change 

22 made to the proposed rule in the final rule as 

23 a result of the comments described in clause (i); 

24 (D) a description of and an estimate of the 

25 number of residents of frontline communities to 


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1 which the rule will apply or an explanation of 

2 why no such estimate is available; and 

3 (E) a description of the steps the agency 

4 has taken to minimize the negative, or maxi5 mize the positive, significant economic, environ6 mental, and public health impact on frontline 

7 communities that are consistent with the stated 

8 objectives of applicable statutes, including— 

9 (i) a statement of the factual, policy, 

10 and legal reasons for selecting the alter11 native adopted in the final rule; and 

12 (ii) a description of why each 1 of the 

13 other significant alternatives to the rule 

14 considered by the agency which affect the 

15 impact on frontline communities was re16 jected. 

17 (3) CONSIDERATION.—In developing the final 

18 climate and environmental justice analysis under 

19 paragraph (1), the agency shall give strong consider20 ation to the comments, recommendations, and find21 ings within a report of a review panel under section 

22 305(c)(6), if any, to ensure that benefits are maxi23 mized to impacted frontline communities. 

24 (b) PUBLICATION.—The head of the agency shall 

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1 ronmental justice analysis under subsection (a)(1) or a 

2 summary of that analysis. 

3 SEC. 304. AVOIDANCE OF DUPLICATIVE OR UNNECESSARY 

4 ANALYSES. 

5 (a) SIMULTANEOUS ANALYSES.—An agency may per6 form the analyses required by sections 301, 302, and 303 

7 in conjunction with or as a part of any other agenda or 

8 analysis required by any other law if the other analysis 

9 satisfies the provisions of those sections, including the 

10 analyses required under chapter 6 of title 5, United States 

11 Code. 

12 (b) EXCEPTIONS.— 

13 (1) SMALL NUMBERS AFFECTED.—Sections 302 

14 and 303 shall not apply to any proposed or final rule 

15 if— 

16 (A) the head of the agency certifies that 

17 the rule will not, if promulgated, have a signifi18 cant economic, environmental, or public health 

19 impact on a substantial number of members of 

20 1 or more frontline communities; and 

21 (B) the head of the Office, in consultation 

22 with the Board of Advisors, approves of the cer23 tification under subparagraph (A). 


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1 (2) CERTIFICATION.—If the head of the agency 

2 makes a certification under paragraph (1)(A), the 

3 agency shall— 

4 (A) publish the certification in the Federal 

5 Register at the time of publication of general 

6 notice of proposed rulemaking for the rule or at 

7 the time of publication of the final rule, along 

8 with a statement providing the factual basis for 

9 such certification; and 

10 (B) provide the certification and statement 

11 described in subparagraph (A) to the head of 

12 the Office. 

13 (c) SIMILAR RULES.—In order to avoid duplicative 

14 action, at the discretion of the Board of Advisors and in 

15 consultation with the applicable Director, an agency may 

16 consider a series of closely related rules as 1 rule for the 

17 purposes of sections 301, 302, 303, and 306. 

18 SEC. 305. PROCEDURES FOR GATHERING COMMENTS. 

19 (a) IN GENERAL.—When a rule is promulgated that 

20 will have a significant economic, environmental, or public 

21 health impact on a substantial number of members of 1 

22 or more frontline communities, the head of the agency pro23 mulgating the rule shall ensure that frontline communities 

24 have been given an opportunity to participate in the rule25 making for the rule through, at a minimum— 


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1 (1) the inclusion in an advanced notice of pro2 posed rulemaking, if issued, of a statement that the 

3 proposed rule may have a significant economic, envi4 ronmental, or public health effect on a substantial 

5 number of members of 1 or more frontline commu6 nities; 

7 (2) the publication of general notice of proposed 

8 rulemaking in publications likely to be obtained by 

9 frontline communities; 

10 (3) the direct notification of interested frontline 

11 communities, including through community centers 

12 and schools; 

13 (4) the conduct of open conferences or public 

14 hearings concerning the rule for frontline commu15 nities, including soliciting and receiving comments 

16 over computer networks; and 

17 (5) the adoption or modification of agency pro18 cedural rules to reduce the cost or complexity of par19 ticipation in the rulemaking by frontline commu20 nities. 

