I 

116TH CONGRESS 

2D SESSION H. R. 8019 

To ensure climate and environmental justice accountability, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 11, 2020 

Ms. OCASIO-CORTEZ introduced the following bill; which was referred to the 

Committee on Oversight and Reform, and in addition to the Committees 

on the Budget, Rules, the Judiciary, Energy and Commerce, Science, 

Space, and Technology, and 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 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. 


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TITLE I—CONGRESSIONAL EQUITY SCORE 

Sec. 101. Climate and Environmental Equity Office. 

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. 

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 21:21 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8019.IH H8019

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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 21:21 Aug 29, 2020 Jkt 099200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H8019.IH H8019

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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) REQUIREMENTS.—The definition under sub6 section (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) UPDATES.—The Board of Advisors shall 

6 iteratively reexamine the definition of ‘‘frontline commu7 nity’’ established under subsection (a) and update that 

8 definition, as the Board of Advisors determines to be ap9 propriate. 

10 TITLE III—RULES AND 

11 REGULATIONS 

12 SEC. 301. CLIMATE AND ENVIRONMENTAL JUSTICE AC13 COUNTABILITY AGENDA. 

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

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

16 Federal Register a climate and environmental justice ac17 countability agenda (referred to in this section as the 

18 ‘‘agenda’’) which shall contain— 

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

20 any rule which the agency expects to propose or pro21 mulgate which is likely to have a significant positive 

22 or negative economic, public health, or environ23 mental impact on a substantial number of residents 

24 within 1 or more frontline communities; 

25 (2) a summary of— 


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1 (A) the nature of each rule under consider2 ation for each subject area listed in the agenda 

3 pursuant to paragraph (1); 

4 (B) the objectives and legal basis for the 

5 issuance of each rule listed in the agenda pur6 suant to paragraph (1); and 

7 (C) an approximate schedule for com8 pleting action on any rule for which the agency 

9 has issued a general notice of proposed rule10 making; and 

11 (3) the name and telephone number of an agen12 cy official knowledgeable concerning the items listed 

13 in paragraph (1). 

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

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

16 (c) FRONTLINE COMMUNITIES.—Each agency 

17 shall— 

18 (1) provide notice of each agenda to frontline 

19 communities or representatives of the frontline com20 munities through— 

21 (A) direct notification of frontline commu22 nities; or 

23 (B) publication of the agenda in publica24 tions likely to be obtained by frontline commu25 nities; and 


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

2 agenda. 

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

4 (1) precludes an agency from considering or 

5 acting on any matter not included in an agenda of 

6 the agency; or 

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

8 matter listed in the agenda. 

9 SEC. 302. INITIAL CLIMATE AND ENVIRONMENTAL JUSTICE 

10 ANALYSIS. 

11 (a) DETERMINATION OF POTENTIAL SIGNIFICANT

12 IMPACT.— 

13 (1) IN GENERAL.—Whenever an agency is re14 quired by section 553 of title 5, United States Code, 

15 or any other law, to publish a general notice of pro16 posed rulemaking for a proposed rule, or publishes 

17 a notice of proposed rulemaking for an interpretative 

18 rule involving the internal revenue laws of the 

19 United States, the Board of Advisors, in coordina20 tion with the Director of the agency, shall determine 

21 whether the proposed rule may have a significant 

22 impact on 1 or more frontline communities. 

23 (2) DETERMINATION OF NO POTENTIAL SIG24 NIFICANT IMPACT.—If the Board of Advisors deter25 mines under paragraph (1) that a proposed rule will 


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1 not have a significant impact on 1 or more frontline 

2 communities, the Board of Advisors shall make pub3 licly available on the website of the Office and pub4 lish in the Federal Register a statement of the ra5 tionale for that determination. 

6 (b) INITIAL REGULATORY ANALYSIS.— 

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

8 the case of a proposed rule that the Board of Advi9 sors determines may have a significant impact on 1 

10 or more frontline communities under subsection 

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

12 (A) in coordination with the Director of 

13 the agency, prepare an initial climate and envi14 ronmental justice analysis; and 

15 (B) make available for public comment the 

16 initial climate and environmental justice anal17 ysis under subparagraph (A). 

