,,ii  #aafth ,,congress  #b;d ,session  
,s4 #deac  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,august #f1    
#bjbj,ms4 ,harris introduced the        
following bill2 which was read twice and
 referred to the ,committee on ,homeland
 ,security and ,governmental ,affairs   
,a ,,bill  ,to ensure climate and       
environmental justice accountability1   
and for other purposes4  #a4 ,short     
title2 table of contents  7a7 ,short    
title ,this ,act may be cited as the    
,climate ,equity ,act of #bjbj4  7b7    
,table of contents ,the table of        
contents for this ,act is as follows3   
,sec4 #a4 ,short title2 table of        
contents4,sec4 #b4 ,findings4,sec4 #c4  
,definitions4,,title ,i--,congressional 
equity score,sec4 #aja4 ,climate and    
,environmental ,equity ,office4,,title  
,,ii--,office of ,climate and           
,environmental ,justice                 
,accountability,sec4 #bja4              
,establishment2 head of the             
,office4,sec4 #bjb4 ,functions2         

personnel4,sec4 #bjc4 ,board of         
,advisors4,sec4 #bjd4 ,budgetary line   
item and authorization of               
appropriations4,sec4 #bje4 ,definition  
of frontline community4,,title          
,,iii--,rules and regulations,sec4 #cja4
 ,climate and environmental justice     
accountability agenda4,sec4 #cjb4       
,initial climate and environmental      
justice analysis4,sec4 #cjc4 ,final     
climate and environmental justice       
analysis4,sec4 #cjd4 ,avoidance of      
duplicative or unnecessary              
analyses4,sec4 #cje4 ,procedures for    
gathering comments4,sec4 #cjf4 ,periodic
 review of rules4,sec4 #cjg4 ,judicial  
review4,sec4 #cjh4 ,availability4,,title
 ,,iv--,federal investments,sec4 #dja4  
,review of ,federal investments4,sec4   
#djb4 ,additional review4,sec4 #djc4    
,nonscheduled review4,sec4 #djd4        
,availability4,,title ,v--,subnational  
guidance,sec4 #eja4 ,guidance for       
development of implementation plans4    
#b4 ,findings ,congress finds that--    

7#a7 7,a7 the people of the ,united     
,states have a right to live in a clean1
 healthful1 and sustainable environment 
and climate1 with access to clean air   
and clean water2  7,b7 realizing the    
right described in subparagraph 7,a7    
will require addressing systemic        
environmental injustices and the growing
 inequities fueled by climate change2   
7,c7 the ,federal ,government has the   
responsibility to ensure that the right 
described in subparagraph 7,a7 is       
realized2 and  7,d7 the ,federal        
,government should be held accountable  
to protect the individuals most impacted
 by environmental degradation1 climate  
change1 and the fight to address climate
 change2  7#b7 addressing the climate   
crisis will require a comprehensive set 
of solutions that includes-- 7,a7       
,federal investment2  7,b7 the          
promulgation and enforcement of rules   
and regulations2 and  7,c7 international
 and intergovernmental cooperation2 and 
7#c7 any policy to address climate and  

environmental justice must acknowledge  
that-- 7,a7 climate change is-- 7i7 an  
immediate crisis1 the impacts of which  
the ,united ,states is already          
experiencing2 and  7ii7 a systemic      
injustice multiplier2  7,b7 low-income  
communities1 indigenous communities1 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       
exposure2 and  7,c7 the impacts of      
climate change will-- 7i7               
disproportionately affect the           
communities that are already facing     
environmental injustice2 and  7ii7      
increase stressors on vulnerable        
communities1 including the elderly1 the 
unhoused1 and individuals with          
disabilities4  #c4 ,definitions ,in this
 ,act3 7#a7 ,agency ,the term agency has
 the meaning given the term in section  
#eea of title #e1 ,united ,states ,code4
  7#b7 ,board of ,advisors ,the term    

,board of ,advisors means the ,board of 
,advisors established within the ,office
 under section #bjc7;a74  7#c7 ,director
 ,the term ,director means a ,director  
of ,climate and ,environmental ,justice 
for an agency1 as established under     
section #bjb7;c77#a74  7#d7             
,environmental or climate change nexus  
,the term environmental or climate      
change nexus includes an action that--  
7,a7 is intended to directly address or 
respond to the environment or climate   
change2  7,b7 has an indirect impact on 
the status or quality of the environment
 or climate1 including the construction 
of infrastructure and the manufacturing 
of goods2  7,c7 has the potential to    
create or impact jobs relating to the   
transition to a clean economy2 and  7,d7
 relates to public health that may be   
connected to pollution or climate change
 impacts4  7#e7 ,frontline community    
7,a7 ,in general ,except as provided in 
subparagraph 7,b71 the term frontline   
community has the meaning given the term

