		I
		111th CONGRESS
		1st Session
		H. R. 1724
		IN THE HOUSE OF REPRESENTATIVES

			March 25, 2009
			Mr. Turner (for
			 himself and Ms. Sutton) introduced the
			 following bill; which was referred to the Committee on Ways and Means

		A BILL
		To amend the Internal Revenue Code of 1986 to provide tax
		  incentives for the remediation of contaminated sites.

		1.Short titleThis Act may be cited as the
			 America’s Brownfield Cleanup Act
			 2009.
		2.Credit for
			 expenditures to remediate contaminated sites
			(a)In
			 generalSubpart D of part IV of subchapter A of chapter 1 of the
			 Internal Revenue Code of 1986 (relating to business related credits) is amended
			 by adding at the end the following new section:

					45R.Environmental
				remediation credit
						(a)In
				generalFor purposes of section 38, the environmental remediation
				credit determined under this section is 50 percent of the qualified remediation
				expenditures paid or incurred by the taxpayer during the taxable year with
				respect to a qualified contaminated site located in an eligible area.
						(b)Qualified
				remediation expendituresFor purposes of this section, the term
				qualified remediation expenditures means expenditures, whether or
				not chargeable to capital account, in connection with—
							(1)the abatement or
				control of any hazardous substance at the qualified contaminated site in
				accordance with an approved remediation plan,
							(2)the demolition of
				any structure (or portion thereof) on such site if any portion of such
				structure is demolished in connection with such abatement or control,
							(3)the removal and
				disposal of property in connection with the activities described in paragraphs
				(1) and (2), and
							(4)the reconstruction
				of utilities in connection with such activities.
							Such term
				includes the cost of financial assurances (including bonding) and insurance
				described in subsection (g)(4).(c)Qualified
				contaminated siteFor
				purposes of this section—
							(1)In
				generalThe term qualified contaminated site means
				any area—
								(A)which is an eligible response site as
				defined in section 101(41) of the Comprehensive Environmental Response,
				Compensation, and Liability Act of 1980,
								(B)which is held by
				the taxpayer for use in a trade or business or for the production of income, or
				which is property described in section 1221(a)(1) in the hands of the taxpayer,
								(C)at or on which
				there has been a release (or threat of release) or disposal of any hazardous
				substance, and
								(D)with respect to
				which an approved remediation plan and an approved redevelopment plan are both
				in effect.
								(2)National
				priorities listed sites not includedSuch term shall not include any site which
				is on, or proposed for, the national priorities list under section 105(a)(8)(B)
				of the Comprehensive Environmental Response, Compensation, and Liability Act of
				1980 (as in effect on the date of the enactment of this section).
							(d)Hazardous
				substanceFor purposes of this section—
							(1)In
				generalThe term hazardous substance means—
								(A)any substance which is a hazardous
				substance as defined in section 101(14) of the Comprehensive Environmental
				Response, Compensation, and Liability Act of 1980,
								(B)any substance
				which is designated as a hazardous substance under section 102 of such Act,
				and
								(C)any petroleum product (within the meaning
				of section 4612(a)(3)).
								(2)ExceptionSuch
				term shall not include any substance with respect to which a removal or
				remedial action is not permitted under section 104 of such Act by reason of
				subsection (a)(3) thereof.
							(e)Approved
				remediation planFor purposes of this section, the term
				approved remediation plan means, with respect to any site, any
				plan for the conduct of the activities described in paragraphs (1) through (4)
				of subsection (b)—
							(1)which is approved
				by a State environmental agency—
								(A)pursuant to a
				response program which includes each of the elements listed in section
				128(a)(2) of the Comprehensive Environmental Response, Compensation, and
				Liability Act of 1980, and
								(B)after a
				determination by such agency that the plan provides for the abatement or
				control of the hazardous substances at such site, and
								(2)which includes a
				written statement from such agency that such site meets the requirements of
				paragraphs (1)(A), (1)(C), and (2) of subsection (c).
							(f)Approved
				redevelopment planFor purposes of this section, the term
				approved redevelopment plan means, with respect to any site, any
				plan for the redevelopment of such site which is approved by the State
				development agency after a determination by such agency that the plan provides
				for the redevelopment of such site in a manner beneficial to the State and
				local economy and to the local community generally.
						(g)Credit may not
				exceed allocation
							(1)In
				generalThe environmental remediation credit determined under
				this section with respect to any qualified contaminated site shall not exceed
				the credit amount allocated under this section by the State development agency
				to the taxpayer with respect to such site.
							(2)Time for making
				allocationAn allocation shall be taken into account under
				paragraph (1) for any taxable year only if made before the close of the
				calendar year in which such taxable year begins.
							(3)Manner of
				allocation
								(A)Allocation must
				be pursuant to planNo amount may be allocated under this
				subsection to any qualified contaminated site unless—
									(i)an
				approved remediation plan and an approved redevelopment plan are both in effect
				with respect to such site, and
									(ii)such amount is
				allocated pursuant to a qualified allocation plan of the State development
				agency.
									(B)Qualified
				allocation planFor purposes of this paragraph, the term
				qualified allocation plan means any plan—
									(i)which sets forth
				selection criteria to be used to determine priorities of the State development
				agency in allocating credit amounts under this section, and
									(ii)which gives
				preference in allocating credit amounts under this section to qualified
				contaminated sites based on—
										(I)the extent of
				poverty,
										(II)whether the site is located in an
				empowerment zone, enterprise community, or renewal community,
										(III)whether the site
				is located in the central business district of the local jurisdiction,
										(IV)the extent of the
				required environmental remediation,
										(V)the extent of the
				commercial, industrial, or residential redevelopment of the site in addition to
				environmental remediation,
										(VI)the extent of the
				financial commitment to such redevelopment,
										(VII)the amount of new
				employment expected to result from such redevelopment, and
										(VIII)whether it is
				reasonably expected that under the approved remediation plan at least 25
				percent of the estimated total qualified remediation expenditures will be borne
				by one or more persons who are potentially liable under section 107(a) of the
				Comprehensive Environmental Response, Compensation, and Liability Act of
				1980.
										(4)States may
				impose other conditionsNothing in this section shall be
				construed to prevent any State from requiring—
								(A)assurances,
				including bonding, that any project for which a credit amount is allocated
				under this section will be properly completed or that the financial commitments
				of the taxpayer are actually carried out,
								(B)that the taxpayer obtain insurance which
				reimburses qualified remediation expenditures in excess of the total estimated
				amount of such expenditures, or
								(C)that the taxpayer
				obtain insurance covering liability for personal injury, death, or property
				damage.
								(h)State
				environmental remediation credit ceilingFor purposes of this
				section—
							(1)LimitationThe
				aggregate credit amounts allocated by the State development agency during any
				calendar year shall not exceed the State environmental remediation credit
				ceiling applicable to such State for such calendar year.
							(2)Determination of
				limitation amountThe State environmental remediation credit
				ceiling applicable to any State for any calendar year shall be an amount equal
				to the sum of—
								(A)such State’s share
				of the national environmental remediation credit limitation for the calendar
				year,
								(B)the unused State
				environmental remediation credit ceiling (if any) of such State for the
				calendar year,
								(C)the amount of
				State environmental remediation credit ceiling returned in the calendar year,
				plus
								(D)the amount (if
				any) allocated under paragraph (5) to such State by the Secretary.
								(3)National