18 (2) REQUIREMENTS.— 

19 (A) IMPACT ON FRONTLINE COMMU20 NITIES.—An initial climate and environmental 

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

22 describe the quantitative and qualitative im23 pacts of the proposed rule on frontline commu24 nities, including cultural impacts. 


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1 (B) PUBLICATION.—The initial climate 

2 and environmental justice analysis under para3 graph (1)(A), or a summary of that analysis, 

4 shall be published in the Federal Register at 

5 the time of the publication of the general notice 

6 of proposed rulemaking for the rule. 

7 (3) TRANSMISSION.—The agency shall transmit 

8 a copy of the initial climate and environmental jus9 tice analysis under paragraph (1)(A) to the head of 

10 the Office. 

11 (c) REQUIREMENTS.—Each initial climate and envi12 ronmental justice analysis under subsection (b)(1)(A) 

13 shall contain— 

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

15 the agency is being considered; 

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

17 and legal basis for, the proposed rule; 

18 (3) a description of and, where feasible, an esti19 mate of the number of residents of frontline commu20 nities on which the proposed rule will have a signifi21 cant impact; 

22 (4) a description of the impact to individual 

23 frontline communities; 


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1 (5) a description of input and comments from 

2 coordination with frontline communities under sec3 tion 305; 

4 (6) a justification for the incorporation or rejec5 tion of any comments from coordination with front6 line communities under section 305; 

7 (7) a description of the individuals and groups 

8 from the coordination with frontline communities 

9 under section 305; and 

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

11 of all relevant Federal rules which may duplicate, 

12 overlap, or conflict with the proposed rule. 

13 (d) SIGNIFICANT ALTERNATIVES.—An initial climate 

14 and environmental justice analysis under subsection 

15 (b)(1)(A) shall contain a description of any significant al16 ternatives to the proposed rule that— 

17 (1) accomplish the stated objectives of applica18 ble statutes; and 

19 (2)(A) minimize any significant negative eco20 nomic, environmental, or public health impact of the 

21 proposed rule on frontline communities; or 

22 (B) maximize any significant positive economic, 

23 environmental, or public health impact of the pro24 posed rule on frontline communities. 


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1 (e) PROJECTED IMPACTS.—An initial climate and en2 vironmental justice analysis under subsection (b)(1)(A) 

3 shall include a description of— 

4 (1) any projected economic, environmental, or 

5 public health impacts, positive or negative, on front6 line communities as a result of the proposed rule; 

7 (2) any potential cumulative impact on frontline 

8 communities that results from the proposed rule, in 

9 combination with previously promulgated rules; 

10 (3) any significant alternatives to the proposed 

11 rule that— 

12 (A) accomplish the stated objectives of ap13 plicable statutes; and 

14 (B)(i) minimize any significant negative 

15 economic, environmental, or public health im16 pact of the proposed rule on frontline commu17 nities; or 

18 (ii) maximize any significant positive eco19 nomic, environmental, or public health impact 

20 of the proposed rule on frontline communities; 

21 and 

22 (4) the advice and recommendations of rep23 resentatives of frontline communities under section 

24 305(c)(1) relating to issues described in paragraphs 

25 (1), (2), and (3). 


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1 SEC. 303. FINAL CLIMATE AND ENVIRONMENTAL JUSTICE 

2 ANALYSIS. 

3 (a) FINAL ANALYSIS.— 

4 (1) IN GENERAL.—When an agency promul5 gates a final rule under section 553 of title 5, 

6 United States Code, after being required by that 

7 section or any other law to publish a general notice 

8 of proposed rulemaking, or promulgates a final in9 terpretative rule involving the internal revenue laws 

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

11 and the agency was required to prepare an initial 

12 climate and environmental justice analysis for the 

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

14 the agency shall prepare a final climate and environ15 mental justice analysis. 

