I 

117TH CONGRESS 

1ST SESSION H. R. 2394 

To provide for the establishment of a Climate Justice Working Group to 

help guide the Nation’s just and equitable transition towards a clean, 

climate-resilient, zero-emission economy, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 8, 2021 

Ms. CLARKE of New York (for herself, Ms. VELA ́ZQUEZ, Ms. BARRAGA ́N, Ms. 

NORTON, Ms. MOORE of Wisconsin, Mr. BLUMENAUER, Mr. GRIJALVA, 

Mr. NADLER, Mr. BOWMAN, Ms. CHU, Mr. ESPAILLAT, Ms. BLUNT

ROCHESTER, Ms. LEE of California, Ms. MATSUI, and Ms. MENG) introduced the following bill; which was referred to the Committee on Energy 

and Commerce, and in addition to the Committee on Natural Resources, 

for a period to be subsequently determined by the Speaker, in each case 

for consideration of such provisions as fall within the jurisdiction of the 

committee concerned 

A BILL 

To provide for the establishment of a Climate Justice Working Group to help guide the Nation’s just and equitable 

transition towards a clean, climate-resilient, zero-emission economy, 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. 

4 This Act may be cited as the ‘‘Climate Justice Act 

5 of 2021’’. 


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1 SEC. 2. CLIMATE JUSTICE WORKING GROUP. 

2 (a) ESTABLISHMENT.—Not later than 60 days after 

3 the date of enactment of this Act, the President shall es4 tablish an advisory committee, to be known as the Climate 

5 Justice Working Group, to advise on the Nation’s just and 

6 equitable transition towards a clean, climate-resilient, 

7 zero-emission economy. 

8 (b) MEMBERSHIP.— 

9 (1) TOTAL NUMBER.—The Working Group 

10 shall be comprised of no fewer than 22 members. 

11 (2) QUALIFICATIONS.—The members of the 

12 Work Group shall have significant expertise or expe13 rience in matters relating to— 

14 (A) climate change and environmental pol15 lution; and 

16 (B) the impacts of climate change and en17 vironmental pollution on frontline and disadvan18 taged communities. 

19 (3) APPOINTMENT.—The members of the 

20 Working Group shall be appointed by the President 

21 and shall include at a minimum the following rep22 resentatives: 

23 (A) Eight representatives from frontline 

24 community-based organizations with experience 

25 with, and a history of, advocacy regarding envi26 ronmental justice or climate justice and equity 


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1 issues. The representatives appointed pursuant 

2 to this subparagraph shall include at least one 

3 from each of a coastal community, a rural com4 munity, an urban community, and a Tribal 

5 community. 

6 (B) One representative from the Environ7 mental Protection Agency. 

8 (C) One representative from the Depart9 ment of Transportation. 

10 (D) One representative from the Depart11 ment of the Interior. 

12 (E) One representative from the Depart13 ment of Energy. 

14 (F) One representative from the Depart15 ment of Housing and Urban Development. 

16 (G) One representative from the Federal 

17 Emergency Management Agency. 

18 (H) One public health representative from 

19 the Department of Health and Human Services. 

20 (I) One representative from the Council on 

21 Environmental Quality. 

22 (J) Two representatives from local govern23 ment. 

24 (K) Two representatives from State gov25 ernment. 


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1 (L) Two representatives from Tribal gov2 ernment. 

3 (c) DUTIES.— 

4 (1) IN GENERAL.—The Working Group shall 

5 advise and provide recommendations to the Presi6 dent and Federal agencies on or relating to the just 

7 and equitable creation and implementation of goals 

8 and initiatives to transition towards a clean, climate9 resilient, zero-emission economy, including through 

10 reduction of greenhouse gas emissions and copollut11 ants. 

12 (2) CORE FUNCTIONS.— 

13 (A) CRITERIA AND METRICS.—The Work14 ing Group, in consultation with relevant Fed15 eral agencies, interagency councils, White 

16 House offices, and advisory councils, shall es17 tablish a robust set of criteria and metrics to 

18 identify climate-burdened communities for the 

19 purposes of informing relevant Federal initia20 tives to geographically map the location of dis21 advantaged or vulnerable communities and of 

22 achieving a just and equitable transition to23 wards a clean, climate-resilient, zero-emission 

24 economy. Such criteria and metrics shall be es25 tablished based on geographic, public health, 


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1 environmental hazard, and socioeconomic con2 siderations, including such considerations as— 