 by the ,board of ,advisors under       
section #bje4  7,b7 ,interim meaning    
,until the date on which the ,board of  
,advisors establishes a definition of   
frontline community under section #bje1 
the term frontline community means a    
community or population described in    
section #bje7;b74  7#f7 ,investment ,the
 term investment includes a grant1 loan1
 rebate1 or other similar program that  
is carried out by an agency4  7#g7      
,office ,the term ,office means the     
,office of ,climate and ,environmental  
,justice ,accountability established by 
section #bja4  7#h7 ,rule ,the term rule
 has the meaning given the term in      
section #fja of title #e1 ,united       
,states ,code4  ,i ,congressional equity
 score  #aja4 ,climate and              
,environmental ,equity ,office  7a7     
,establishment of ,climate and          
,environmental ,equity ,office ,section 
#bja of the ,congressional ,budget ,act 
of #aigd 7#b ,u4,s4,c4 #fja7 is amended 
by adding at the end the following3  7h7

 ,climate and ,environmental ,equity    
,office  7#a7 ,in general ,there is     
established in the ,office a ,climate   
and ,environmental ,equity ,office4     
7#b7 ,director ,the ,climate and        
,environmental ,equity ,office shall be 
headed by a ,director appointed by the  
,director of the ,office4  4  7b7       
,duties and functions ,section #bjb7;c7 
of the ,congressional ,budget ,act of   
#aigd 7#b ,u4,s4,c4 #fjb7;c77 is amended
 by adding at the end the following3    
7#d7 7,a7 ,in this paragraph1 the terms 
environmental or climate change nexus   
and frontline community have the        
meanings given those terms in section #c
 of the ,climate ,equity ,act of #bjbj4 
7,b7 7i7 ,in addition to any analysis   
under section #djb1 the ,climate and    
,environmental ,equity ,office shall1 to
 the extent practicable1 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 7,c74  7ii7 ,a statement   
submitted under clause 7i7 shall be     
included in the report accompanying a   
bill or resolution if timely submitted  
to the applicable committee before the  
report is filed4  7,c7 7i7 ,not later   
than #a year after the date of enactment
 of this paragraph1 the ,director of the
 ,climate and ,environmental ,equity    
,office1 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     
#bjc7;a7 of the ,climate ,equity ,act of
 #bjbj1 shall develop and make publicly 
available criteria for analyzing the    

quantitative and qualitative impacts of 
legislation under this paragraph4  7ii7 
,the criteria developed under clause 7i7
 shall be reviewed once every #e years  
by an advisory board described in that  
clause to incorporate the best available
 science1 best practices1 and new       
understanding relating to the impacts of
 policy on economic1 social1            
environmental1 and public health        
matters4  7,d7 ,the ,climate and        
,environmental ,equity ,office shall    
coordinate with the ,director of the    
,office and other employees of the      
,office in carrying out this paragraph4 
7,e7 ,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 7,b74  7,f7
 ,any action taken by the ,director of  
the ,climate and ,environmental ,equity 
,office shall be informed by the best   
available science4  4  ,,ii ,office of  
,climate and ,environmental ,justice    
,accountability  #bja4 ,establishment2  
head of the ,office  7a7 ,in general    
,there is established within the ,office
 of ,management and ,budget an office1  
to be known as the ,office of ,climate  
and ,environmental ,justice             
,accountability4  7b7 ,head of the      
,office ,the head of the ,office shall  
be appointed from civilian life by the  
,president1 by and with the advice and  
consent of the ,senate4  #bjb4          
,functions2 personnel  7a7 ,functions   
,the functions of the ,office include-- 
7#a7 to represent the views of frontline
 communities in rulemaking2  7#b7 to    
conduct research1 using the best        
available science1 on environmental and 

climate issues and trends in frontline  
communities2  7#c7 to measure the direct
 and indirect costs of environmental and
 climate regulations on frontline       
communities2  7#d7 to develop and       
coordinate relevant environmental       
justice definitions and nomenclature    
across the ,executive ,branch2  7#e7 to 
monitor compliance with the requirements
 of this ,act2 and  7#f7 to coordinate  
with other ,federal efforts to address  
environmental justice1 such as efforts  
through the ,council on ,environmental  
,quality and the ,national              
,environmental ,justice ,advisory       
,council4  7b7 ,personnel  7#a7 ,in     
general ,on the recommendation of the   
,board of ,advisors1 the head of the    
,office shall appoint a secretary for   
the ,board of ,advisors1 and such other 
employees as the head of the ,office    
determines to be necessary to exercise  
and fulfill the powers and              
responsibilities of the ,office4  7#b7  
,compensation ,the compensation of all  