16 (2) REQUIREMENTS.—Each final climate and 

17 environmental justice analysis under paragraph (1) 

18 shall contain— 

19 (A) a statement of the need for, and objec20 tives of, the rule; 

21 (B) a statement of— 

22 (i) the issues raised by frontline com23 munities through consultation under sec24 tion 305 in preparing the initial climate 

25 and environmental justice analysis under 

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


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1 (ii) an assessment of the issues de2 scribed in clause (i); and 

3 (iii) any modification to the proposed 

4 rule as a result of the assessment de5 scribed in clause (ii); 

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

7 comments filed by the head of the Office or the 

8 Board of Advisors in response to the proposed 

9 rule; and 

10 (ii) a detailed statement of any change 

11 made to the proposed rule in the final rule as 

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

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

14 number of residents of frontline communities to 

15 which the rule will apply or an explanation of 

16 why no such estimate is available; and 

17 (E) a description of the steps the agency 

18 has taken to minimize the negative, or maxi19 mize the positive, significant economic, environ20 mental, and public health impact on frontline 

21 communities that are consistent with the stated 

22 objectives of applicable statutes, including— 

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

24 and legal reasons for selecting the alter25 native adopted in the final rule; and 


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

2 other significant alternatives to the rule 

3 considered by the agency which affect the 

4 impact on frontline communities was re5 jected. 

6 (3) CONSIDERATION.—In developing the final 

7 climate and environmental justice analysis under 

8 paragraph (1), the agency shall give strong consider9 ation to the comments, recommendations, and find10 ings within a report of a review panel under section 

11 305(c)(6), if any, to ensure that benefits are maxi12 mized to impacted frontline communities. 

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

14 publish in the Federal Register the final climate and envi15 ronmental justice analysis under subsection (a)(1) or a 

16 summary of that analysis. 

17 SEC. 304. AVOIDANCE OF DUPLICATIVE OR UNNECESSARY 

18 ANALYSES. 

19 (a) SIMULTANEOUS ANALYSES.—An agency may per20 form the analyses required by sections 301, 302, and 303 

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

22 analysis required by any other law if the other analysis 

23 satisfies the provisions of those sections, including the 

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

25 Code. 


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1 (b) EXCEPTIONS.— 

2 (1) SMALL NUMBERS AFFECTED.—Sections 302 

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

4 if— 

5 (A) the head of the agency certifies that 

6 the rule will not, if promulgated, have a signifi7 cant economic, environmental, or public health 

8 impact on a substantial number of members of 

9 1 or more frontline communities; and 

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

11 with the Board of Advisors, approves of the cer12 tification under subparagraph (A). 

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

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

15 agency shall— 

16 (A) publish the certification in the Federal 

17 Register at the time of publication of general 

18 notice of proposed rulemaking for the rule or at 

19 the time of publication of the final rule, along 

20 with a statement providing the factual basis for 

21 such certification; and 

22 (B) provide the certification and statement 

23 described in subparagraph (A) to the head of 

24 the Office. 


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

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

3 consultation with the applicable Director, an agency may 

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

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

6 SEC. 305. PROCEDURES FOR GATHERING COMMENTS. 

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

8 will have a significant economic, environmental, or public 

9 health impact on a substantial number of members of 1 

10 or more frontline communities, the head of the agency pro11 mulgating the rule shall ensure that frontline communities 

12 have been given an opportunity to participate in the rule13 making for the rule through, at a minimum— 

14 (1) the inclusion in an advanced notice of pro15 posed rulemaking, if issued, of a statement that the 

16 proposed rule may have a significant economic, envi17 ronmental, or public health effect on a substantial 

18 number of members of 1 or more frontline commu19 nities; 

20 (2) the publication of general notice of proposed 

21 rulemaking in publications likely to be obtained by 

22 frontline communities; 

23 (3) the direct notification of interested frontline 

24 communities, including through community centers 

25 and schools; 


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1 (4) the conduct of open conferences or public 

2 hearings concerning the rule for frontline commu3 nities, including soliciting and receiving comments 

4 over computer networks; and 

5 (5) the adoption or modification of agency pro6 cedural rules to reduce the cost or complexity of par7 ticipation in the rulemaking by frontline commu8 nities. 