				environmental remediation credit limitation
								(A)In
				generalThe national environmental remediation credit limitation
				for each calendar year is $1,000,000,000.
								(B)State’s share of
				limitationA State’s share of such limitation is the amount which
				bears the same ratio to the limitation applicable under subparagraph (A) for
				the calendar year as such State’s population bears to the population of the
				United States.
								(4)Unused State
				environmental remediation credit ceilingThe unused State
				environmental remediation credit ceiling for any calendar year is the excess
				(if any) of—
								(A)the State environmental remediation credit
				ceiling applicable to the State for the preceding calendar year (determined
				without regard to paragraph (2)(B)), over
								(B)the aggregate
				environmental remediation credit amount allocated by the State for such
				preceding year.
								(5)Unused
				environmental remediation credit allocated among States after 1-year
				carryforward
								(A)In
				generalThe excess unused environmental remediation credit of a
				State for any calendar year shall be assigned to the Secretary for allocation
				among qualified States for the succeeding calendar year.
								(B)Excess unused
				environmental remediation creditFor purposes of this paragraph,
				the excess unused environmental remediation credit of a State for any calendar
				year is the excess (if any) of—
									(i)the unused State
				environmental remediation credit ceiling for the preceding calendar year,
				over
									(ii)the aggregate
				environmental remediation credit amount allocated by the State for such
				preceding year.
									(C)Formula for
				allocation of excess unused environmental remediation credit among
				StatesRules similar to the rules of clauses (iii) and (iv) of
				section 42(h)(3)(D) shall apply for purposes of this paragraph.
								(6)PopulationFor
				purposes of this subsection, population shall be determined in accordance with
				section 146(j).
							(7)Inflation
				adjustmentIn the case of any calendar year after 2010, the
				$1,000,000,000 amount contained in paragraph (3) shall be increased by an
				amount equal to—
								(A)such dollar
				amount, multiplied by
								(B)the cost-of-living
				adjustment determined under section 1(f)(3) for the calendar year, determined
				by substituting calendar year 2009 for calendar year
				1992 in subparagraph (B) thereof.
								Any
				increase determined under the preceding sentence shall be rounded to the
				nearest multiple of $500,000.(i)Other
				definitions and special ruleFor purposes of this section—
							(1)Eligible
				area
								(A)In
				generalThe term eligible area means the entire area
				encompassed by a local governmental unit or Indian tribal government if such
				entire area contains at least 1 census tract having a poverty rate of at least
				20 percent.
								(B)Use of
				equivalent county divisionsIn the case of any area which is not
				tracted for population census tracts, the equivalent county divisions (as
				defined by the Bureau of the Census for purposes of defining poverty areas)
				shall be treated as census tracts for purposes of subparagraph (A).
								(C)Use of census
				dataFor purposes of this paragraph, population and poverty rate
				shall be determined by the most recent decennial census data available.
								(2)State
				environmental agencyThe term
				State environmental agency means any State agency specifically
				authorized by gubernatorial act or State statute to carry out the functions and
				responsibilities of a State environmental agency for purposes of this
				section.
							(3)State
				development agencyThe term State development agency
				means any State agency specifically authorized by gubernatorial act or State
				statute to carry out the functions and responsibilities of a State development
				agency for purposes of this section.
							(4)Possessions
				treated as StatesThe term State includes a
				possession of the United States.
							(5)Special rules
				for hazardous substances that are petroleum productsIn the case
				of an area at or on which there has been a release (or threat of release) or
				disposal of any hazardous substance that is a petroleum product, the following
				rules shall apply:
								(A)The requirement of
				subsection (c)(1)(A) shall be deemed to be met.
								(B)The requirement of subsection (e)(1)(A)
				shall be deemed to be met.
								(C)Subsection (e)(2)
				shall be applied by substituting (1)(C) and (2) for
				(1)(A), (1)(C), and (2).
								(j)Credit may be
				assigned
							(1)In
				generalIf a taxpayer elects the application of this subsection
				for any taxable year, the amount of credit determined under this section for
				such year which would (but for this subsection) be allowable to the taxpayer
				shall be allowable to the person designated by the taxpayer. The person so
				designated shall be treated as the taxpayer for purposes of this title (other
				than this paragraph).
							(2)Treatment of
				amounts paid for assignmentIf any amount is paid to the person
				who assigns the credit determined under this section, no portion of such amount
				shall be includible in such person’s gross income.
							(k)Recapture of
				credit if approved remediation plan or approved redevelopment plan not properly
				completed
							(1)In
				generalIf—
								(A)the State
				environmental agency determines that the approved remediation plan for the
				qualified contaminated site was not properly completed, or
								(B)the State
				development agency determines that the approved redevelopment plan for such
				site was not properly completed,
								the
				taxpayer’s tax under this chapter for the taxable year in which such
				determination is made shall be increased by the credit recapture amount.(2)Credit recapture
				amountFor purposes of paragraph (1), the credit recapture amount
				is an amount equal to the sum of—
								(A)the aggregate
				decrease in the credits allowed to the taxpayer under section 38 for all prior
				taxable years which would have resulted if the credit allowable by reason of
				this section were not allowed, plus
								(B)interest at the
				overpayment rate established under section 6621 on the amount determined under
				subparagraph (A) for each prior taxable year for the period beginning on the
				due date for filing the return for the prior taxable year involved.
								No
				deduction shall be allowed under this chapter for interest described in
				subparagraph (B).(3)Special
				rules
								(A)Tax benefit
				ruleThe tax for the taxable year shall be increased under
				paragraph (1) only with respect to credits allowed by reason of this section
				which were used to reduce tax liability. In the case of credits not so used to
				reduce tax liability, the carryforwards and carrybacks under section 39 shall
				be appropriately adjusted.
								(B)No credits
				against taxAny increase in tax under this subsection shall not
				be treated as a tax imposed by this chapter for purposes of determining the
				amount of any credit or the tax imposed by section 55.
								(l)Denial of double
				benefit
							(1)In
				generalNo deduction shall be allowed for that portion of the
				qualified remediation expenditures otherwise allowable as a deduction for the
				taxable year which is equal to the amount of the credit determined for such
				taxable year under this section.
							(2)Similar rule
				where taxpayer capitalizes rather than deducts
				expensesIf—
								(A)the amount of the
				credit determined for the taxable year under this section, exceeds
								(B)the amount
				allowable as a deduction for such taxable year for qualified remediation
				expenditures (determined without regard to paragraph (1)),
								the amount
				chargeable to capital account for the taxable year for such expenditures shall
				be reduced by the amount of such excess.(3)Controlled
				groupsIn the case of a corporation which is a member of a
				controlled group of corporations (within the meaning of section 41(f)(5)) or a
				trade or business which is treated as being under common control with other
				trades or businesses (within the meaning of section 41(f)(1)(B)), this
				subsection shall be applied under rules prescribed by the Secretary similar to
				the rules applicable under subparagraphs (A) and (B) of section
				41(f)(1).
							(m)Cost of removal
				or remedial actionThe credit allowed under this section shall
				not be treated as a cost of removal or remedial action incurred by the United
				States for purposes of section 107(a)(4)(A) of the Comprehensive Environmental
				Response, Compensation, and Liability Act of
				1980.
						.
			(b)Gross income
			 exclusion by site owner of remediation expenditures paid by potentially
			 responsible partiesPart III of subchapter B of chapter 1 of such
			 Code is amended by inserting after section 139B the following new
			 section:

					139C.Qualified
				remediation contributions for brownfield cleanup
						(a)In
				generalGross income shall not include any amount received as a
				qualified remediation contribution.
						(b)Qualified
				remediation contributionFor
				purposes of this section, the term qualified remediation
				contribution means any amount which is paid—
							(1)to or for the
				benefit of the owner of any property,
							(2)by a person who is
				potentially liable with respect to such property under section 107(a) of the
				Comprehensive Environmental Response, Compensation, and Liability Act of 1980,
				and
							(3)for qualified
				remediation expenditures (as defined in section 45R(b)) with respect to such
				property.
							(c)Denial of double
				benefitNotwithstanding any other provision of this
				subtitle—
							(1)no deduction or
				credit shall be allowed (to the person for whose benefit a qualified
				remediation contribution is made) for, or by reason of, any expenditure to the
				extent of the amount excluded under this section with respect to such
				expenditure, and
							(2)no increase in the
				basis of any property shall result from any amount excluded under this section
				with respect to such
				property.
							.
			(c)Credit treated
			 as business creditSection 38(b) of such Code is amended by
			 striking plus at the end of paragraph (34), by striking the
			 period at the end of paragraph (35) and inserting , plus, and by
			 adding at the end the following new paragraph:

					(36)the environmental
				remediation credit determined under section
				45R(a).
					.
			(d)Clerical
			 amendments
				(1)The
			 table of sections for subpart D of part IV of subchapter A of chapter 1 of such
			 Code is amended by adding at the end the following new item:

							Sec. 45R. Environmental remediation
				credit.

						.
				(2)The table of sections for part III of
			 subchapter B of chapter 1 of such Code is amended by inserting after the item
			 relating to section 139A the following new item:

							Sec. 139C. Remediation contributions by
				potentially responsible
				parties.

						.
				(e)Effective
			 dateThe amendments made by this section shall apply to taxable
			 years beginning after December 31, 2009.


		I
		112th CONGRESS
		1st Session
		H. R. 1009
		IN THE HOUSE OF REPRESENTATIVES

			March 10, 2011
			Ms. Eshoo (for
			 herself, Mr. Shimkus, and
			 Mr. Doyle) introduced the following
			 bill; which was referred to the Committee
			 on Energy and Commerce

		A BILL
		To amend the Communications Act of 1934 to authorize 3 or
		  more Commissioners of the Federal Communications Commission to hold nonpublic
		  collaborative discussions, and for other purposes.

		1.Short titleThis Act may be cited as the
			 Federal Communications Commission
			 Collaboration Act.
		2.FindingsCongress finds the following:
			(1)Commissioners of the Federal Communications
			 Commission (in this section referred to as the Commission), past
			 and present, have stated that they support the intent of section 552b of title
			 5, United States Code, but that its implementation has hindered the
			 Commission’s ability to have a substantive exchange of ideas and hold
			 collective deliberations on issues pending before the Commission.
			(2)Congress’s principal purpose in creating a
			 multimember agency is to obtain the benefits of collegial decisionmaking by the
			 agency’s members, who bring to the decisionmaking process different
			 philosophical perspectives, experiences, and areas of expertise.
			(3)Commissioners have relied primarily on an
			 inefficient combination of written messages, communications among staff, and a
			 series of meetings restricted to 2 Commissioners at each such meeting to
			 discuss complex telecommunications matters pending before the
			 Commission.
			(4)Extensive use of such methods of
			 communication has harmed collegiality and cooperation at the Commission.
			(5)Numerous regulatory matters have been
			 pending before the Commission for years, and continued inaction on these issues
			 has the potential to hinder innovation and private investment in the domestic
			 communications industry.
			(6)The Commission must be able to work more
			 collaboratively and efficiently than in the past to meet the current challenge
			 of expanding broadband Internet access to the extent necessary to serve the
			 business, educational, health, and cultural needs of all Americans.
			3.Nonpublic
			 collaborative discussions of the Federal Communications
			 CommissionSection 4 of the
			 Communications Act of 1934 (47 U.S.C. 154) is amended by adding at the end the
			 following new subsection:

				(p)Nonpublic
				collaborative discussions
					(1)In
				generalNotwithstanding
				section 552b of title 5, United States Code, 3 or more Commissioners may hold a
				meeting that is closed to the public to discuss official business if—
						(A)a vote or any
				other agency action, as such term is defined in section 551(13) of title 5,
				United States Code, is not taken at such meeting;
						(B)each person
				present at such meeting is a Commissioner or an employee of the
				Commission;
						(C)for each political
				party of which any Commissioner is a member, at least 1 Commissioner who is a
				member of such respective political party is present at such meeting, and, if
				any Commissioner has no political party affiliation, at least one unaffiliated
				Commissioner is present at such meeting; and
						(D)an attorney from
				the Office of General Counsel of the Commission is present at such
				meeting.
						(2)Disclosure of
				nonpublic collaborative discussionsNot later than 5 days after
				the conclusion of a meeting held under paragraph (1), the Commission shall
				publish on its Web site a disclosure of such meeting, including—
						(A)a list of the
				persons who attended such meeting; and
						(B)a summary of the
				matters discussed at such meeting, except for such matters as the Commission
				determines may be withheld under section 552b(c) of title 5, United States
				Code.
						(3)Preservation of
				open meetings requirements for agency actionNothing in this subsection shall limit the
				applicability of section 552b of title 5, United States Code, with respect to a
				meeting of Commissioners other than that described in paragraph (1).
					(4)SunsetThis subsection shall cease to be effective
				5 years after the date of enactment of the Federal Communications Commission
				Collaboration
				Act.
					.


IV
111th CONGRESS
1st Session
H. RES. 379
In the House of Representatives, U. S.,

April 30, 2009

RESOLUTION
Providing for further consideration of the bill (H.R. 627) to amend the Truth in Lending Act to establish fair and transparent practices relating to the extension of credit under an open end consumer credit plan, and for other purposes.

That at any time after the adoption of this resolution the Speaker may, pursuant to clause 2(b) of rule XVIII, declare the House resolved into the Committee of the Whole House on the state of the Union for further consideration of the bill (H.R. 627) to amend the Truth in Lending Act to establish fair and transparent practices relating to the extension of credit under an open end consumer credit plan, and for other purposes. No general debate shall be in order pursuant to this resolution. The bill shall be considered for amendment under the five-minute rule. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Financial Services now printed in the bill. The committee amendment in the nature of a substitute shall be considered as read. All points of order against the committee amendment in the nature of a substitute are waived except those arising under clause 10 of rule XXI. Notwithstanding clause 11 of rule XVIII, no amendment to the committee amendment in the nature of a substitute shall be in order except those printed in the report of the Committee on Rules accompanying this resolution. Each such amendment may be offered only in the order printed in the report, may be offered only by a Member designated in the report, shall be considered as read, shall be debatable for the time specified in the report equally divided and controlled by the proponent and an opponent, shall not be subject to amendment, and shall not be subject to a demand for division of the question in the House or in the Committee of the Whole. All points of order against such amendments are waived except those arising under clause 9 or 10 of rule XXI. At the conclusion of consideration of the bill for amendment the Committee shall rise and report the bill to the House with such amendments as may have been adopted. Any Member may demand a separate vote in the House on any amendment adopted in the Committee of the Whole to the bill or to the committee amendment in the nature of a substitute. The previous question shall be considered as ordered on the bill and amendments thereto to final passage without intervening motion except one motion to recommit with or without instructions.