employees appointed under paragraph 7#a7
 shall be fixed in accordance with      
chapter #ea and subchapter ,,iii of     
chapter #ec of title #e1 ,united ,states
 ,code4  7c7 ,directors of ,climate and 
,environmental ,justice  7#a7 ,in       
general ,the head of the ,office shall  
work in coordination with the head of   
each agency described in paragraph 7#b7 
to establish or designate within each   
agency a position1 to be known as the   
,director of ,climate and ,environmental
 ,justice4  7#b7 ,agencies described    
,the agencies referred to in paragraph  
7#a7 are-- 7,a7 the ,environmental      
,protection ,agency2  7,b7 the          
,department of ,agriculture2  7,c7 the  
,department of ,commerce2  7,d7 the     
,department of ,defense2  7,e7 the      
,department of ,energy2  7,f7 the       
,department of ,health and ,human       
,services2  7,g7 the ,department of     
,homeland ,security2  7,h7 the          
,department of ,housing and ,urban      
,development2  7,i7 the ,department of  

the ,interior2  7,j7 the ,department of 
,labor2  7,k7 the ,department of        
,transportation2  7,l7 the ,department  
of ,education2  7,m7 the ,department of 
,justice2  7,n7 the ,department of the  
,treasury2  7,o7 the ,department of     
,veterans ,affairs2  7,p7 the ,small    
,business ,administration2  7,q7 the    
,office of ,science and ,technology     
,policy2  7,r7 the ,council on          
,environmental ,quality2 and  7,s7 any  
other ,federal department1 agency1      
commission1 or office that the head of  
the ,office determines to be            
appropriate4  7#c7 ,function ,the       
function of a ,director is to ensure the
 implementation of this ,act within the 
applicable agency4  #bjc4 ,board of     
,advisors  7a7 ,establishment ,the head 
of the ,office shall establish within   
the ,office a ,board of ,advisors1 which
 shall provide such scientific advice as
 may be requested by-- 7#a7 the         
,director of the ,office of ,management 
and ,budget2  7#b7 the head of the      

,office2  7#c7 a ,director2 or  7#d7 a  
member or committee of ,congress4  7b7  
,members  7#a7 ,appointment  7,a7 ,in   
general ,members of the ,board of       
,advisors shall be appointed by the head
 of the ,office1 on the recommendation  
of the ,national ,academy of ,sciences4 
7,b7 ,funding  7i7 ,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 
7,a74  7ii7 ,transfer ,the head of the  
,office shall transfer to the ,national 
,academy of ,sciences any amounts       
appropriated under clause 7i74  7#b7    
,size of ,board  7,a7 ,in general       
,subject to subparagraph 7,b71 the      
,board of ,advisors shall be composed of
 not less than #aj members that provide 
diverse and fair representation of      
frontline communities and allies of     
frontline communities1 #a of whom shall 
be designated chairperson4  7,b7        
,additional members ,at the discretion  

of the head of the ,office1 on the      
recommendation of the ,national ,academy
 of ,sciences1 additional members       
representing frontline communities or   
allies of frontline communities may be  
added to the ,board of ,advisors on an  
interim or permanent basis4  7#c7       
,qualifications ,each member of the     
,board of ,advisors shall be-- 7,a7 7i7 
a representative of a frontline         
community2 or  7ii7 an ally of a        
frontline community2 and  7,b7 qualified
 by education1 training1 and experience 
to evaluate information on matters      
referred to the ,board of ,advisors     
under this ,act4  7#d7 ,term ,a member  
of the ,board of ,advisors shall serve  
for a term of #c years1 which may be    
renewed for #a additional term of #c    
years on the recommendation of the      
,national ,academy of ,sciences4  7c7   
,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 7b7 of section #echb of title
 #e1 ,united ,states ,code4  7d7 ,public
 participation and transparency ,the    
,board of ,advisors shall make every    
effort1 consistent with applicable law1 
including section #eeb of title #e1     
,united ,states ,code 7commonly known as
 the ,freedom of ,information ,act71 and
 section #eeb;a of title #e1 ,united    
,states ,code 7commonly known as the    
,privacy ,act of #aigd71 to maximize    
public participation and transparency1  
including making the advice of the      
,board of ,advisors publicly available  
in electronic form1 including video     
streaming1 on the website of the        
,office4  #bjd4 ,budgetary line item and
 authorization of appropriations  7a7   
,appropriation requests ,each budget of 
the ,united ,states ,government         
submitted by the ,president under       
section #aaje of title #ca1 ,united     
,states ,code1 shall include a separate 