21 (b) REQUIREMENTS.—Prior to publication of an ini22 tial climate and environmental justice analysis under sec23 tion 302(b)(1)(A) for a proposed rule— 

24 (1) an agency shall notify the head of the Office 

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1 ysis and provide the head of the Office with informa2 tion on— 

3 (A) the potential impacts of the proposed 

4 rule on frontline communities; and 

5 (B) the type of frontline communities that 

6 might be affected; 

7 (2) the agency shall ensure that frontline com8 munities have been given an opportunity to partici9 pate through public comment in accordance with 

10 subsection (a); 

11 (3) the agency shall carry out the review panel 

12 process described in subsection (c) for the proposed 

13 rule; and 

14 (4) the agency shall— 

15 (A) incorporate comments, advice, and rec16 ommendations from frontline communities; and 

17 (B) where appropriate, modify— 

18 (i) the proposed rule; or 

19 (ii) the initial climate and environ20 mental justice analysis. 

21 (c) REVIEW PANELS.— 

22 (1) FRONTLINE COMMUNITY REPRESENTATIVE

23 ADVISORY COMMITTEES.— 

24 (A) IDENTIFICATION OF REPRESENTA25 TIVES.—Not later than 30 days after the date 


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1 on which the head of the Office receives the ma2 terials described in subsection (b)(1) for a pro3 posed rule, the head of the Office, in coordina4 tion with the Board of Advisors, shall— 

5 (i) identify individuals representative 

6 of affected frontline communities; and 

7 (ii) appoint those individuals to an ad8 visory committee established for the pur9 pose of obtaining advice and recommenda10 tions from those individuals about the po11 tential impacts of the proposed rule. 

12 (B) NUMBER OF REPRESENTATIVES.— 

13 (i) IN GENERAL.—Subject to clause 

14 (ii), the number of individuals appointed to 

15 an advisory committee under subparagraph 

16 (A)(ii) shall be determined by the head of 

17 the Office, in coordination with the Board 

18 of Advisors, based on the scope of the pro19 posed rule described in that paragraph. 

20 (ii) MINIMUM.—Not fewer than 2 in21 dividuals shall be appointed under sub22 paragraph (A)(ii) with respect to each pro23 posed rule described in that subparagraph. 

24 (C) COMPENSATION.—A representative on 

25 an advisory committee who is not an officer or 


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1 employee of the Federal Government shall be 

2 compensated at a rate equal to the daily equiva3 lent of the annual rate of basic pay prescribed 

4 under chapter 51 and subchapter III of chapter 

5 53 of title 5, United States Code, for each day 

6 (including travel time) during which the rep7 resentative is engaged in the performance of the 

8 duties of the advisory committee. 

9 (D) TRAVEL EXPENSES.—A representative 

10 on an advisory committee shall be allowed trav11 el expenses, including per diem in lieu of sub12 sistence, at rates authorized for employees of 

13 agencies under subchapter I of chapter 57 of 

14 title 5, United States Code, while away from 

15 their homes or regular places of business in the 

16 performance of services for the advisory com17 mittee. 

18 (E) INAPPLICABILITY OF FACA.—The Fed19 eral Advisory Committee Act (5 U.S.C. App.) 

20 shall not apply to an advisory committee estab21 lished under subparagraph (A)(ii). 

22 (2) CONVENTION OF REVIEW PANELS.— 

23 (A) IN GENERAL.—An agency carrying out 

24 an initial climate and environmental justice 

25 analysis for a proposed rule under section 


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1 302(b)(1)(A) shall convene a review panel for 

2 the rule, consisting of— 

3 (i) full-time Federal employees of the 

4 office within the agency responsible for 

5 carrying out the proposed rule; 

6 (ii) the Director of the agency; 

7 (iii) full-time Federal employees of the 

8 Office of Information and Regulatory Af9 fairs within the Office of Management and 

10 Budget; 

11 (iv)(I) the head of the Office; or 

12 (II) 1 or more employees of the Of13 fice; and 

14 (v) 1 or more members of the Board 

15 of Advisors. 