Lorraine C. Miller,Clerk.


116 HR 8019 IH: Climate Equity Act of 2020
U.S. House of Representatives
2020-08-11
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS2d SessionH. R. 8019IN THE HOUSE OF REPRESENTATIVESAugust 11, 2020Ms. 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 concernedA BILLTo ensure climate and environmental justice accountability, and for other purposes.1.Short title; table of contents(a)Short titleThis Act may be cited as the Climate Equity Act of 2020.(b)Table of contentsThe table of contents for this Act is as follows:Sec. 1. Short title; table of contents.Sec. 2. Findings.Sec. 3. Definitions.TITLE I—Congressional equity scoreSec. 101. Climate and Environmental Equity Office.TITLE II—Office of Climate and Environmental Justice AccountabilitySec. 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 regulationsSec. 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 investmentsSec. 401. Review of Federal investments.Sec. 402. Additional review.Sec. 403. Nonscheduled review.Sec. 404. Availability.TITLE V—Subnational guidanceSec. 501. Guidance for development of implementation plans.2.FindingsCongress finds that—(1)(A)the people of the United States have a right to live in a clean, healthful, and sustainable environment and climate, with access to clean air and clean water;(B)realizing the right described in subparagraph (A) will require addressing systemic environmental injustices and the growing inequities fueled by climate change;(C)the Federal Government has the responsibility to ensure that the right described in subparagraph (A) is realized; and(D)the Federal Government should be held accountable 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 environmental justice must acknowledge that—(A)climate change is—(i)an immediate crisis, the impacts of which the United States is already experiencing; 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 sources and the compounding impacts of a history of pollution exposure; and(C)the impacts of climate change will—(i)disproportionately affect the communities that are already facing environmental injustice; and(ii)increase stressors on vulnerable communities, including the elderly, the unhoused, and individuals with disabilities.3.DefinitionsIn this Act:(1)AgencyThe term agency has the meaning given the term in section 551 of title 5, United States Code.(2)Board of AdvisorsThe term Board of Advisors means the Board of Advisors established within the Office under section 203(a).(3)DirectorThe 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 nexusThe term environmental or climate change nexus includes an action that—(A)is intended to directly address or respond to the environment or climate change;(B)has an indirect impact on the status or quality of the environment or climate, including the construction of infrastructure and the manufacturing of goods;(C)has the potential to create or impact jobs relating to the transition to a clean economy; and(D)relates to public health that may be connected to pollution or climate change impacts.(5)Frontline community(A)In generalExcept as provided in subparagraph (B), the term frontline community has the meaning given the term by the Board of Advisors under section 205.(B)Interim meaningUntil the date on which the Board of Advisors establishes a definition of frontline community under section 205, the term frontline community means a community or population described in section 205(b).(6)InvestmentThe term investment includes a grant, loan, rebate, or other similar program that is carried out by an agency.(7)OfficeThe term Office means the Office of Climate and Environmental Justice Accountability established by section 201.(8)RuleThe term rule has the meaning given the term in section 601 of title 5, United States Code.ICongressional equity score101.Climate and Environmental Equity Office(a)Establishment of Climate and Environmental Equity OfficeSection 201 of the Congressional Budget Act of 1974 (2 U.S.C. 601) is amended by adding at the end the following:(h)Climate and Environmental Equity Office(1)In generalThere is established in the Office a Climate and Environmental Equity Office.(2)DirectorThe Climate and Environmental Equity Office shall be headed by a Director appointed by the Director of the Office..(b)Duties and functionsSection 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 environmental or climate change nexus and frontline community have the meanings given those terms in section 3 of the Climate Equity Act of 2020.(B)(i)In addition to any analysis under section 402, the Climate and Environmental Equity Office 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 submit 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 Climate and Environmental Equity Office, in coordination with an advisory board composed of relevant experts and representatives from frontline communities identified in coordination with the Board of Advisors established under section 203(a) of the Climate Equity Act of 2020, shall develop and make publicly available criteria for analyzing the quantitative and qualitative impacts of legislation under this paragraph.(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 understanding relating to the impacts of policy on economic, social, environmental, and public health matters.(D)The Climate and Environmental Equity Office shall coordinate with the Director of the Office 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).(F)Any action taken by the Director of the Climate and Environmental Equity Office shall be informed by the best available science..IIOffice of Climate and Environmental Justice Accountability201.Establishment; head of the Office(a)In generalThere is established within the Office of Management and Budget an office, to be known as the Office of Climate and Environmental Justice Accountability.(b)Head of the OfficeThe head of the Office shall be appointed from civilian life by the President, by and with the advice and consent of the Senate.202.Functions; personnel(a)FunctionsThe functions of the Office include—(1)to represent the views of frontline communities 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;(4)to develop and coordinate relevant environmental justice definitions and nomenclature across the executive branch; (5)to monitor compliance with the requirements 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 Council. (b)Personnel(1)In generalOn 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 determines to be necessary to exercise and fulfill the powers and responsibilities of the Office.(2)CompensationThe 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 generalThe head of the Office shall work in coordination with the head of each agency 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 describedThe agencies referred 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;(R)the Council on Environmental Quality; and(S)any other Federal department, agency, commission, or office that the head of the Office determines to be appropriate.(3)FunctionThe function of a Director is to ensure the implementation of this Act within the applicable agency.203.Board of Advisors(a)EstablishmentThe 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 generalMembers of the Board of Advisors shall be appointed by the head of the Office, on the recommendation of the National Academy of Sciences.(B)Funding(i)In generalThere are authorized to be appropriated to the Office such sums as are necessary for the National Academy of Sciences to make recommendations under subparagraph (A).(ii)TransferThe head of the Office shall transfer to the National Academy of Sciences any amounts appropriated under clause (i).(2)Size of Board(A)In generalSubject to subparagraph (B), the Board of Advisors shall be composed of not less than 10 members that provide diverse and fair representation of frontline communities and allies of frontline communities, 1 of whom shall be designated chairperson.(B)Additional membersAt the discretion of the head of the Office, on the recommendation of the National Academy of Sciences, additional members representing frontline communities or allies of frontline communities may be added to the Board of Advisors on an interim or permanent basis.(3)QualificationsEach member of the Board of Advisors shall be—(A)(i)a representative of a frontline community; 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)TermA member of the Board of Advisors shall serve for a term of 3 years, which may be renewed for 1 additional term of 3 years on the recommendation of the National Academy of Sciences.(c)CompensationMembers of the Board of Advisors may be compensated at a rate to be fixed by the President but not to exceed the maximum amount of compensation 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 transparencyThe 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 transparency, including making the advice of the Board of Advisors publicly available in electronic form, including video streaming, on the website of the Office.204.Budgetary line item and authorization of appropriations(a)Appropriation requestsEach 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 appropriations requested for the Office, which shall be designated in a separate account in the general fund of the Treasury.(b)Administrative operationsThe Director of the Office of Management and Budget shall provide the Office with appropriate and adequate office space at central and field office locations, together with such equipment, 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 appropriationsThere are authorized to be appropriated such sums as are necessary to carry out this title, to remain available until expended.205.Definition of frontline community(a)In generalThe Board of Advisors shall establish a definition of frontline community for purposes of this Act.