3 (i) a disproportionate prevalence of 

4 negative health conditions; 

5 (ii) cumulative environmental pollu6 tion and other hazards that can lead to 

7 negative public health effects; 

8 (iii) proximity to existing environ9 mental pollution and degradation, polluting 

10 facilities, waste sites, or natural resource 

11 extraction sites; 

12 (iv) vulnerability to the impacts of cli13 mate change such as flooding, drought, 

14 storm surges, and urban heat island ef15 fects; 

16 (v) vulnerability to displacement due 

17 to the impacts of climate change or other 

18 socioeconomic forces; 

19 (vi) access to green space; 

20 (vii) historical and present-day dis21 crimination on the basis of race, ethnicity, 

22 gender, national origin, immigration sta23 tus, or other demographic factors; 

24 (viii) historical or present-day experi25 ence of economic transition, 


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1 deindustrialization, or chronic underinvest2 ment; 

3 (ix) income and wealth; 

4 (x) rent burden; 

5 (xi) home ownership; 

6 (xii) educational attainment; 

7 (xiii) linguistic isolation; and 

8 (xiv) such other considerations as the 

9 Working Group considers appropriate. 

10 (B) GUIDING PRINCIPLES.—The Working 

11 Group, in consultation with relevant Federal 

12 agencies, interagency councils, White House of13 fices, and advisory councils, shall establish guid14 ing principles and recommendations for ensur15 ing that, with respect to climate-burdened com16 munities, all Federal goals and initiatives in17 volving greenhouse gas emissions, copollutant 

18 reductions, and the allocation of Federal invest19 ments related to achieving a clean, climate-resil20 ient, zero-emission economy— 

21 (i) prioritize and directly benefit such 

22 communities; 

23 (ii) do not produce new or exacerbate 

24 existing disproportionate health, environVerDate Sep 11 2014 05:34 May 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2394.IH H2394

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1 mental, or socioeconomic burdens in such 

2 communities; and 

3 (iii) include meaningful public con4 sultation and engagement with members of 

5 such communities. 

6 (C) COMMUNITY ENGAGEMENT.—In car7 rying out subparagraphs (A) and (B), the 

8 Working Group shall initiate and carry out pub9 lic engagement, particularly with residents and 

10 stakeholders from disadvantaged and front-line 

11 communities, to ensure that the public has 

12 input into the criteria and metrics under sub13 paragraph (A) and the guiding principles and 

14 recommendations under subparagraph (B). 

15 (D) DRAFT REPORT.—Before finalizing the 

16 criteria and metrics under subparagraph (A) 

17 and the guiding principles and recommenda18 tions under subparagraph (B), the Working 

19 Group shall— 

20 (i) publish a draft report containing a 

21 list of the proposed criteria and metrics 

22 and guiding principles and recommenda23 tions; 

24 (ii) make such draft report available 

25 on an easily accessible public website; and 


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1 (iii) deliver such draft report to the 

2 Committee on Energy and Commerce of 

3 the House of Representatives and the 

4 Committee on Environment and Public 

5 Works of the Senate. 

6 (E) PUBLIC INPUT.— 

7 (i) COMMENT PERIOD.—After pub8 lishing the draft report under subpara9 graph (D), the Working Group shall pro10 vide a period of at least 120 days for the 

11 submission of public comment on the draft 

12 report. 

13 (ii) PUBLIC HEARINGS.—During such 

14 120-day period, the Working Group shall 

15 hold at least four public hearings on the 

16 draft report in different geographic regions 

17 of the United States. 

18 (iii) MEANINGFUL OPPORTUNITIES.— 

19 The Working Group shall ensure there are 

20 meaningful opportunities for public com21 ment on the draft report from all segments 

22 of the population that might be impacted 

23 by the criteria and metrics under subpara24 graph (A) and the guiding principles and 

25 recommendations under subparagraph (B), 


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1 including persons living in areas that may 

2 be identified as climate-burdened commu3 nities under such criteria and metrics. 

4 (F) OUTREACH.—During the 120-day pe5 riod for public comment under subparagraph 

6 (E)(i), and as soon as practicable, the Working 

7 Group, in coordination with relevant Federal 

8 entities, shall perform targeted outreach to all 

9 segments of the population that might be im10 pacted by the criteria and metrics under sub11 paragraph (A) and the guiding principles and 

12 recommendations under subparagraph (B) in 

13 order to inform such persons about the draft 

14 report and ways to provide meaningful input on 

15 the finalization of the report. 