statement of the amount of              
appropriations requested for the        
,office1 which shall be designated in a 
separate account in the general fund of 
the ,treasury4  7b7 ,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 locations1 together with   
such equipment1 operating budget1 and   
communications facilities and services  
as may be necessary1 and shall provide  
necessary maintenance services for those
 offices and the equipment and          
facilities located in those offices4    
7c7 ,authorization of appropriations    
,there are authorized to be appropriated
 such sums as are necessary to carry out
 this title1 to remain available until  
expended4  #bje4 ,definition of         
frontline community  7a7 ,in general    
,the ,board of ,advisors shall establish
 a definition of frontline community for
 purposes of this ,act4  7b7 ,inclusions

 ,the definition under subsection 7a7   
shall include1 at a minimum-- 7#a7 a    
community or population that has        
experienced systemic socioeconomic      
disparities1 environmental injustice1 or
 another form of injustice1 including-- 
7,a7 a low-income community2  7,b7 an   
indigenous community2 and  7,c7 a       
community of color2  7#b7 a community or
 population that is the most vulnerable 
and will be the most adversely impacted 
by environmental and climate injustice  
and inequitable climate actions1        
including-- 7,a7 a community or         
population described in paragraph 7#a72 
7,b7 a deindustrialized community2  7,c7
 a depopulated rural community2  7,d7 a 
vulnerable elderly population2  7,e7 an 
unhoused population2  7,f7 individuals  
with disabilities2 and  7,g7 a community
 that is economically dependent on      
fossil fuel industries2 and  7#c7 the   
women1 the youth1 and all of the        
descendants of women or youth that are  
part of a community or population       

described in paragraph 7#a7 or 7#b74    
7c7 ,requirements ,the ,board of        
,advisors shall-- 7#a7 develop the      
definition under subsection 7a7 in      
coordination with relevant experts2 and 
7#b7 incorporate in the definition under
 subsection 7a7 the best available      
science and understanding of the impacts
 of environmental1 climate1 and public  
health hazards on the communities and   
populations described in subsection 7b74
  7d7 ,updates ,the ,board of ,advisors 
shall iteratively reexamine the         
definition of frontline community       
established under subsection 7a7 and    
update that definition1 as the ,board of
 ,advisors determines to be appropriate4
  ,,iii ,rules and regulations  #cja4   
,climate and environmental justice      
accountability agenda  7a7 ,in general  
,during the months of ,october and      
,april of each year1 each agency shall  
publish in the ,federal ,register a     
climate and environmental justice       
accountability agenda 7referred to in   

this section as the agenda7 which shall 
contain-- 7#a7 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 economic1 public   
health1 or environmental impact on a    
substantial number of residents within  
#a or more frontline communities2  7#b7 
a summary of-- 7,a7 the nature of each  
rule under consideration for each       
subject area listed in the agenda       
pursuant to paragraph 7#a72  7,b7 the   
objectives and legal basis for the      
issuance of each rule listed in the     
agenda pursuant to paragraph 7#a72 and  
7,c7 an approximate schedule for        
completing action on any rule for which 
the agency has issued a general notice  
of proposed rulemaking2 and  7#c7 the   
name and telephone number of an agency  
official knowledgeable concerning the   
items listed in paragraph 7#a74  7b7    
,submission ,each agenda shall be       
transmitted to the head of the ,office  

for comment1 if any4  7c7 ,frontline    
communities ,each agency shall-- 7#a7   
provide notice of each agenda to        
frontline communities or representatives
 of the frontline communities through-- 
7,a7 direct notification of frontline   
communities2 or  7,b7 publication of the
 agenda in publications likely to be    
obtained by frontline communities2 and  
7#b7 invite comments on each subject    
area on the agenda4  7d7 ,savings       
provision ,nothing in this section--    
7#a7 precludes an agency from           
considering or acting on any matter not 
included in an agenda of the agency2 or 
7#b7 requires an agency to consider or  
act on any matter listed in the agenda4 
#cjb4 ,initial climate and environmental
 justice analysis  7a7 ,determination of
 potential significant impact  7#a7 ,in 
general ,whenever an agency is required 
by section #eec of title #e1 ,united    
,states ,code1 or any other law1 to     
publish a general notice of proposed    
rulemaking for a proposed rule1 or      

