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 subse-
quently 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Climate Equity Act of 2020’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
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. 
SEC. 2. FINDINGS. 
Congress finds that— 
(1)(A) the people of the United States have a 
right to live in a clean, healthful, and sustainable en-
vironment and climate, with access to clean air and 
clean water; 
(B) realizing the right described in subpara-
graph (A) will require addressing systemic environ-
mental injustices and the growing inequities fueled 
by climate change; 
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(C) the Federal Government has the responsi-
bility to ensure that the right described in subpara-
graph (A) is realized; and 
(D) the Federal Government should be held ac-
countable to protect the individuals most impacted 
by environmental degradation, climate change, and 
the fight to address climate change; 
(2) addressing the climate crisis will require a 
comprehensive set of solutions that includes— 
(A) Federal investment; 
(B) the promulgation and enforcement of 
rules and regulations; and 
(C) international and intergovernmental 
cooperation; and 
(3) any policy to address climate and environ-
mental justice must acknowledge that— 
(A) climate change is— 
(i) an immediate crisis, the impacts of 
which the United States is already experi-
encing; and 
(ii) a systemic injustice multiplier; 
(B) low-income communities, indigenous 
communities, and communities of color across 
the United States disproportionately experience 
the cumulative impacts of multiple pollution 
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sources and the compounding impacts of a his-
tory of pollution exposure; and 
(C) the impacts of climate change will— 
(i) disproportionately affect the com-
munities that are already facing environ-
mental injustice; and 
(ii) increase stressors on vulnerable 
communities, including the elderly, the 
unhoused, and individuals with disabilities. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) AGENCY.—The term ‘‘agency’’ has the 
meaning given the term in section 551 of title 5, 
United States Code. 
(2) BOARD OF ADVISORS.—The term ‘‘Board of 
Advisors’’ means the Board of Advisors established 
within the Office under section 203(a). 
(3) DIRECTOR.—The term ‘‘Director’’ means a 
Director of Climate and Environmental Justice for 
an agency, as established under section 202(c)(1). 
(4) ENVIRONMENTAL
OR
CLIMATE
CHANGE 
NEXUS.—The 
term 
‘‘environmental 
or 
climate 
change nexus’’ includes an action that— 
(A) is intended to directly address or re-
spond to the environment or climate change; 
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(B) has an indirect impact on the status or 
quality of the environment or climate, including 
the construction of infrastructure and the man-
ufacturing of goods; 
(C) has the potential to create or impact 
jobs relating to the transition to a clean econ-
omy; and 
(D) relates to public health that may be 
connected to pollution or climate change im-
pacts. 
(5) FRONTLINE COMMUNITY.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘frontline commu-
nity’’ has the meaning given the term by the 
Board of Advisors under section 205. 
(B) INTERIM MEANING.—Until the date on 
which the Board of Advisors establishes a defi-
nition of ‘‘frontline community’’ under section 
205, the term ‘‘frontline community’’ means a 
community or population described in section 
205(b). 
(6) INVESTMENT.—The term ‘‘investment’’ in-
cludes a grant, loan, rebate, or other similar pro-
gram that is carried out by an agency. 
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(7) OFFICE.—The term ‘‘Office’’ means the Of-
fice of Climate and Environmental Justice Account-
ability established by section 201. 
(8) RULE.—The term ‘‘rule’’ has the meaning 
given the term in section 601 of title 5, United 
States Code. 
TITLE I—CONGRESSIONAL 
EQUITY SCORE 
SEC. 101. CLIMATE AND ENVIRONMENTAL EQUITY OFFICE. 
(a) ESTABLISHMENT OF CLIMATE AND ENVIRON-
MENTAL EQUITY OFFICE.—Section 201 of the Congres-
sional Budget Act of 1974 (2 U.S.C. 601) is amended by 
adding at the end the following: 
‘‘(h) CLIMATE AND ENVIRONMENTAL EQUITY OF-
FICE.— 
‘‘(1) IN GENERAL.—There is established in the 
Office a Climate and Environmental Equity Office. 