(b)RequirementsThe definition under subsection (a) shall include, at a minimum—(1)a community or population that has experienced systemic socioeconomic disparities, environmental injustice, or another form of injustice, including—(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 inequitable 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 dependent on fossil fuel industries; and(3)the women, the youth, and all of the descendants of women or youth that are part of a community or population described in paragraph (1) or (2). (c)UpdatesThe Board of Advisors shall iteratively reexamine the definition of frontline community established under subsection (a) and update that definition, as the Board of Advisors determines to be appropriate.IIIRules and regulations301.Climate and environmental justice accountability agenda(a)In generalDuring the months of October and April of each year, each agency shall publish in the Federal Register a climate and environmental justice accountability 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 promulgate which is likely to have a significant positive or negative economic, public health, or environmental impact on a substantial number of residents within 1 or more frontline communities;(2)a summary of—(A)the nature of each rule under consideration for each subject area listed in the agenda pursuant to paragraph (1);(B)the objectives and legal basis for the issuance of each rule listed in the agenda pursuant to paragraph (1); and(C)an approximate schedule for completing action on any rule for which the agency has issued a general notice of proposed rulemaking; and(3)the name and telephone number of an agency official knowledgeable concerning the items listed in paragraph (1).(b)SubmissionEach agenda shall be transmitted to the head of the Office for comment, if any.(c)Frontline communitiesEach agency shall—(1)provide notice of each agenda to frontline communities or representatives of the frontline communities through—(A)direct notification of frontline communities; or(B)publication of the agenda in publications likely to be obtained by frontline communities; and(2)invite comments on each subject area on the agenda.(d)Savings provisionNothing in this section—(1)precludes an agency from considering or acting on any matter not included in an agenda of the agency; or(2)requires an agency to consider or act on any matter listed in the agenda.302.Initial climate and environmental justice analysis(a)Determination of potential significant impact(1)In generalWhenever an agency is required by section 553 of title 5, United States Code, or any other law, to publish a general notice of proposed rulemaking for a proposed rule, or publishes a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws of the United States, the Board of Advisors, in coordination with the Director of the agency, shall determine whether the proposed rule may have a significant impact on 1 or more frontline communities.(2)Determination of no potential significant impactIf the Board of Advisors determines under paragraph (1) that a proposed rule will not have a significant impact on 1 or more frontline communities, the Board of Advisors shall make publicly available on the website of the Office and publish in the Federal Register a statement of the rationale for that determination. (b)Initial regulatory analysis(1)In generalSubject to section 305(b), in the case of a proposed rule that the Board of Advisors determines may have a significant impact on 1 or more frontline communities under subsection (a)(1), the applicable agency shall—(A)in coordination with the Director of the agency, prepare an initial climate and environmental justice analysis; and(B)make available for public comment the initial climate and environmental justice analysis under subparagraph (A). (2)Requirements(A)Impact on frontline communitiesAn initial climate and environmental justice analysis under paragraph (1)(A) shall describe the quantitative and qualitative impacts of the proposed rule on frontline communities, including cultural impacts.(B)PublicationThe initial climate and environmental justice analysis under paragraph (1)(A), or a summary of that analysis, shall be published in the Federal Register at the time of the publication of the general notice of proposed rulemaking for the rule.(3)TransmissionThe agency shall transmit a copy of the initial climate and environmental justice analysis under paragraph (1)(A) to the head of the Office.(c)RequirementsEach initial climate and environmental justice analysis under subsection (b)(1)(A) shall contain—(1)a description of the reasons why action by the agency is being considered;(2)a succinct statement of the objectives of, and legal basis for, the proposed rule;(3)a description of and, where feasible, an estimate of the number of residents of frontline communities on which the proposed rule will have a significant impact;(4)a description of the impact to individual frontline communities; (5)a description of input and comments from coordination with frontline communities under section 305;(6)a justification for the incorporation or rejection of any comments from coordination with frontline communities under section 305;(7)a description of the individuals and groups from the coordination with frontline communities under section 305; and(8)an identification, to the extent practicable, of all relevant Federal rules which may duplicate, overlap, or conflict with the proposed rule.(d)Significant alternativesAn initial climate and environmental justice analysis under subsection (b)(1)(A) shall contain a description of any significant alternatives to the proposed rule that—(1)accomplish the stated objectives of applicable statutes; and(2)(A)minimize any significant negative economic, environmental, or public health impact of the proposed rule on frontline communities; or(B)maximize any significant positive economic, environmental, or public health impact of the proposed rule on frontline communities.(e)Projected impactsAn initial climate and environmental justice analysis under subsection (b)(1)(A) shall include a description of—(1)any projected economic, environmental, or public health impacts, positive or negative, on frontline communities as a result of the proposed rule;(2)any potential cumulative impact on frontline communities that results from the proposed rule, in combination with previously promulgated rules;(3)any significant alternatives to the proposed rule that—(A)accomplish the stated objectives of applicable statutes; and(B)(i)minimize any significant negative economic, environmental, or public health impact of the proposed rule on frontline communities; or(ii)maximize any significant positive economic, environmental, or public health impact of the proposed rule on frontline communities; and(4)the advice and recommendations of representatives of frontline communities under section 305(c)(1) relating to issues described in paragraphs (1), (2), and (3).303.Final climate and environmental justice analysis(a)Final analysis(1)In generalWhen an agency promulgates a final rule under section 553 of title 5, United States Code, after being required by that section or any other law to publish a general notice of proposed rulemaking, or promulgates a final interpretative rule involving the internal revenue laws of the United States as described in section 302(a), and the agency was required to prepare an initial climate and environmental justice analysis for the applicable proposed rule under section 302(b)(1)(A), the agency shall prepare a final climate and environmental justice analysis.(2)RequirementsEach final climate and environmental justice analysis under paragraph (1) shall contain—(A)a statement of the need for, and objectives of, the rule;(B)a statement of—(i)the issues raised by frontline communities through consultation under section 305 in preparing the initial climate and environmental justice analysis under section 302(b)(1)(A);(ii)an assessment of the issues described in clause (i); and(iii)any modification to the proposed rule as a result of the assessment described in clause (ii);(C)(i)the response of the agency to any comments filed by the head of the Office or the Board of Advisors in response to the proposed rule; and(ii)a detailed statement of any change made to the proposed rule in the final rule as a result of the comments described in clause (i);(D)a description of and an estimate of the number of residents of frontline communities to which the rule will apply or an explanation of why no such estimate is available; and(E)a description of the steps the agency has taken to minimize the negative, or maximize the positive, significant economic, environmental, and public health impact on frontline communities that are consistent with the stated objectives of applicable statutes, including—(i)a statement of the factual, policy, and legal reasons for selecting the alternative adopted in the final rule; and(ii)a description of why each 1 of the other significant alternatives to the rule considered by the agency which affect the impact on frontline communities was rejected.(3)ConsiderationIn developing the final climate and environmental justice analysis under paragraph (1), the agency shall give strong consideration to the comments, recommendations, and findings within a report of a review panel under section 305(c)(6), if any, to ensure that benefits are maximized to impacted frontline communities.(b)PublicationThe head of the agency shall publish in the Federal Register the final climate and environmental justice analysis under subsection (a)(1) or a summary of that analysis.304.Avoidance of duplicative or unnecessary analyses(a)Simultaneous analysesAn agency may perform the analyses required by sections 301, 302, and 303 in conjunction with or as a part of any other agenda or analysis required by any other law if the other analysis satisfies the provisions of those sections, including the analyses required under chapter 6 of title 5, United States Code.