16 (B) FUNCTIONS.—A review panel convened 

17 under subparagraph (A) shall— 

18 (i) review any material the agency has 

19 prepared in connection with this title, in20 cluding any draft proposed rule; and 

21 (ii) collect advice and recommenda22 tions of the advisory committee of frontline 

23 community representatives established 

24 under paragraph (1)(A)(ii) on— 


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1 (I) issues relating to the frontline 

2 community that are described in sub3 sections (b), (c), (d), and (e) of sec4 tion 302; and 

5 (II) any other relevant informa6 tion relating to the potential impact of 

7 the proposed rule on the frontline 

8 community. 

9 (C) REPORT.—Not later than 60 days 

10 after the date on which an agency convenes a 

11 review panel under subparagraph (A), the re12 view panel shall submit a report to the head of 

13 the agency on— 

14 (i) the comments and recommenda15 tions of the advisory committee of frontline 

16 community representatives established 

17 under paragraph (1)(A)(ii); and 

18 (ii) the findings of the review panel as 

19 to the issues described in subparagraph 

20 (B)(ii). 

21 (d) AGENCY DISCRETION.—The head of an agency 

22 may apply subsection (b) to rules that the head of the 

23 agency intends to certify under section 304(b), but that 

24 the head of the agency believes may have a greater than 


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1 de minimis impact on a substantial number of members 

2 of 1 or more frontline communities. 

3 SEC. 306. PERIODIC REVIEW OF RULES. 

4 (a) PERIODIC REVIEW.— 

5 (1) IN GENERAL.—Not later than 180 days 

6 after the date of enactment of this Act, each agency 

7 shall publish in the Federal Register a plan for the 

8 periodic review of the rules issued by the agency that 

9 have or will have a significant economic, environ10 mental, or public health impact on a substantial 

11 number of members of 1 or more frontline commu12 nities. 

13 (2) AMENDMENTS.—The plan under paragraph 

14 (1) may be amended by an agency at any time by 

15 publishing the revision in the Federal Register. 

16 (3) PURPOSE.—The purpose of the periodic re17 view under paragraph (1) shall be to determine 

18 whether the rules subject to the review should be— 

19 (A) continued without change; or 

20 (B) amended, consistent with the statutes 

21 under which the rules were issued, to minimize 

22 any significant economic, environmental, or 

23 public health impact of the rules on a substan24 tial number of members of 1 or more frontline 

25 communities. 


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1 (4) REVIEW OF EXISTING RULES.—The plan 

2 under paragraph (1) shall provide for the review of 

3 rules of the agency under that paragraph to be com4 pleted— 

5 (A) for rules of the agency existing on the 

6 date of enactment of this Act, not later than 

7 the date that is 10 years after the date of en8 actment of this Act; and 

9 (B) for rules of the agency adopted after 

10 the date of enactment of this Act, not later 

11 than the date that is 10 years after the date on 

12 which the final rule is issued. 

13 (b) CONSIDERATIONS.—In reviewing rules under the 

14 plan under subsection (a)(1) to minimize negative or maxi15 mize positive significant economic, environmental, or pub16 lic health impact of the rule on a substantial number of 

17 members of 1 or more frontline communities in a manner 

18 consistent with the stated objectives of applicable statutes, 

19 the agency shall consider— 

20 (1) the impact of the rule on the relevant front21 line communities; and 

22 (2) the length of time since the rule has been 

23 evaluated or the degree to which technology, eco24 nomic conditions, or other factors have changed that 

25 are relevant to the rule. 


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1 (c) ANNUAL LIST.— 

2 (1) IN GENERAL.—Each year, the head of each 

3 agency shall publish in the Federal Register a list of 

4 the rules which have a significant economic, environ5 mental, or public health impact on a substantial 

6 number of members of 1 or more frontline commu7 nities, which are to be reviewed pursuant to this sec8 tion during the 12-month period starting on the date 

9 of the publication of the list. 