9 (b) REQUIREMENTS.—Prior to publication of an ini10 tial climate and environmental justice analysis under sec11 tion 302(b)(1)(A) for a proposed rule— 

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

13 of the initial climate and environmental justice anal14 ysis and provide the head of the Office with informa15 tion on— 

16 (A) the potential impacts of the proposed 

17 rule on frontline communities; and 

18 (B) the type of frontline communities that 

19 might be affected; 

20 (2) the agency shall ensure that frontline com21 munities have been given an opportunity to partici22 pate through public comment in accordance with 

23 subsection (a); 


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

2 process described in subsection (c) for the proposed 

3 rule; and 

4 (4) the agency shall— 

5 (A) incorporate comments, advice, and rec6 ommendations from frontline communities; and 

7 (B) where appropriate, modify— 

8 (i) the proposed rule; or 

9 (ii) the initial climate and environ10 mental justice analysis. 

11 (c) REVIEW PANELS.— 

12 (1) FRONTLINE COMMUNITY REPRESENTATIVE

13 ADVISORY COMMITTEES.— 

14 (A) IDENTIFICATION OF REPRESENTA15 TIVES.—Not later than 30 days after the date 

16 on which the head of the Office receives the ma17 terials described in subsection (b)(1) for a pro18 posed rule, the head of the Office, in coordina19 tion with the Board of Advisors, shall— 

20 (i) identify individuals representative 

21 of affected frontline communities; and 

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1 tions from those individuals about the po2 tential impacts of the proposed rule. 

3 (B) NUMBER OF REPRESENTATIVES.— 

4 (i) IN GENERAL.—Subject to clause 

5 (ii), the number of individuals appointed to 

6 an advisory committee under subparagraph 

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

8 the Office, in coordination with the Board 

9 of Advisors, based on the scope of the pro10 posed rule described in that paragraph. 

11 (ii) MINIMUM.—Not fewer than 2 in12 dividuals shall be appointed under sub13 paragraph (A)(ii) with respect to each pro14 posed rule described in that subparagraph. 

15 (C) COMPENSATION.—A representative on 

16 an advisory committee who is not an officer or 

17 employee of the Federal Government shall be 

18 compensated at a rate equal to the daily equiva19 lent of the annual rate of basic pay prescribed 

20 under chapter 51 and subchapter III of chapter 

21 53 of title 5, United States Code, for each day 

22 (including travel time) during which the rep23 resentative is engaged in the performance of the 

24 duties of the advisory committee. 


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1 (D) TRAVEL EXPENSES.—A representative 

2 on an advisory committee shall be allowed trav3 el expenses, including per diem in lieu of sub4 sistence, at rates authorized for employees of 

5 agencies under subchapter I of chapter 57 of 

6 title 5, United States Code, while away from 

7 their homes or regular places of business in the 

8 performance of services for the advisory com9 mittee. 

10 (E) INAPPLICABILITY OF FACA.—The Fed11 eral Advisory Committee Act (5 U.S.C. App.) 

12 shall not apply to an advisory committee estab13 lished under subparagraph (A)(ii). 

14 (2) CONVENTION OF REVIEW PANELS.— 

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

16 an initial climate and environmental justice 

17 analysis for a proposed rule under section 

18 302(b)(1)(A) shall convene a review panel for 

19 the rule, consisting of— 

20 (i) full-time Federal employees of the 

21 office within the agency responsible for 

22 carrying out the proposed rule; 

23 (ii) the Director of the agency; 

24 (iii) full-time Federal employees of the 

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1 fairs within the Office of Management and 

2 Budget; 

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

4 (II) 1 or more employees of the Of5 fice; and 

6 (v) 1 or more members of the Board 

7 of Advisors. 

8 (B) FUNCTIONS.—A review panel convened 

9 under subparagraph (A) shall— 

10 (i) review any material the agency has 

11 prepared in connection with this title, in12 cluding any draft proposed rule; and 

13 (ii) collect advice and recommenda14 tions of the advisory committee of frontline 

15 community representatives established 

16 under paragraph (1)(A)(ii) on— 

17 (I) issues relating to the frontline 

18 community that are described in sub19 sections (b), (c), (d), and (e) of sec20 tion 302; and 

21 (II) any other relevant informa22 tion relating to the potential impact of 

23 the proposed rule on the frontline 

24 community. 