(b)Exceptions(1)Small numbers affectedSections 302 and 303 shall not apply to any proposed or final rule if—(A)the head of the agency certifies that the rule will not, if promulgated, have a significant economic, environmental, or public health impact on a substantial number of members of 1 or more frontline communities; and(B)the head of the Office, in consultation with the Board of Advisors, approves of the certification under subparagraph (A).(2)CertificationIf the head of the agency makes a certification under paragraph (1)(A), the agency shall—(A)publish the certification in the Federal Register at the time of publication of general notice of proposed rulemaking for the rule or at the time of publication of the final rule, along with a statement providing the factual basis for such certification; and(B)provide the certification and statement described in subparagraph (A) to the head of the Office.(c)Similar rulesIn order to avoid duplicative action, at the discretion of the Board of Advisors and in consultation with the applicable Director, an agency may consider a series of closely related rules as 1 rule for the purposes of sections 301, 302, 303, and 306.305.Procedures for gathering comments(a)In generalWhen a rule is promulgated that will have a significant economic, environmental, or public health impact on a substantial number of members of 1 or more frontline communities, the head of the agency promulgating the rule shall ensure that frontline communities have been given an opportunity to participate in the rulemaking for the rule through, at a minimum—(1)the inclusion in an advanced notice of proposed rulemaking, if issued, of a statement that the proposed rule may have a significant economic, environmental, or public health effect on a substantial number of members of 1 or more frontline communities;(2)the publication of general notice of proposed rulemaking in publications likely to be obtained by frontline communities;(3)the direct notification of interested frontline communities, including through community centers and schools;(4)the conduct of open conferences or public hearings concerning the rule for frontline communities, including soliciting and receiving comments over computer networks; and(5)the adoption or modification of agency procedural rules to reduce the cost or complexity of participation in the rulemaking by frontline communities.(b)RequirementsPrior to publication of an initial climate and environmental justice analysis under section 302(b)(1)(A) for a proposed rule—(1)an agency shall notify the head of the Office of the initial climate and environmental justice analysis and provide the head of the Office with information on—(A)the potential impacts of the proposed rule on frontline communities; and(B)the type of frontline communities that might be affected;(2)the agency shall ensure that frontline communities have been given an opportunity to participate through public comment in accordance with subsection (a);(3)the agency shall carry out the review panel process described in subsection (c) for the proposed rule; and(4)the agency shall—(A)incorporate comments, advice, and recommendations from frontline communities; and(B)where appropriate, modify—(i)the proposed rule; or(ii)the initial climate and environmental justice analysis.(c)Review panels(1)Frontline community representative advisory committees(A)Identification of representativesNot later than 30 days after the date on which the head of the Office receives the materials described in subsection (b)(1) for a proposed rule, the head of the Office, in coordination with the Board of Advisors, shall—(i)identify individuals representative of affected frontline communities; and (ii)appoint those individuals to an advisory committee established for the purpose of obtaining advice and recommendations from those individuals about the potential impacts of the proposed rule.(B)Number of representatives(i)In generalSubject to clause (ii), the number of individuals appointed to an advisory committee under subparagraph (A)(ii) shall be determined by the head of the Office, in coordination with the Board of Advisors, based on the scope of the proposed rule described in that paragraph.(ii)MinimumNot fewer than 2 individuals shall be appointed under subparagraph (A)(ii) with respect to each proposed rule described in that subparagraph.(C)CompensationA representative on an advisory committee who is not an officer or employee of the Federal Government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed under chapter 51 and subchapter III of chapter 53 of title 5, United States Code, for each day (including travel time) during which the representative is engaged in the performance of the duties of the advisory committee.(D)Travel expensesA representative on an advisory committee shall be allowed travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the advisory committee. (E)Inapplicability of FACAThe Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to an advisory committee established under subparagraph (A)(ii).(2)Convention of review panels(A)In generalAn agency carrying out an initial climate and environmental justice analysis for a proposed rule under section 302(b)(1)(A) shall convene a review panel for the rule, consisting of—(i)full-time Federal employees of the office within the agency responsible for carrying out the proposed rule;(ii)the Director of the agency;(iii)full-time Federal employees of the Office of Information and Regulatory Affairs within the Office of Management and Budget;(iv)(I)the head of the Office; or(II)1 or more employees of the Office; and(v)1 or more members of the Board of Advisors.(B)FunctionsA review panel convened under subparagraph (A) shall—(i)review any material the agency has prepared in connection with this title, including any draft proposed rule; and(ii)collect advice and recommendations of the advisory committee of frontline community representatives established under paragraph (1)(A)(ii) on—(I)issues relating to the frontline community that are described in subsections (b), (c), (d), and (e) of section 302; and(II)any other relevant information relating to the potential impact of the proposed rule on the frontline community.(C)ReportNot later than 60 days after the date on which an agency convenes a review panel under subparagraph (A), the review panel shall submit a report to the head of the agency on—(i)the comments and recommendations of the advisory committee of frontline community representatives established under paragraph (1)(A)(ii); and(ii)the findings of the review panel as to the issues described in subparagraph (B)(ii).(d)Agency discretionThe head of an agency may apply subsection (b) to rules that the head of the agency intends to certify under section 304(b), but that the head of the agency believes may have a greater than de minimis impact on a substantial number of members of 1 or more frontline communities.306.Periodic review of rules(a)Periodic review(1)In generalNot later than 180 days after the date of enactment of this Act, each agency shall publish in the Federal Register a plan for the periodic review of the rules issued by the agency that have or will have a significant economic, environmental, or public health impact on a substantial number of members of 1 or more frontline communities.(2)AmendmentsThe plan under paragraph (1) may be amended by an agency at any time by publishing the revision in the Federal Register.(3)PurposeThe purpose of the periodic review under paragraph (1) shall be to determine whether the rules subject to the review should be—(A)continued without change; or(B)amended, consistent with the statutes under which the rules were issued, to minimize any significant economic, environmental, or public health impact of the rules on a substantial number of members of 1 or more frontline communities.(4)Review of existing rulesThe plan under paragraph (1) shall provide for the review of rules of the agency under that paragraph to be completed—(A)for rules of the agency existing on the date of enactment of this Act, not later than the date that is 10 years after the date of enactment of this Act; and(B)for rules of the agency adopted after the date of enactment of this Act, not later than the date that is 10 years after the date on which the final rule is issued.(b)ConsiderationsIn reviewing rules under the plan under subsection (a)(1) to minimize negative or maximize positive significant economic, environmental, or public health impact of the rule on a substantial number of members of 1 or more frontline communities in a manner consistent with the stated objectives of applicable statutes, the agency shall consider—(1)the impact of the rule on the relevant frontline communities; and(2)the length of time since the rule has been evaluated or the degree to which technology, economic conditions, or other factors have changed that are relevant to the rule. (c)Annual list(1)In generalEach year, the head of each agency shall publish in the Federal Register a list of the rules which have a significant economic, environmental, or public health impact on a substantial number of members of 1 or more frontline communities, which are to be reviewed pursuant to this section during the 12-month period starting on the date of the publication of the list.(2)RequirementThe list under paragraph (1) shall—(A)include—(i)a brief description of each rule; and(ii)the need for and legal basis of each rule; and(B)invite public comment on each rule.(d)Exceptions(1)Small numbers affectedThis section shall not apply to a rule if—(A)the head of the agency certifies that the rule does not or will not have a significant economic, environmental, or public health impact on a substantial number of members of 1 or more frontline communities; and(B)the head of the Office, in consultation with the Board of Advisors, approves of the certification under subparagraph (A).(2)CertificationIf the head of the agency makes a certification under paragraph (1)(A), the agency shall—(A)publish the certification in the Federal Register, along with a statement providing the factual basis for such certification; and(B)provide the certification and statement described in subparagraph (A) to the head of the Office. 