‘‘(2) DIRECTOR.—The Climate and Environ-
mental Equity Office shall be headed by a Director 
appointed by the Director of the Office.’’. 
(b) DUTIES AND FUNCTIONS.—Section 202(c) of the 
Congressional Budget Act of 1974 (2 U.S.C. 602(c)) is 
amended by adding at the end the following: 
‘‘(4)(A) In this paragraph, the terms ‘environ-
mental or climate change nexus’ and ‘frontline com-
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munity’ have the meanings given those terms in sec-
tion 3 of the Climate Equity Act of 2020. 
‘‘(B)(i) In addition to any analysis under sec-
tion 402, the Climate and Environmental Equity Of-
fice shall, to the extent practicable, prepare for each 
bill or resolution with an environmental or climate 
change nexus that is reported by any committee of 
the House of Representatives or the Senate and sub-
mit to such committee a statement by the Climate 
and Environmental Equity Office analyzing the 
quantitative and qualitative impacts to frontline 
communities of the bill or resolution in conformance 
with the criteria developed under subparagraph (C). 
‘‘(ii) A statement submitted under clause (i) 
shall be included in the report accompanying a bill 
or resolution if timely submitted to the applicable 
committee before the report is filed. 
‘‘(C)(i) Not later than 1 year after the date of 
enactment of this paragraph, the Director of the Cli-
mate and Environmental Equity Office, in coordina-
tion with an advisory board composed of relevant ex-
perts and representatives from frontline communities 
identified in coordination with the Board of Advisors 
established under section 203(a) of the Climate Eq-
uity Act of 2020, shall develop and make publicly 
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available criteria for analyzing the quantitative and 
qualitative impacts of legislation under this para-
graph. 
‘‘(ii) The criteria developed under clause (i) 
shall be reviewed once every 5 years by an advisory 
board described in that clause to incorporate the 
best available science, best practices, and new under-
standing relating to the impacts of policy on eco-
nomic, social, environmental, and public health mat-
ters. 
‘‘(D) The Climate and Environmental Equity 
Office shall coordinate with the Director of the Of-
fice and other employees of the Office in carrying 
out this paragraph. 
‘‘(E) It shall not be in order in the House of 
Representatives or the Senate to consider any bill or 
resolution with an environmental or climate change 
nexus that is reported by any committee of the 
House of Representatives or the Senate unless the 
Director of the Climate and Environmental Equity 
Office has published a statement on the quantitative 
and qualitative impacts to frontline communities of 
the legislation prepared under subparagraph (B). 
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‘‘(F) Any action taken by the Director of the 
Climate and Environmental Equity Office shall be 
informed by the best available science.’’. 
TITLE II—OFFICE OF CLIMATE 
AND ENVIRONMENTAL JUS-
TICE ACCOUNTABILITY 
SEC. 201. ESTABLISHMENT; HEAD OF THE OFFICE. 
(a) IN GENERAL.—There is established within the 
Office of Management and Budget an office, to be known 
as the ‘‘Office of Climate and Environmental Justice Ac-
countability’’. 
(b) HEAD OF THE OFFICE.—The head of the Office 
shall be appointed from civilian life by the President, by 
and with the advice and consent of the Senate. 
SEC. 202. FUNCTIONS; PERSONNEL. 
(a) FUNCTIONS.—The functions of the Office in-
clude— 
(1) to represent the views of frontline commu-
nities in rulemaking; 
(2) to conduct research, using the best available 
science, on environmental and climate issues and 
trends in frontline communities; 
(3) to measure the direct and indirect costs of 
environmental and climate regulations on frontline 
communities; 
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(4) to develop and coordinate relevant environ-
mental justice definitions and nomenclature across 
the executive branch; 
(5) to monitor compliance with the require-
ments of this Act; and 
(6) to coordinate with other Federal efforts to 
address environmental justice, such as efforts 
through the Council on Environmental Quality and 
the National Environmental Justice Advisory Coun-
cil. 
