[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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