307.Judicial review(a)Judicial review(1)Final agency action(A)In generalFor any rule subject to this title, a frontline community that is relevant with regard to a final agency action is entitled to judicial review of agency compliance with the requirements of sections 303, 304(b), and 306 in accordance with chapter 7 of title 5, United States Code.(B)ComplianceAgency compliance with section 305(a) shall be judicially reviewable in connection with judicial review of section 303.(2)Jurisdiction(A)In generalEach court having jurisdiction to review a rule for compliance with section 553 of title 5, United States Code, or under any other provision of law, shall have jurisdiction to review any claims of noncompliance with sections 303, 304(b), and 306 in accordance with chapter 7 of title 5, United States Code.(B)ComplianceAgency compliance with section 305(a) shall be judicially reviewable in connection with judicial review of section 303.(3)LimitationA frontline community may seek a review described in paragraph (1) during the period—(A)beginning on the date of final agency action; and(B)ending on the later of—(i)the date required by the statute under which the applicable rule was issued; and(ii)1 year after the date described in subparagraph (A).(4)ReliefIn granting any relief in an action under this section, the court shall order the agency to take corrective action consistent with this title and chapter 7 of title 5, United States Code, including—(A)remanding the rule to the agency for correction; and(B)deferring the enforcement of the rule against frontline communities unless the court finds that continued enforcement of the rule is in the public interest.(5)No limitation of authorityNothing in this subsection limits the authority of a court to stay the effective date of a rule, or provision of a rule, under any other provision of law or to grant any other relief in addition to the requirements of this section.(b)RecordIn an action for the judicial review of a rule, the climate and environmental justice analysis for that rule, including an initial climate and environmental justice analysis prepared or corrected pursuant to subsection (a)(4)(A), shall constitute part of the entire record of agency action in connection with such review.(c)ComplianceCompliance or noncompliance by an agency with the provisions of this title shall be subject to judicial review only in accordance with this section.(d)SavingsNothing in this section bars judicial review of any other impact statement or similar analysis required by any other law if judicial review of such statement or analysis is otherwise permitted by law.308.AvailabilityAny analysis conducted, or other document prepared, under this title shall be made available to the public through the Office.IVFederal investments401.Review of Federal investments(a)IdentificationNot later than 2 years after the date of enactment of this Act, and every 5 years thereafter, the head of the Office shall work with the head of each agency to determine which investments of the agency have an environmental or climate change nexus.(b)Review(1)In generalNot later than 5 years after the date of enactment of this Act, for each investment of an agency identified under subsection (a), the Director of the agency and the head of the agency shall carry out a review of the investment to ensure that, to the extent allowable by law, frontline communities benefit from the investment.(2)RequirementsThe review under paragraph (1) shall include—(A)an examination of the eligibility requirements for the investment to ensure that frontline communities can compete to receive the investment;(B)an examination of the assistance or options for required non-Federal cost shares for applicants that are, or serve, frontline communities;(C)an examination of whether priority for the investment may be given if the applicant is or primarily serves a frontline community; and(D)an examination of the diversity of the historical recipients of the investment. (c)New investmentsNotwithstanding any other provision of law, a new investment with an environmental or climate change nexus shall undergo an assessment to ensure that—(1)to the extent allowed by the laws governing the investment, frontline communities benefit from the investment;(2)an examination of the eligibility requirements for the investment to ensure that frontline communities can compete to receive the investment;(3)an examination of the assistance or options for required non-Federal cost shares for applicants that are, or serve, frontline communities;(4)an examination of whether priority for the investment may be given if the applicant is or primarily serves a frontline community; and(5)an examination of how to increase the diversity of recipients of the investment. (d)Retrospective reviewNot less frequently than once every 10 years, the head of the Office shall work with the head of each agency and the Director of that agency to review the application and administration of any investment of the agency with an environmental or climate change nexus to ensure that the investment is serving frontline communities.(e)Final report(1)In generalAfter an agency carries out a review under subsection (b), (c), or (d), the head of the agency shall, in coordination with a review panel under section 402(b), if any, prepare a final report describing the results of the review.(2)RequirementsA final report under paragraph (1) shall contain—(A)a statement of the need for, and the objectives of, the investment;(B)a statement of—(i)the recommendations of the review panel under section 402(d)(2), if any; and(ii)any changes made in the implementation of the investment as a result of the recommendations described in clause (i), if any; and(C)a description of the steps the agency has taken to ensure that frontline communities benefit from the investment, including a description of the factual, policy, and legal reasons why each of the recommendations described in subparagraph (B)(i), if any, was rejected or adopted.(3)ConsiderationIn preparing a final report under paragraph (1), the head of the agency with jurisdiction over an investment subject to additional review under section 402, in coordination with the head of the Office, shall give strong consideration to the findings and recommendations described in the report under section 402(d). (4)PublicationThe head of the agency preparing the final report under paragraph (1) shall publish in the Federal Register—(A)the final report; or(B)a summary of the final report.402.Additional review(a)IdentificationIf the head of the Office, in coordination with the Board of Advisors and the applicable Director, determines that an investment subject to a review under subsection (b), (c), or (d) of section 401 requires additional review, or the head of the Office directs the review of an investment in accordance with section 403, the head of the Office, in coordination with the Board of Advisors and the applicable Director, shall identify individuals representative of affected frontline communities and allies of frontline communities for the purpose of obtaining advice and recommendations from those individuals for changes to the administrative or substantive aspects of the investment that are not properly serving frontline communities.(b)Review panelsIf the head of the Office, in coordination with the Board of Advisors and the applicable Director, determines convening a review panel for an investment subject to a review under subsection (b), (c), or (d) of section 401 to be necessary, or the head of the Office directs the review of an investment in accordance with section 403, the head of the Office shall convene such a review panel, consisting of—(1)(A)the head of the Office; or(B)1 or more employees of the Office;(2)1 or more members of the Board of Advisors;(3)the Director of the agency; and(4)full-time Federal employees of the office within the agency responsible for carrying out the proposed rule.(c)FunctionA review panel convened under subsection (b) shall collect advice and recommendations of each individual frontline community representative and ally identified under subsection (a), after consultation with the head of the Office, on issues relating to the administrative or substantive aspects of the investment that are not properly serving frontline communities.(d)ReportNot later than 60 days after the head of the Office convenes a review panel under subsection (b), the review panel shall submit to the head of the Office and the agency with jurisdiction over the investment a report describing—(1)the comments of the review panel on the advice and recommendations of frontline communities and allies collected under subsection (c); and(2)the findings and recommendations of the review panel.(e)PublicationThe head of the agency with jurisdiction over an investment subject to additional review under this section shall publish in the Federal Register—(1)the report of the review panel under subsection (d); or(2)a summary of the report of the review panel under subsection (d).403.Nonscheduled reviewThe head of the Office may direct a review under section 402 of an investment with respect to which sufficient complaints have been brought from 1 or more frontline communities or allies.404.AvailabilityAny review or analysis conducted, or other document prepared, under this title shall be made available to the public through the Office.VSubnational guidance501.Guidance for development of implementation plans(a)Definition of State implementation planIn this section, the term State implementation plan means a plan or a component of a plan established by a State to implement a Federal law or regulation with an environmental or climate change nexus.(b)GuidanceNot later than 180 days after the date of enactment of this Act, the head of the Office shall issue guidance for States for the consideration of, and consultation with, frontline communities in the process of developing a State implementation plan.