publishes a notice of proposed          
rulemaking for an interpretative rule   
involving the internal revenue laws of  
the ,united ,states1 the ,board of      
,advisors1 in coordination with the     
,director of the agency1 shall determine
 whether the proposed rule may have a   
significant impact on #a or more        
frontline communities4  7#b7            
,determination of no potential          
significant impact ,if the ,board of    
,advisors determines under paragraph    
7#a7 that a proposed rule will not have 
a significant impact on #a or more      
frontline communities1 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     
determination4  7b7 ,initial regulatory 
analysis  7#a7 ,in general ,subject to  
section #cje7;b71 in the case of a      
proposed rule that the ,board of        
,advisors determines may have a         
significant impact on #a or more        

frontline communities under subsection  
7a77#a71 the applicable agency shall--  
7,a7 in coordination with the ,director 
of the agency1 prepare an initial       
climate and environmental justice       
analysis2 and  7,b7 make available for  
public comment the initial climate and  
environmental justice analysis under    
subparagraph 7,a74  7#b7 ,requirements  
7,a7 ,impact on frontline communities   
,an initial climate and environmental   
justice analysis under paragraph        
7#a77;,a7 shall describe the            
quantitative and qualitative impacts of 
the proposed rule on frontline          
communities1 including cultural impacts4
  7,b7 ,publication ,the initial climate
 and environmental justice analysis     
under paragraph 7#a77;,a71 or a summary 
of that analysis1 shall be published in 
the ,federal ,register at the time of   
the publication of the general notice of
 proposed rulemaking for the rule4  7#c7
 ,transmission ,the agency shall        
transmit a copy of the initial climate  

and environmental justice analysis under
 paragraph 7#a77;,a7 to the head of the 
,office4  7c7 ,requirements ,each       
initial climate and environmental       
justice analysis under subsection       
7b77#a77;,a7 shall contain-- 7#a7 a     
description of the reasons why action by
 the agency is being considered2  7#b7 a
 succinct statement of the objectives   
of1 and legal basis for1 the proposed   
rule2  7#c7 a description of and1 where 
feasible1 an estimate of the number of  
residents of frontline communities on   
which the proposed rule will have a     
significant impact2  7#d7 a description 
of the impact to individual frontline   
communities2  7#e7 a description of     
input and comments from coordination    
with frontline communities under section
 #cje2  7#f7 a justification for the    
incorporation or rejection of any       
comments from coordination with         
frontline communities under section     
#cje2  7#g7 a description of the        
individuals and groups from the         

coordination with frontline communities 
under section #cje2 and  7#h7 an        
identification1 to the extent           
practicable1 of all relevant ,federal   
rules which may duplicate1 overlap1 or  
conflict with the proposed rule4  7d7   
,significant alternatives ,an initial   
climate and environmental justice       
analysis under subsection 7b77#a77;,a7  
shall contain a description of any      
significant alternatives to the proposed
 rule that-- 7#a7 accomplish the stated 
objectives of applicable statutes2 and  
7#b7 7,a7 minimize any significant      
negative economic1 environmental1 or    
public health impact of the proposed    
rule on frontline communities2 or  7,b7 
maximize any significant positive       
economic1 environmental1 or public      
health impact of the proposed rule on   
frontline communities4  7e7 ,projected  
impacts ,an initial climate and         
environmental justice analysis under    
subsection 7b77#a77;,a7 shall include a 
description of-- 7#a7 any projected     

economic1 environmental1 or public      
health impacts1 positive or negative1 on
 frontline communities as a result of   
the proposed rule2  7#b7 any potential  
cumulative impact on frontline          
communities that results from the       
proposed rule1 in combination with      
previously promulgated rules2  7#c7 any 
significant alternatives to the proposed
 rule that-- 7,a7 accomplish the stated 
objectives of applicable statutes2 and  
7,b7 7i7 minimize any significant       
negative economic1 environmental1 or    
public health impact of the proposed    
rule on frontline communities2 or  7ii7 
maximize any significant positive       
economic1 environmental1 or public      
health impact of the proposed rule on   
frontline communities2 and  7#d7 the    
advice and recommendations of           
representatives of frontline communities
 under section #cje7;c77#a7 relating to 
issues described in paragraphs 7#a71    
7#b71 and 7#c74  #cjc4 ,final climate   
and environmental justice analysis  7a7 