10 (2) REQUIREMENT.—The list under paragraph 

11 (1) shall— 

12 (A) include— 

13 (i) a brief description of each rule; 

14 and 

15 (ii) the need for and legal basis of 

16 each rule; and 

17 (B) invite public comment on each rule. 

18 (d) EXCEPTIONS.— 

19 (1) SMALL NUMBERS AFFECTED.—This section 

20 shall not apply to a rule if— 

21 (A) the head of the agency certifies that 

22 the rule does not or will not have a significant 

23 economic, environmental, or public health im24 pact on a substantial number of members of 1 

25 or more frontline communities; and 


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1 (B) the head of the Office, in consultation 

2 with the Board of Advisors, approves of the cer3 tification under subparagraph (A). 

4 (2) CERTIFICATION.—If the head of the agency 

5 makes a certification under paragraph (1)(A), the 

6 agency shall— 

7 (A) publish the certification in the Federal 

8 Register, along with a statement providing the 

9 factual basis for such certification; and 

10 (B) provide the certification and statement 

11 described in subparagraph (A) to the head of 

12 the Office. 

13 SEC. 307. JUDICIAL REVIEW. 

14 (a) JUDICIAL REVIEW.— 

15 (1) FINAL AGENCY ACTION.— 

16 (A) IN GENERAL.—For any rule subject to 

17 this title, a frontline community that is relevant 

18 with regard to a final agency action is entitled 

19 to judicial review of agency compliance with the 

20 requirements of sections 303, 304(b), and 306 

21 in accordance with chapter 7 of title 5, United 

22 States Code. 

23 (B) COMPLIANCE.—Agency compliance 

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1 able in connection with judicial review of section 

2 303. 

3 (2) JURISDICTION.— 

4 (A) IN GENERAL.—Each court having ju5 risdiction to review a rule for compliance with 

6 section 553 of title 5, United States Code, or 

7 under any other provision of law, shall have ju8 risdiction to review any claims of noncompliance 

9 with sections 303, 304(b), and 306 in accord10 ance with chapter 7 of title 5, United States 

11 Code. 

12 (B) COMPLIANCE.—Agency compliance 

13 with section 305(a) shall be judicially review14 able in connection with judicial review of section 

15 303. 

16 (3) LIMITATION.—A frontline community may 

17 seek a review described in paragraph (1) during the 

18 period— 

19 (A) beginning on the date of final agency 

20 action; and 

21 (B) ending on the later of— 

22 (i) the date required by the statute 

23 under which the applicable rule was issued; 

24 and 


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1 (ii) 1 year after the date described in 

2 subparagraph (A). 

3 (4) RELIEF.—In granting any relief in an ac4 tion under this section, the court shall order the 

5 agency to take corrective action consistent with this 

6 title and chapter 7 of title 5, United States Code, 

7 including— 

8 (A) remanding the rule to the agency for 

9 correction; and 

10 (B) deferring the enforcement of the rule 

11 against frontline communities unless the court 

12 finds that continued enforcement of the rule is 

13 in the public interest. 

14 (5) NO LIMITATION OF AUTHORITY.—Nothing 

15 in this subsection limits the authority of a court to 

16 stay the effective date of a rule, or provision of a 

17 rule, under any other provision of law or to grant 

18 any other relief in addition to the requirements of 

19 this section. 

20 (b) RECORD.—In an action for the judicial review of 

21 a rule, the climate and environmental justice analysis for 

22 that rule, including an initial climate and environmental 

23 justice analysis prepared or corrected pursuant to sub24 section (a)(4)(A), shall constitute part of the entire record 

25 of agency action in connection with such review. 


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1 (c) COMPLIANCE.—Compliance or noncompliance by 

2 an agency with the provisions of this title shall be subject 

3 to judicial review only in accordance with this section. 

