[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4513 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4513

  To ensure climate and environmental justice accountability, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             August 6, 2020

  Ms. Harris introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
  To ensure climate and environmental justice accountability, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives 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.
                  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.
Sec. 205. Definition of frontline community.
                    TITLE III--RULES AND REGULATIONS

Sec. 301. Climate and environmental justice accountability agenda.
Sec. 302. Initial climate and environmental justice analysis.
Sec. 303. Final climate and environmental justice analysis.
Sec. 304. Avoidance of duplicative or unnecessary analyses.
Sec. 305. Procedures for gathering comments.
Sec. 306. Periodic review of rules.
Sec. 307. Judicial review.
Sec. 308. Availability.
                     TITLE IV--FEDERAL INVESTMENTS

Sec. 401. Review of Federal investments.
Sec. 402. Additional review.
Sec. 403. Nonscheduled review.
Sec. 404. Availability.
                     TITLE V--SUBNATIONAL GUIDANCE

Sec. 501. Guidance for development of implementation plans.

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 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.

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 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 general.--Except 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 meaning.--Until 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) Investment.--The term ``investment'' includes a grant, 
        loan, rebate, or other similar program that is carried out by 
        an agency.
            (7) Office.--The term ``Office'' means the Office of 
        Climate and Environmental Justice Accountability 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 Environmental Equity Office.--
Section 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 general.--There is established in the Office a 
        Climate and Environmental Equity Office.
            ``(2) Director.--The Climate and Environmental 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 `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.''.

  TITLE II--OFFICE OF CLIMATE AND ENVIRONMENTAL JUSTICE 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 Accountability''.
    (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 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 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 determines 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 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 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) 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 National Academy of Sciences.
                    (B) Funding.--
                            (i) In general.--There 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) Transfer.--The head of the Office 
                        shall transfer to the National Academy of 
                        Sciences any amounts appropriated under clause 
                        (i).
            (2) Size of board.--
                    (A) In general.--Subject 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 members.--At 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) Qualifications.--Each 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) Term.--A 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) Compensation.--Members 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 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 transparency, including making the 
advice of the Board of Advisors 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 
appropriations 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 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 Appropriations.--There are authorized to be 
appropriated such sums as are necessary to carry out this title, to 
remain available until expended.

SEC. 205. DEFINITION OF FRONTLINE COMMUNITY.

    (a) In General.--The Board of Advisors shall establish a definition 
of ``frontline community'' for purposes of this Act.
    (b) Inclusions.--The 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) Requirements.--The Board of Advisors shall--
            (1) develop the definition under subsection (a) in 
        coordination with relevant experts; and
            (2) incorporate in the definition under subsection (a) the 
        best available science and understanding of the impacts of 
        environmental, climate, and public health hazards on the 
        communities and populations described in subsection (b).
    (d) Updates.--The 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.

                    TITLE III--RULES AND REGULATIONS

SEC. 301. CLIMATE AND ENVIRONMENTAL JUSTICE ACCOUNTABILITY 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 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) Submission.--Each agenda shall be transmitted to the head of 
the Office for comment, if any.
    (c) Frontline Communities.--Each 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 Provision.--Nothing 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.

SEC. 302. INITIAL CLIMATE AND ENVIRONMENTAL JUSTICE ANALYSIS.

    (a) Determination of Potential Significant Impact.--
            (1) In general.--Whenever 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 impact.--If 
        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 general.--Subject 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 communities.--An 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) Publication.--The 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) Transmission.--The agency shall transmit a copy of the 
        initial climate and environmental justice analysis under 
        paragraph (1)(A) to the head of the Office.
    (c) Requirements.--Each 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 Alternatives.--An 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 Impacts.--An 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).

SEC. 303. FINAL CLIMATE AND ENVIRONMENTAL JUSTICE ANALYSIS.

    (a) Final Analysis.--
            (1) In general.--When 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) Requirements.--Each 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) Consideration.--In 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) Publication.--The 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.

SEC. 304. AVOIDANCE OF DUPLICATIVE OR UNNECESSARY ANALYSES.

    (a) Simultaneous Analyses.--An 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 affected.--Sections 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) Certification.--If 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 Rules.--In 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.

SEC. 305. PROCEDURES FOR GATHERING COMMENTS.

    (a) In General.--When 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) Requirements.--Prior 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 representatives.--Not 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 general.--Subject 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) Minimum.--Not fewer than 2 individuals 
                        shall be appointed under subparagraph (A)(ii) 
                        with respect to each proposed rule described in 
                        that subparagraph.
                    (C) Compensation.--A 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 expenses.--A 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 faca.--The 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 general.--An 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) Functions.--A 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) Report.--Not 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 Discretion.--The 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.

SEC. 306. PERIODIC REVIEW OF RULES.

    (a) Periodic Review.--
            (1) In general.--Not 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) Amendments.--The plan under paragraph (1) may be 
        amended by an agency at any time by publishing the revision in 
        the Federal Register.
            (3) Purpose.--The 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 rules.--The 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) Considerations.--In 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 general.--Each 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) Requirement.--The 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 affected.--This 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) Certification.--If 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.

SEC. 307. JUDICIAL REVIEW.

    (a) Judicial Review.--
            (1) Final agency action.--
                    (A) In general.--For 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) Compliance.--Agency compliance with section 
                305(a) shall be judicially reviewable in connection 
                with judicial review of section 303.
            (2) Jurisdiction.--
                    (A) In general.--Each 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) Compliance.--Agency compliance with section 
                305(a) shall be judicially reviewable in connection 
                with judicial review of section 303.
            (3) Limitation.--A 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) Relief.--In 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 authority.--Nothing 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) Record.--In 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) Compliance.--Compliance or noncompliance by an agency with the 
provisions of this title shall be subject to judicial review only in 
accordance with this section.
    (d) Savings.--Nothing 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.

SEC. 308. AVAILABILITY.

    Any analysis conducted, or other document prepared, under this 
title shall be made available to the public through the Office.

                     TITLE IV--FEDERAL INVESTMENTS

SEC. 401. REVIEW OF FEDERAL INVESTMENTS.

    (a) Identification.--Not 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 general.--Not 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) Requirements.--The 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 Investments.--Notwithstanding 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 Review.--Not 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 general.--After 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) Requirements.--A 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) Consideration.--In 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) Publication.--The 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.

SEC. 402. ADDITIONAL REVIEW.

    (a) Identification.--If 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 Panels.--If 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) Function.--A 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) Report.--Not 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) Publication.--The 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).

SEC. 403. NONSCHEDULED REVIEW.

    The 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.

SEC. 404. AVAILABILITY.

    Any review or analysis conducted, or other document prepared, under 
this title shall be made available to the public through the Office.

                     TITLE V--SUBNATIONAL GUIDANCE

SEC. 501. GUIDANCE FOR DEVELOPMENT OF IMPLEMENTATION PLANS.

    (a) Definition of State Implementation Plan.--In 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) Guidance.--Not 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.
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