I
108th CONGRESS 2d Session
H. R. 5407
IN THE HOUSE OF REPRESENTATIVES

November 19, 2004
Mr. Larson of Connecticut introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to the Committee on Science, 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 require the Secretary of Energy to prepare a strategic plan to ensure that the United States is energy self-sufficient by the year 2015.

1.Short titleThis Act may be cited as the Energy Independence Act of 2004.
2.Domestic Energy Self-Sufficiency PlanSection 801 of the Department of Energy Organization Act (42 U.S.C. 7321) is amended by adding the following new subsection at the end thereof:

(e)
(1)Each plan submitted under this section after the date one year after the date of enactment of this subsection shall include a strategic plan to ensure that the United States is energy self-sufficient by the year 2015.
(2)The strategic plan under this subsection shall examine and report on the status of existing energy technology and domestic resources as well as developing energy generation and transmission technologies, including, but not limited to fuel cell technology, and should focus on their integration into an overall national energy portfolio to meet the stated goal of achieving energy self-sufficiency within 10 years.
(3)The strategic plan shall include recommendations to Congress for targeted research and development in promising new energy generation and transmission technologies, and funding levels necessary for specific programs and research efforts necessary to implement a plan providing for the energy self-sufficiency of the United States within the next 10 years..


116 HR 870 IH: To reauthorize the Historically Black Colleges and Universities Historic Preservation program.
U.S. House of Representatives
2019-01-30
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I116th CONGRESS1st SessionH. R. 870IN THE HOUSE OF REPRESENTATIVESJanuary 30, 2019Mr. Clyburn (for himself, Ms. Bass, Ms. Moore, Mr. Neguse, Mr. Horsford, Mrs. Hayes, Ms. Omar, Mr. Butterfield, Ms. Sewell of Alabama, Ms. Fudge, Ms. Johnson of Texas, Ms. Lee of California, Ms. Norton, Mrs. Demings, Ms. Kelly of Illinois, Ms. Clarke of New York, Mr. Johnson of Georgia, Mr. Thompson of Mississippi, Mr. Richmond, Mr. Bishop of Georgia, Mr. Danny K. Davis of Illinois, Mr. Carson of Indiana, Mr. Evans, Ms. Blunt Rochester, Mr. Rush, Ms. Jackson Lee, Mrs. McBath, Mr. Meeks, Mr. Cummings, Mr. David Scott of Georgia, Mr. Scott of Virginia, Mrs. Lawrence, Mr. Lewis, Mr. Veasey, Ms. Wilson of Florida, Mr. McEachin, Mrs. Watson Coleman, Mr. Brown of Maryland, and Mr. Allred) introduced the following bill; which was referred to the Committee on Natural ResourcesA BILLTo reauthorize the Historically Black Colleges and Universities Historic Preservation program.
1.Historically black colleges and universities historic preservation program reauthorized Section 507(d)(2) of the Omnibus Parks and Public Lands Management Act of 1996 (54 U.S.C. 302101 note) is amended by striking the period at the end and inserting and each of fiscal years 2019 through 2025.


117 HR 4926 IH: Low-frequency Energetic Acoustics and Vibrations Exasperate Act
U.S. House of Representatives
2021-08-03
text/xml
EN
Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS1st SessionH. R. 4926IN THE HOUSE OF REPRESENTATIVESAugust 3, 2021Ms. Speier (for herself and Ms. Eshoo) introduced the following bill; which was referred to the Committee on Transportation and InfrastructureA BILLTo establish that no Federal statute is intended to preempt a cause of action against an airport maintained in any State small claims or superior court by any individual or city within 5 miles of an airport when an action is brought for noise or nuisance caused by ground-based noise in violation of a State statute as specified, and for other purposes.1.Short titleThis Act may be cited as the Low-frequency Energetic Acoustics and Vibrations Exasperate Act or the LEAVE Act.2.Standard for noise or nuisance actions(a)StandardNotwithstanding any other provision of law, a standard enforceable in State court may be set by one or more States participating in a study described in subsection (b) upon publication of such study.(b)Study(1)In generalOne or more States may conduct one or more studies of ground-based noise from aircraft operations at an airport within a State.(2)CollaborationStates may collaborate on developing the methodology and standards for a study under this Act.(3)ContentA study under this Act shall—(A)identify the amount of ground-based noise emanating from one or more airports in the State or States during the study period;(B)identify the noise level above which there is present a substantial negative impact to residents and businesses within 5 miles of any airport that is studied; and(C)identify any diminution of real property values from those that might otherwise be attained in the absence of the noise that creates a substantial negative impact.(4)BaselineA study under this Act shall identify a baseline value of ground-based noise above which an airport in the study is presumed to be permitting an excess of noise to propagate to a community within 5 miles of an airport.(5)FactorsRecognizing that topography, characteristics of airport construction, weather, and variable air traffic volumes are among many factors affecting the amount of perceived ground-based noise emanating from an airport, a State—(A)need not establish a uniform standard of exceedance for every airport;(B)need not limit its analysis to such factors; and(C)shall establish a reasonable methodology for establishing such a standard and apply such methodology across the State or States.(6)MethodologyThe methodology for establishing the standard may take into account—(A)a history of ground-based noise emanating from the airport;(B)the reasonable expectations of impacted residents for the quiet use and enjoyment of owned or rented property; and(C)any other factors that a State considers appropriate to reduce substantial negative impacts of noise propagating to a community within 5 miles of an airport.(7)Setting aside of methodology or standardA methodology or standard established by a State shall not be set aside unless a Federal court determines such methodology or standard to be arbitrary or capricious.(8)PublicationA study described in this subsection shall be published.(c)PreemptionCongress hereby finds and declares that no Federal statute is intended to preempt a cause of action against an airport maintained in any State small claims or superior court, by any individual or city within 5 miles of the airport, when an exceedance of a standard established by a State pursuant to this Act for an airport is averred.(d)DefinitionsIn this Act, the following definitions apply:(1)Ground-based noiseThe term ground-based noise means noise emanating from an aircraft operating on the ground predominately consisting of noise of 200 Hz or below.(2)Substantial negative impactThe term substantial negative impact means a noise exceedance that is injurious to health, offensive to the senses, or an obstruction to the free use of property, and interferes with the comfortable enjoyment of life or property by an entire community or neighborhood, or by any considerable number of persons, whether or not the entire community or those considerable number of persons participate in the cause of action.