4 (d) SAVINGS.—Nothing in this section bars judicial 

5 review of any other impact statement or similar analysis 

6 required by any other law if judicial review of such state7 ment or analysis is otherwise permitted by law. 

8 SEC. 308. AVAILABILITY. 

9 Any analysis conducted, or other document prepared, 

10 under this title shall be made available to the public 

11 through the Office. 

12 TITLE IV—FEDERAL 

13 INVESTMENTS 

14 SEC. 401. REVIEW OF FEDERAL INVESTMENTS. 

15 (a) IDENTIFICATION.—Not later than 2 years after 

16 the date of enactment of this Act, and every 5 years there17 after, the head of the Office shall work with the head of 

18 each agency to determine which investments of the agency 

19 have an environmental or climate change nexus. 

20 (b) REVIEW.— 

21 (1) IN GENERAL.—Not later than 5 years after 

22 the date of enactment of this Act, for each invest23 ment of an agency identified under subsection (a), 

24 the Director of the agency and the head of the agen25 cy shall carry out a review of the investment to enVerDate Sep 11 2014 23:15 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S4513.IS S4513

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1 sure that, to the extent allowable by law, frontline 

2 communities benefit from the investment. 

3 (2) REQUIREMENTS.—The review under para4 graph (1) shall include— 

5 (A) an examination of the eligibility re6 quirements for the investment to ensure that 

7 frontline communities can compete to receive 

8 the investment; 

9 (B) an examination of the assistance or 

10 options for required non-Federal cost shares for 

11 applicants that are, or serve, frontline commu12 nities; 

13 (C) an examination of whether priority for 

14 the investment may be given if the applicant is 

15 or primarily serves a frontline community; and 

16 (D) an examination of the diversity of the 

17 historical recipients of the investment. 

18 (c) NEW INVESTMENTS.—Notwithstanding any other 

19 provision of law, a new investment with an environmental 

20 or climate change nexus shall undergo an assessment to 

21 ensure that— 

22 (1) to the extent allowed by the laws governing 

23 the investment, frontline communities benefit from 

24 the investment; 


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1 (2) an examination of the eligibility require2 ments for the investment to ensure that frontline 

3 communities can compete to receive the investment; 

4 (3) an examination of the assistance or options 

5 for required non-Federal cost shares for applicants 

6 that are, or serve, frontline communities; 

7 (4) an examination of whether priority for the 

8 investment may be given if the applicant is or pri9 marily serves a frontline community; and 

10 (5) an examination of how to increase the diver11 sity of recipients of the investment. 

12 (d) RETROSPECTIVE REVIEW.—Not less frequently 

13 than once every 10 years, the head of the Office shall work 

14 with the head of each agency and the Director of that 

15 agency to review the application and administration of any 

16 investment of the agency with an environmental or climate 

17 change nexus to ensure that the investment is serving 

18 frontline communities. 

19 (e) FINAL REPORT.— 

20 (1) IN GENERAL.—After an agency carries out 

21 a review under subsection (b), (c), or (d), the head 

22 of the agency shall, in coordination with a review 

23 panel under section 402(b), if any, prepare a final 

24 report describing the results of the review. 


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1 (2) REQUIREMENTS.—A final report under 

2 paragraph (1) shall contain— 

3 (A) a statement of the need for, and the 

4 objectives of, the investment; 

5 (B) a statement of— 

6 (i) the recommendations of the review 

7 panel under section 402(d)(2), if any; and 

8 (ii) any changes made in the imple9 mentation of the investment as a result of 

10 the recommendations described in clause 

11 (i), if any; and 

12 (C) a description of the steps the agency 

13 has taken to ensure that frontline communities 

14 benefit from the investment, including a de15 scription of the factual, policy, and legal rea16 sons why each of the recommendations de17 scribed in subparagraph (B)(i), if any, was re18 jected or adopted. 

19 (3) CONSIDERATION.—In preparing a final re20 port under paragraph (1), the head of the agency 

21 with jurisdiction over an investment subject to addi22 tional review under section 402, in coordination with 

23 the head of the Office, shall give strong consider24 ation to the findings and recommendations described 

25 in the report under section 402(d). 