(b) PERSONNEL.— 
(1) IN GENERAL.—On the recommendation of 
the Board of Advisors, the head of the Office shall 
appoint a secretary for the Board of Advisors, and 
such other employees as the head of the Office de-
termines to be necessary to exercise and fulfill the 
powers and responsibilities of the Office. 
(2) COMPENSATION.—The compensation of all 
employees appointed under paragraph (1) shall be 
fixed in accordance with chapter 51 and subchapter 
III of chapter 53 of title 5, United States Code. 
(c) DIRECTORS OF CLIMATE AND ENVIRONMENTAL 
JUSTICE.— 
(1) IN GENERAL.—The head of the Office shall 
work in coordination with the head of each agency 
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described in paragraph (2) to establish or designate 
within each agency a position, to be known as the 
‘‘Director of Climate and Environmental Justice’’. 
(2) AGENCIES DESCRIBED.—The agencies re-
ferred to in paragraph (1) are— 
(A) the Environmental Protection Agency; 
(B) the Department of Agriculture; 
(C) the Department of Commerce; 
(D) the Department of Defense; 
(E) the Department of Energy; 
(F) the Department of Health and Human 
Services; 
(G) the Department of Homeland Security; 
(H) the Department of Housing and 
Urban Development; 
(I) the Department of the Interior; 
(J) the Department of Labor; 
(K) the Department of Transportation; 
(L) the Department of Education; 
(M) the Department of Justice; 
(N) the Department of the Treasury; 
(O) the Department of Veterans Affairs; 
(P) the Small Business Administration; 
(Q) the Office of Science and Technology 
Policy; 
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(R) the Council on Environmental Quality; 
and 
(S) any other Federal department, agency, 
commission, or office that the head of the Of-
fice determines to be appropriate. 
(3) FUNCTION.—The function of a Director is 
to ensure the implementation of this Act within the 
applicable agency. 
SEC. 203. BOARD OF ADVISORS. 
(a) ESTABLISHMENT.—The head of the Office shall 
establish within the Office a Board of Advisors, which 
shall provide such scientific advice as may be requested 
by— 
(1) the Director of the Office of Management 
and Budget; 
(2) the head of the Office; 
(3) a Director; or 
(4) a member or committee of Congress. 
(b) MEMBERS.— 
(1) APPOINTMENT.— 
(A) IN GENERAL.—Members of the Board 
of Advisors shall be appointed by the head of 
the Office, on the recommendation of the Na-
tional Academy of Sciences. 
(B) FUNDING.— 
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(i) IN GENERAL.—There are author-
ized to be appropriated to the Office such 
sums as are necessary for the National 
Academy of Sciences to make recommenda-
tions under subparagraph (A). 
(ii) TRANSFER.—The head of the Of-
fice shall transfer to the National Academy 
of Sciences any amounts appropriated 
under clause (i). 
(2) SIZE OF BOARD.— 
(A) IN
GENERAL.—Subject to subpara-
graph (B), the Board of Advisors shall be com-
posed of not less than 10 members that provide 
diverse and fair representation of frontline com-
munities and allies of frontline communities, 1 
of whom shall be designated chairperson. 
(B) ADDITIONAL MEMBERS.—At the dis-
cretion of the head of the Office, on the rec-
ommendation of the National Academy of 
Sciences, 
additional 
members 
representing 
frontline communities or allies of frontline com-
munities may be added to the Board of Advi-
sors on an interim or permanent basis. 
(3) QUALIFICATIONS.—Each member of the 
Board of Advisors shall be— 
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(A)(i) a representative of a frontline com-
munity; or 
(ii) an ally of a frontline community; and 
(B) qualified by education, training, and 
experience to evaluate information on matters 
referred to the Board of Advisors under this 
Act. 