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1 (C) REPORT.—Not later than 60 days 

2 after the date on which an agency convenes a 

3 review panel under subparagraph (A), the re4 view panel shall submit a report to the head of 

5 the agency on— 

6 (i) the comments and recommenda7 tions of the advisory committee of frontline 

8 community representatives established 

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

10 (ii) the findings of the review panel as 

11 to the issues described in subparagraph 

12 (B)(ii). 

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

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

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

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

17 de minimis impact on a substantial number of members 

18 of 1 or more frontline communities. 

19 SEC. 306. PERIODIC REVIEW OF RULES. 

20 (a) PERIODIC REVIEW.— 

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

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

23 shall publish in the Federal Register a plan for the 

24 periodic review of the rules issued by the agency that 

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1 mental, or public health impact on a substantial 

2 number of members of 1 or more frontline commu3 nities. 

4 (2) AMENDMENTS.—The plan under paragraph 

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

6 publishing the revision in the Federal Register. 

7 (3) PURPOSE.—The purpose of the periodic re8 view under paragraph (1) shall be to determine 

9 whether the rules subject to the review should be— 

10 (A) continued without change; or 

11 (B) amended, consistent with the statutes 

12 under which the rules were issued, to minimize 

13 any significant economic, environmental, or 

14 public health impact of the rules on a substan15 tial number of members of 1 or more frontline 

16 communities. 

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

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

19 rules of the agency under that paragraph to be com20 pleted— 

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

22 date of enactment of this Act, not later than 

23 the date that is 10 years after the date of en24 actment of this Act; and 


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1 (B) for rules of the agency adopted after 

2 the date of enactment of this Act, not later 

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

4 which the final rule is issued. 

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

6 plan under subsection (a)(1) to minimize negative or maxi7 mize positive significant economic, environmental, or pub8 lic health impact of the rule on a substantial number of 

9 members of 1 or more frontline communities in a manner 

10 consistent with the stated objectives of applicable statutes, 

11 the agency shall consider— 

12 (1) the impact of the rule on the relevant front13 line communities; and 

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

15 evaluated or the degree to which technology, eco16 nomic conditions, or other factors have changed that 

17 are relevant to the rule. 

18 (c) ANNUAL LIST.— 

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

20 agency shall publish in the Federal Register a list of 

21 the rules which have a significant economic, environ22 mental, or public health impact on a substantial 

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1 tion during the 12-month period starting on the date 

2 of the publication of the list. 

3 (2) REQUIREMENT.—The list under paragraph 

4 (1) shall— 

5 (A) include— 

6 (i) a brief description of each rule; 

7 and 

8 (ii) the need for and legal basis of 

9 each rule; and 

10 (B) invite public comment on each rule. 

11 (d) EXCEPTIONS.— 

12 (1) SMALL NUMBERS AFFECTED.—This section 

13 shall not apply to a rule if— 

14 (A) the head of the agency certifies that 

15 the rule does not or will not have a significant 

16 economic, environmental, or public health im17 pact on a substantial number of members of 1 

18 or more frontline communities; and 

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

20 with the Board of Advisors, approves of the cer21 tification under subparagraph (A). 

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

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

24 agency shall— 


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1 (A) publish the certification in the Federal 

2 Register, along with a statement providing the 

3 factual basis for such certification; and 

4 (B) provide the certification and statement 

5 described in subparagraph (A) to the head of 

6 the Office. 

7 SEC. 307. JUDICIAL REVIEW. 

8 (a) JUDICIAL REVIEW.— 

9 (1) FINAL AGENCY ACTION.— 

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

11 this title, a frontline community that is relevant 

12 with regard to a final agency action is entitled 

13 to judicial review of agency compliance with the 

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

15 in accordance with chapter 7 of title 5, United 

16 States Code. 

17 (B) COMPLIANCE.—Agency compliance 

18 with section 305(a) shall be judicially review19 able in connection with judicial review of section 

20 303. 