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1 (4) PUBLICATION.—The head of the agency 

2 preparing the final report under paragraph (1) shall 

3 publish in the Federal Register— 

4 (A) the final report; or 

5 (B) a summary of the final report. 

6 SEC. 402. ADDITIONAL REVIEW. 

7 (a) IDENTIFICATION.—If the head of the Office, in 

8 coordination with the Board of Advisors and the applicable 

9 Director, determines that an investment subject to a re10 view under subsection (b), (c), or (d) of section 401 re11 quires additional review, or the head of the Office directs 

12 the review of an investment in accordance with section 

13 403, the head of the Office, in coordination with the Board 

14 of Advisors and the applicable Director, shall identify indi15 viduals representative of affected frontline communities 

16 and allies of frontline communities for the purpose of ob17 taining advice and recommendations from those individ18 uals for changes to the administrative or substantive as19 pects of the investment that are not properly serving 

20 frontline communities. 

21 (b) REVIEW PANELS.—If the head of the Office, in 

22 coordination with the Board of Advisors and the applicable 

23 Director, determines convening a review panel for an in24 vestment subject to a review under subsection (b), (c), or 

25 (d) of section 401 to be necessary, or the head of the OfVerDate Sep 11 2014 23:15 Aug 27, 2020 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S4513.IS S4513

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1 fice directs the review of an investment in accordance with 

2 section 403, the head of the Office shall convene such a 

3 review panel, consisting of— 

4 (1)(A) the head of the Office; or 

5 (B) 1 or more employees of the Office; 

6 (2) 1 or more members of the Board of Advi7 sors; 

8 (3) the Director of the agency; and 

9 (4) full-time Federal employees of the office 

10 within the agency responsible for carrying out the 

11 proposed rule. 

12 (c) FUNCTION.—A review panel convened under sub13 section (b) shall collect advice and recommendations of 

14 each individual frontline community representative and 

15 ally identified under subsection (a), after consultation with 

16 the head of the Office, on issues relating to the adminis17 trative or substantive aspects of the investment that are 

18 not properly serving frontline communities. 

19 (d) REPORT.—Not later than 60 days after the head 

20 of the Office convenes a review panel under subsection (b), 

21 the review panel shall submit to the head of the Office 

22 and the agency with jurisdiction over the investment a re23 port describing— 


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1 (1) the comments of the review panel on the ad2 vice and recommendations of frontline communities 

3 and allies collected under subsection (c); and 

4 (2) the findings and recommendations of the re5 view panel. 

6 (e) PUBLICATION.—The head of the agency with ju7 risdiction over an investment subject to additional review 

8 under this section shall publish in the Federal Register— 

9 (1) the report of the review panel under sub10 section (d); or 

11 (2) a summary of the report of the review panel 

12 under subsection (d). 

13 SEC. 403. NONSCHEDULED REVIEW. 

14 The head of the Office may direct a review under sec15 tion 402 of an investment with respect to which sufficient 

16 complaints have been brought from 1 or more frontline 

17 communities or allies. 

18 SEC. 404. AVAILABILITY. 

19 Any review or analysis conducted, or other document 

20 prepared, under this title shall be made available to the 

21 public through the Office. 


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1 TITLE V—SUBNATIONAL 

2 GUIDANCE 

3 SEC. 501. GUIDANCE FOR DEVELOPMENT OF IMPLEMENTA4 TION PLANS. 

5 (a) DEFINITION OF STATE IMPLEMENTATION

6 PLAN.—In this section, the term ‘‘State implementation 

7 plan’’ means a plan or a component of a plan established 

8 by a State to implement a Federal law or regulation with 

9 an environmental or climate change nexus. 

10 (b) GUIDANCE.—Not later than 180 days after the 

11 date of enactment of this Act, the head of the Office shall 

12 issue guidance for States for the consideration of, and con13 sultation with, frontline communities in the process of de14 veloping a State implementation plan. 

Æ 


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