,final analysis  7#a7 ,in general ,when 
an agency promulgates a final rule under
 section #eec of title #e1 ,united      
,states ,code1 after being required by  
that section or any other law to publish
 a general notice of proposed           
rulemaking1 or promulgates a final      
interpretative rule involving the       
internal revenue laws of the ,united    
,states as described in section         
#cjb7;a71 and the agency was required to
 prepare an initial climate and         
environmental justice analysis for the  
applicable proposed rule under section  
#cjb7;b77#a77;,a71 the agency shall     
prepare a final climate and             
environmental justice analysis4  7#b7   
,requirements ,each final climate and   
environmental justice analysis under    
paragraph 7#a7 shall contain-- 7,a7 a   
statement of the need for1 and          
objectives of1 the rule2  7,b7 a        
statement of-- 7i7 the issues raised by 
frontline communities through           
consultation under section #cje in      

preparing the initial climate and       
environmental justice analysis under    
section #cjb7;b77#a77;,a72  7ii7 an     
assessment of the issues described in   
clause 7i72 and  7iii7 any modification 
to the proposed rule as a result of the 
assessment described in clause 7ii72    
7,c7 7i7 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 rule2 and  7ii7
 a detailed statement of any change made
 to the proposed rule in the final rule 
as a result of the comments described in
 clause 7i72  7,d7 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 available2 and     
7,e7 a description of the steps the     
agency has taken to minimize the        
negative1 or maximize the positive1     
significant economic1 environmental1 and
 public health impact on frontline      
communities that are consistent with the

 stated objectives of applicable        
statutes1 including-- 7i7 a statement of
 the factual1 policy1 and legal reasons 
for selecting the alternative adopted in
 the final rule2 and  7ii7 a description
 of why each #a of the other significant
 alternatives to the rule considered by 
the agency which affect the impact on   
frontline communities was rejected4     
7#c7 ,consideration ,in developing the  
final climate and environmental justice 
analysis under paragraph 7#a71 the      
agency shall give strong consideration  
to the comments1 recommendations1 and   
findings within a report of a review    
panel under section #cje7;c77#f71 if    
any1 to ensure that benefits are        
maximized to impacted frontline         
communities4  7b7 ,publication ,the head
 of the agency shall publish in the     
,federal ,register the final climate and
 environmental justice analysis under   
subsection 7a77#a7 or a summary of that 
analysis4  #cjd4 ,avoidance of          
duplicative or unnecessary analyses  7a7

 ,simultaneous analyses ,an agency may  
perform the analyses required by        
sections #cja1 #cjb1 and #cjc 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       
sections1 including the analyses        
required under chapter #f of title #e1  
,united ,states ,code4  7b7 ,exceptions 
7#a7 ,small numbers affected ,sections  
#cjb and #cjc shall not apply to any    
proposed or final rule if-- 7,a7 the    
head of the agency certifies that the   
rule will not1 if promulgated1 have a   
significant economic1 environmental1 or 
public health impact on a substantial   
number of members of #a or more         
frontline communities2 and  7,b7 the    
head of the ,office1 in consultation    
with the ,board of ,advisors1 approves  
of the certification under subparagraph 
7,a74  7#b7 ,certification ,if the head 
of the agency makes a certification     
under paragraph 7#a77;,a71 the agency   

shall-- 7,a7 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    
rule1 along with a statement providing  
the factual basis for such              
certification2 and  7,b7 provide the    
certification and statement described in
 subparagraph 7,a7 to the head of the   
,office4  7c7 ,similar rules ,in order  
to avoid duplicative action1 at the     
discretion of the ,board of ,advisors   
and in consultation with the applicable 
,director1 an agency may consider a     
series of closely related rules as #a   
rule for the purposes of sections #cja1 
#cjb1 #cjc1 and #cjf4  #cje4 ,procedures
 for gathering comments  7a7 ,in general
 ,when a rule is promulgated that will  
have a significant economic1            
environmental1 or public health impact  
on a substantial number of members of #a
 or more frontline communities1 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 through1 at a minimum-- 7#a7 the   
inclusion in an advanced notice of      
proposed rulemaking1 if issued1 of a    
statement that the proposed rule may    
have a significant economic1            
environmental1 or public health effect  
on a substantial number of members of #a
 or more frontline communities2  7#b7   
the publication of general notice of    
proposed rulemaking in publications     
likely to be obtained by frontline      
communities2  7#c7 the direct           
notification of interested frontline    
communities1 including through community
 centers and schools2  7#d7 the conduct 
of open conferences or public hearings  
concerning the rule for frontline       
communities1 including soliciting and   
receiving comments over computer        
networks2 and  7#e7 the adoption or     
modification of agency procedural rules 
to reduce the cost or complexity of     