16 (G) FINAL REPORT.—Once public input 

17 has been sufficiently taken into account, and 

18 not later than 1 year after publication of the 

19 draft report under subparagraph (D), the 

20 Working Group shall— 

21 (i) publish a final report containing 

22 the criteria and metrics under subpara23 graph (A) and the guiding principles and 

24 recommendations under subparagraph (B), 

25 including in a downloadable report made 


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1 available on an easily accessible public 

2 website; and 

3 (ii) deliver such final report to the 

4 Committee on Energy and Commerce of 

5 the House of Representatives, the Com6 mittee on Environment and Public Works 

7 of the Senate, and the President. 

8 (d) FEDERAL EXPERTS.—In carrying out this Act, 

9 the Working Group may call upon experts at Federal 

10 agencies and White House offices to provide testimony and 

11 advice. 

12 (e) MEETINGS.—The Working Group shall meet not 

13 less than annually to review and provide guidance on Fed14 eral goals and initiatives for the Nation’s just and equi15 table transition towards a clean, climate-resilient, zero16 emission economy, including to review and modify as nec17 essary any of the criteria and metrics established pursuant 

18 to subsection (c)(2)(A), or the guiding principles and rec19 ommendations established pursuant to subsection 

20 (c)(2)(B). 

21 (f) COMPENSATION AND EXPENSES.—Any nonfeder22 ally employed member of the Working Group, when at23 tending meetings of the Working Group or when otherwise 

24 engaged in the business of the Working Group, shall re25 ceive— 


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1 (1) compensation at a rate fixed by the Sec2 retary, not exceeding the daily equivalent of the cur3 rent rate of basic pay in effect for GS–15 of the 

4 General Schedule under section 5332 of title 5, 

5 United States Code, including travel time; and 

6 (2) travel or transportation expenses under sec7 tion 5703 of title 5, United States Code. 

8 (g) APPLICABILITY OF FEDERAL ADVISORY COM9 MITTEE ACT.— 

10 (1) IN GENERAL.—Subject to paragraph (2), 

11 the Federal Advisory Committee Act (5 U.S.C. 

12 App.) shall apply to the Working Group. 

13 (2) TERMINATION.—The termination require14 ments under section 14 of the Federal Advisory 

15 Committee Act (5 U.S.C. App.) shall not apply to 

16 the Working Group. 

17 (h) DEFINITIONS.—In this section: 

18 (1) The term ‘‘frontline community-based orga19 nization’’ means a local nonprofit advocacy organiza20 tion that represents frontline communities that are 

21 most vulnerable to the impacts of climate change or 

22 burdened by environmental pollution. 

23 (2) The term ‘‘Working Group’’ means the Cli24 mate Justice Working Group established pursuant to 

25 subsection (a). 


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1 SEC. 3. IMPLEMENTATION BY FEDERAL AGENCIES OF CRI2 TERIA, METRICS, GUIDING PRINCIPLES, AND 

3 RECOMMENDATIONS. 

4 No later than 90 days after the completion of the 

5 final report under section 2(c)(2)(G), the President 

6 shall— 

7 (1) direct all relevant Federal agencies, White 

8 House offices, Federal interagency councils, and 

9 other relevant Federal entities— 

10 (A) to incorporate the criteria and metrics 

11 under subsection (c)(2)(A) to identify climate12 burdened communities, including for the pur13 pose of informing any relevant initiatives to 

14 geographically map the location of disadvan15 taged or vulnerable communities, including the 

16 Environmental Protection Agency’s EJScreen 

17 tool; and 

18 (B) to incorporate the guiding principles 

19 and recommendations under section 2(c)(2)(B) 

20 into plans, strategies, and programs to the 

21 maximum extent possible, including for the pur22 pose of prioritizing investment and directing 

23 programmatic resources towards climate-bur24 dened communities, including through the 

25 Justice40 Initiative; and 


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1 (2) issue to the Committee on Energy and 

2 Commerce of the House of Representatives and the 

3 Committee on Environment and Public Works of the 

4 Senate, and make available to the public, a report 

5 specifying— 

6 (A) the steps taken to comply with para7 graphs (1) and (2); and 

8 (B) how the Climate Justice Working 

9 Group will continue to be utilized and involved 

10 in upcoming Federal planning and initiatives 

11 related to supporting a just and equitable tran12 sition towards a clean, climate-resilient, zero13 emission economy. 

Æ 


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