21 (2) JURISDICTION.— 

22 (A) IN GENERAL.—Each court having ju23 risdiction to review a rule for compliance with 

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

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1 risdiction to review any claims of noncompliance 

2 with sections 303, 304(b), and 306 in accord3 ance with chapter 7 of title 5, United States 

4 Code. 

5 (B) COMPLIANCE.—Agency compliance 

6 with section 305(a) shall be judicially review7 able in connection with judicial review of section 

8 303. 

9 (3) LIMITATION.—A frontline community may 

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

11 period— 

12 (A) beginning on the date of final agency 

13 action; and 

14 (B) ending on the later of— 

15 (i) the date required by the statute 

16 under which the applicable rule was issued; 

17 and 

18 (ii) 1 year after the date described in 

19 subparagraph (A). 

20 (4) RELIEF.—In granting any relief in an ac21 tion under this section, the court shall order the 

22 agency to take corrective action consistent with this 

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

24 including— 


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1 (A) remanding the rule to the agency for 

2 correction; and 

3 (B) deferring the enforcement of the rule 

4 against frontline communities unless the court 

5 finds that continued enforcement of the rule is 

6 in the public interest. 

7 (5) NO LIMITATION OF AUTHORITY.—Nothing 

8 in this subsection limits the authority of a court to 

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

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

11 any other relief in addition to the requirements of 

12 this section. 

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

14 a rule, the climate and environmental justice analysis for 

15 that rule, including an initial climate and environmental 

16 justice analysis prepared or corrected pursuant to sub17 section (a)(4)(A), shall constitute part of the entire record 

18 of agency action in connection with such review. 

19 (c) COMPLIANCE.—Compliance or noncompliance by 

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

21 to judicial review only in accordance with this section. 

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

23 review of any other impact statement or similar analysis 

24 required by any other law if judicial review of such state25 ment or analysis is otherwise permitted by law. 


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1 SEC. 308. AVAILABILITY. 

2 Any analysis conducted, or other document prepared, 

3 under this title shall be made available to the public 

4 through the Office. 

5 TITLE IV—FEDERAL 

6 INVESTMENTS 

7 SEC. 401. REVIEW OF FEDERAL INVESTMENTS. 

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

9 the date of enactment of this Act, and every 5 years there10 after, the head of the Office shall work with the head of 

11 each agency to determine which investments of the agency 

12 have an environmental or climate change nexus. 

13 (b) REVIEW.— 

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

15 the date of enactment of this Act, for each invest16 ment of an agency identified under subsection (a), 

17 the Director of the agency and the head of the agen18 cy shall carry out a review of the investment to en19 sure that, to the extent allowable by law, frontline 

20 communities benefit from the investment. 

21 (2) REQUIREMENTS.—The review under para22 graph (1) shall include— 

23 (A) an examination of the eligibility re24 quirements for the investment to ensure that 

25 frontline communities can compete to receive 

26 the investment; 


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1 (B) an examination of the assistance or 

2 options for required non-Federal cost shares for 

3 applicants that are, or serve, frontline commu4 nities; 

5 (C) an examination of whether priority for 

6 the investment may be given if the applicant is 

7 or primarily serves a frontline community; and 

8 (D) an examination of the diversity of the 

9 historical recipients of the investment. 

10 (c) NEW INVESTMENTS.—Notwithstanding any other 

11 provision of law, a new investment with an environmental 

12 or climate change nexus shall undergo an assessment to 

13 ensure that— 

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

15 the investment, frontline communities benefit from 

16 the investment; 

17 (2) an examination of the eligibility require18 ments for the investment to ensure that frontline 

19 communities can compete to receive the investment; 

20 (3) an examination of the assistance or options 

21 for required non-Federal cost shares for applicants 

22 that are, or serve, frontline communities; 

23 (4) an examination of whether priority for the 

24 investment may be given if the applicant is or pri25 marily serves a frontline community; and 


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1 (5) an examination of how to increase the diver2 sity of recipients of the investment. 