participation in the rulemaking by      
frontline communities4  7b7             
,requirements ,prior to publication of  
an initial climate and environmental    
justice analysis under section          
#cjb7;b77#a77;,a7 for a proposed rule-- 
7#a7 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-- 7,a7 the potential     
impacts of the proposed rule on         
frontline communities2 and  7,b7 the    
type of frontline communities that might
 be affected2  7#b7 the agency shall    
ensure that frontline communities have  
been given an opportunity to participate
 through public comment in accordance   
with subsection 7a72  7#c7 the agency   
shall carry out the review panel process
 described in subsection 7c7 for the    
proposed rule2 and  7#d7 the agency     
shall-- 7,a7 incorporate comments1      
advice1 and recommendations from        
frontline communities2 and  7,b7 where  

appropriate1 modify-- 7i7 the proposed  
rule2 or  7ii7 the initial climate and  
environmental justice analysis4  7c7    
,review panels  7#a7 ,frontline         
community representative advisory       
committees  7,a7 ,identification of     
representatives ,not later than #cj days
 after the date on which the head of the
 ,office receives the materials         
described in subsection 7b77#a7 for a   
proposed rule1 the head of the ,office1 
in coordination with the ,board of      
,advisors1 shall-- 7i7 identify         
individuals representative of affected  
frontline communities2 and  7ii7 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 rule4 
7,b7 ,number of representatives  7i7 ,in
 general ,subject to clause 7ii71 the   
number of individuals appointed to an   
advisory committee under subparagraph   
7,a77ii7 shall be determined by the head

 of the ,office1 in coordination with   
the ,board of ,advisors1 based on the   
scope of the proposed rule described in 
that paragraph4  7ii7 ,minimum ,not     
fewer than #b individuals shall be      
appointed under subparagraph 7,a77ii7   
with respect to each proposed rule      
described in that subparagraph4  7,c7   
,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  
#ea and subchapter ,,iii of chapter #ec 
of title #e1 ,united ,states ,code1 for 
each day 7including travel time7 during 
which the representative is engaged in  
the performance of the duties of the    
advisory committee4  7,d7 ,travel       
expenses ,a representative on an        
advisory committee shall be allowed     
travel expenses1 including per diem in  
lieu of subsistence1 at rates authorized
 for employees of agencies under        

subchapter ,i of chapter #eg of title   
#e1 ,united ,states ,code1 while away   
from their homes or regular places of   
business in the performance of services 
for the advisory committee4  7,e7       
,inapplicability of ,,faca ,the ,federal
 ,advisory ,committee ,act 7#e ,u4,s4,c4
 ,app47 shall not apply to an advisory  
committee established under subparagraph
 7,a77ii74  7#b7 ,convention of review  
panels  7,a7 ,in general ,an agency     
carrying out an initial climate and     
environmental justice analysis for a    
proposed rule under section             
#cjb7;b77#a77;,a7 shall convene a review
 panel for the rule1 consisting of-- 7i7
 full-time ,federal employees of the    
office within the agency responsible for
 carrying out the proposed rule2  7ii7  
the ,director of the agency2  7iii7     
full-time ,federal employees of the     
,office of ,information and ,regulatory 
,affairs within the ,office of          
,management and ,budget2  7iv7 7,i7 the 
head of the ,office2 or  7,,ii7 #a or   

more employees of the ,office2 and  7v7 
#a or more members of the ,board of     
,advisors4  7,b7 ,functions ,a review   
panel convened under subparagraph 7,a7  
shall-- 7i7 review any material the     
agency has prepared in connection with  
this title1 including any draft proposed
 rule2 and  7ii7 collect advice and     
recommendations of the advisory         
committee of frontline community        
representatives established under       
paragraph 7#a77;,a77ii7 on-- 7,i7 issues
 relating to the frontline community    
that are described in subsections 7b71  
7c71 7d71 and 7e7 of section #cjb2 and  
7,,ii7 any other relevant information   
relating to the potential impact of the 
proposed rule on the frontline          
community4  7,c7 ,report ,not later than
 #fj days after the date on which an    
agency convenes a review panel under    
subparagraph 7,a71 the review panel     
shall submit a report to the head of the
 agency on-- 7i7 the comments and       
recommendations of the advisory         

committee of frontline community        
representatives established under       
paragraph 7#a77;,a77ii72 and  7ii7 the  
findings of the review panel as to the  
issues described in subparagraph        
7,b77ii74  7d7 ,agency discretion ,the  
head of an agency may apply subsection  
7b7 to rules that the head of the agency
 intends to certify under section       
#cjd7;b71 but that the head of the      
agency believes may have a greater than 
de minimis impact on a substantial      
number of members of #a or more         
frontline communities4  #cjf4 ,periodic 
review of rules  7a7 ,periodic review   
7#a7 ,in general ,not later than #ahj   
days after the date of enactment of this
 ,act1 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 economic1 environmental1 or 
public health impact on a substantial   
number of members of #a or more         
frontline communities4  7#b7 ,amendments