(4) TERM.—A member of the Board of Advi-
sors shall serve for a term of 3 years, which may be 
renewed for 1 additional term of 3 years on the rec-
ommendation of the National Academy of Sciences. 
(c) COMPENSATION.—Members of the Board of Advi-
sors may be compensated at a rate to be fixed by the 
President but not to exceed the maximum amount of com-
pensation payable to a member of the Senior Executive 
Service under subsection (b) of section 5382 of title 5, 
United States Code. 
(d) PUBLIC PARTICIPATION AND TRANSPARENCY.— 
The Board of Advisors shall make every effort, consistent 
with applicable law, including section 552 of title 5, 
United States Code (commonly known as the ‘‘Freedom 
of Information Act’’), and section 552a of title 5, United 
States Code (commonly known as the ‘‘Privacy Act of 
1974’’), to maximize public participation and trans-
parency, including making the advice of the Board of Ad-
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visors publicly available in electronic form, including video 
streaming, on the website of the Office. 
SEC. 204. BUDGETARY LINE ITEM AND AUTHORIZATION OF 
APPROPRIATIONS. 
(a) APPROPRIATION REQUESTS.—Each budget of the 
United States Government submitted by the President 
under section 1105 of title 31, United States Code, shall 
include a separate statement of the amount of appropria-
tions requested for the Office, which shall be designated 
in a separate account in the general fund of the Treasury. 
(b) ADMINISTRATIVE OPERATIONS.—The Director of 
the Office of Management and Budget shall provide the 
Office with appropriate and adequate office space at cen-
tral and field office locations, together with such equip-
ment, operating budget, and communications facilities and 
services as may be necessary, and shall provide necessary 
maintenance services for those offices and the equipment 
and facilities located in those offices. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as are nec-
essary to carry out this title, to remain available until ex-
pended. 
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SEC. 205. DEFINITION OF FRONTLINE COMMUNITY. 
(a) IN GENERAL.—The Board of Advisors shall es-
tablish a definition of ‘‘frontline community’’ for purposes 
of this Act. 
(b) REQUIREMENTS.—The definition under sub-
section (a) shall include, at a minimum— 
(1) a community or population that has experi-
enced systemic socioeconomic disparities, environ-
mental injustice, or another form of injustice, includ-
ing— 
(A) a low-income community; 
(B) an indigenous community; and 
(C) a community of color; 
(2) a community or population that is the most 
vulnerable and will be the most adversely impacted 
by environmental and climate injustice and inequi-
table climate actions, including— 
(A) a community or population described 
in paragraph (1); 
(B) a deindustrialized community; 
(C) a depopulated rural community; 
(D) a vulnerable elderly population; 
(E) an unhoused population; 
(F) individuals with disabilities; and 
(G) a community that is economically de-
pendent on fossil fuel industries; and 
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(3) the women, the youth, and all of the de-
scendants of women or youth that are part of a com-
munity or population described in paragraph (1) or 
(2). 
(c) 
UPDATES.—The 
Board 
of 
Advisors 
shall 
iteratively reexamine the definition of ‘‘frontline commu-
nity’’ established under subsection (a) and update that 
definition, as the Board of Advisors determines to be ap-
propriate. 
TITLE III—RULES AND 
REGULATIONS 
SEC. 301. CLIMATE AND ENVIRONMENTAL JUSTICE AC-
COUNTABILITY AGENDA. 
(a) IN GENERAL.—During the months of October 
and April of each year, each agency shall publish in the 
Federal Register a climate and environmental justice ac-
countability agenda (referred to in this section as the 
‘‘agenda’’) which shall contain— 
(1) a brief description of the subject area of 
any rule which the agency expects to propose or pro-
mulgate which is likely to have a significant positive 
or negative economic, public health, or environ-
mental impact on a substantial number of residents 
within 1 or more frontline communities; 
(2) a summary of— 
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