3 (d) RETROSPECTIVE REVIEW.—Not less frequently 

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

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

6 agency to review the application and administration of any 

7 investment of the agency with an environmental or climate 

8 change nexus to ensure that the investment is serving 

9 frontline communities. 

10 (e) FINAL REPORT.— 

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

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

13 of the agency shall, in coordination with a review 

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

15 report describing the results of the review. 

16 (2) REQUIREMENTS.—A final report under 

17 paragraph (1) shall contain— 

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

19 objectives of, the investment; 

20 (B) a statement of— 

21 (i) the recommendations of the review 

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

23 (ii) any changes made in the imple24 mentation of the investment as a result of 


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1 the recommendations described in clause 

2 (i), if any; and 

3 (C) a description of the steps the agency 

4 has taken to ensure that frontline communities 

5 benefit from the investment, including a de6 scription of the factual, policy, and legal rea7 sons why each of the recommendations de8 scribed in subparagraph (B)(i), if any, was re9 jected or adopted. 

10 (3) CONSIDERATION.—In preparing a final re11 port under paragraph (1), the head of the agency 

12 with jurisdiction over an investment subject to addi13 tional review under section 402, in coordination with 

14 the head of the Office, shall give strong consider15 ation to the findings and recommendations described 

16 in the report under section 402(d). 

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

18 preparing the final report under paragraph (1) shall 

19 publish in the Federal Register— 

20 (A) the final report; or 

21 (B) a summary of the final report. 

22 SEC. 402. ADDITIONAL REVIEW. 

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

24 coordination with the Board of Advisors and the applicable 

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1 view under subsection (b), (c), or (d) of section 401 re2 quires additional review, or the head of the Office directs 

3 the review of an investment in accordance with section 

4 403, the head of the Office, in coordination with the Board 

5 of Advisors and the applicable Director, shall identify indi6 viduals representative of affected frontline communities 

7 and allies of frontline communities for the purpose of ob8 taining advice and recommendations from those individ9 uals for changes to the administrative or substantive as10 pects of the investment that are not properly serving 

11 frontline communities. 

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

13 coordination with the Board of Advisors and the applicable 

14 Director, determines convening a review panel for an in15 vestment subject to a review under subsection (b), (c), or 

16 (d) of section 401 to be necessary, or the head of the Of17 fice directs the review of an investment in accordance with 

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

19 review panel, consisting of— 

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

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

22 (2) 1 or more members of the Board of Advi23 sors; 

24 (3) the Director of the agency; and 


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

2 within the agency responsible for carrying out the 

3 proposed rule. 

4 (c) FUNCTION.—A review panel convened under sub5 section (b) shall collect advice and recommendations of 

6 each individual frontline community representative and 

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

8 the head of the Office, on issues relating to the adminis9 trative or substantive aspects of the investment that are 

10 not properly serving frontline communities. 

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

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

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

14 and the agency with jurisdiction over the investment a re15 port describing— 

16 (1) the comments of the review panel on the ad17 vice and recommendations of frontline communities 

18 and allies collected under subsection (c); and 

19 (2) the findings and recommendations of the re20 view panel. 

21 (e) PUBLICATION.—The head of the agency with ju22 risdiction over an investment subject to additional review 

23 under this section shall publish in the Federal Register— 

24 (1) the report of the review panel under sub25 section (d); or 


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

2 under subsection (d). 

3 SEC. 403. NONSCHEDULED REVIEW. 

4 The head of the Office may direct a review under sec5 tion 402 of an investment with respect to which sufficient 

6 complaints have been brought from 1 or more frontline 

7 communities or allies. 

8 SEC. 404. AVAILABILITY. 

9 Any review or analysis conducted, or other document 

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

11 public through the Office. 

12 TITLE V—SUBNATIONAL 

13 GUIDANCE 

14 SEC. 501. GUIDANCE FOR DEVELOPMENT OF IMPLEMENTA15 TION PLANS. 

16 (a) DEFINITION OF STATE IMPLEMENTATION

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

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

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

20 an environmental or climate change nexus. 

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

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

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1 sultation with, frontline communities in the process of de2 veloping a State implementation plan. 

Æ 


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