 ,the plan under paragraph 7#a7 may be  
amended by an agency at any time by     
publishing the revision in the ,federal 
,register4  7#c7 ,purpose ,the purpose  
of the periodic review under paragraph  
7#a7 shall be to determine whether the  
rules subject to the review should be-- 
7,a7 continued without change2 or  7,b7 
amended1 consistent with the statutes   
under which the rules were issued1 to   
minimize any significant economic1      
environmental1 or public health impact  
of the rules on a substantial number of 
members of #a or more frontline         
communities4  7#d7 ,review of existing  
rules ,the plan under paragraph 7#a7    
shall provide for the review of rules of
 the agency under that paragraph to be  
completed-- 7,a7 for rules of the agency
 existing on the date of enactment of   
this ,act1 not later than the date that 
is #aj years after the date of enactment
 of this ,act2 and  7,b7 for rules of   
the agency adopted after the date of    
enactment of this ,act1 not later than  

the date that is #aj years after the    
date on which the final rule is issued4 
7b7 ,considerations ,in reviewing rules 
under the plan under subsection 7a77#a7 
to minimize negative or maximize        
positive significant economic1          
environmental1 or public health impact  
of the rule on a substantial number of  
members of #a or more frontline         
communities in a manner consistent with 
the stated objectives of applicable     
statutes1 the agency shall consider--   
7#a7 the impact of the rule on the      
relevant frontline communities2 and     
7#b7 the length of time since the rule  
has been evaluated or the degree to     
which technology1 economic conditions1  
or other factors have changed that are  
relevant to the rule4  7c7 ,annual list 
7#a7 ,in general ,each year1 the head of
 each agency shall publish in the       
,federal ,register a list of the rules  
which have a significant economic1      
environmental1 or public health impact  
on a substantial number of members of #a

 or more frontline communities1 which   
are to be reviewed pursuant to this     
section during the #ab-month period     
starting on the date of the publication 
of the list4  7#b7 ,requirement ,the    
list under paragraph 7#a7 shall-- 7,a7  
include-- 7i7 a brief description of    
each rule2 and  7ii7 the need for and   
legal basis of each rule2 and  7,b7     
invite public comment on each rule4  7d7
 ,exceptions  7#a7 ,small numbers       
affected ,this section shall not apply  
to a rule if-- 7,a7 the head of the     
agency certifies that the rule does not 
or will not have a significant economic1
 environmental1 or public health impact 
on a substantial number of members of #a
 or more frontline communities2 and     
7,b7 the head of the ,office1 in        
consultation with the ,board of         
,advisors1 approves of the certification
 under subparagraph 7,a74  7#b7         
,certification ,if the head of the      
agency makes a certification under      
paragraph 7#a77;,a71 the agency shall-- 

7,a7 publish the certification in the   
,federal ,register1 along with a        
statement providing the factual basis   
for such certification2 and  7,b7       
provide the certification and statement 
described in subparagraph 7,a7 to the   
head of the ,office4  #cjg4 ,judicial   
review  7a7 ,judicial review  7#a7      
,final agency action  7,a7 ,in general  
,for any rule subject to this title1 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 #cjc1 #cjd7;b71 and #cjf in    
accordance with chapter #g of title #e1 
,united ,states ,code4  7,b7 ,compliance
 ,agency compliance with section        
#cje7;a7 shall be judicially reviewable 
in connection with judicial review of   
section #cjc4  7#b7 ,jurisdiction  7,a7 
,in general ,each court having          
jurisdiction to review a rule for       
compliance with section #eec of title   
#e1 ,united ,states ,code1 or under any 

other provision of law1 shall have      
jurisdiction to review any claims of    
noncompliance with sections #cjc1       
#cjd7;b71 and #cjf in accordance with   
chapter #g of title #e1 ,united ,states 
,code4  7,b7 ,compliance ,agency        
compliance with section #cje7;a7 shall  
be judicially reviewable in connection  
with judicial review of section #cjc4   
7#c7 ,limitation ,a frontline community 
may seek a review described in paragraph
 7#a7 during the period-- 7,a7 beginning
 on the date of final agency action2 and
  7,b7 ending on the later of-- 7i7 the 
date required by the statute under which
 the applicable rule was issued2 and    
7ii7 #a year after the date described in
 subparagraph 7,a74  7#d7 ,relief ,in   
granting any relief in an action under  
this section1 the court shall order the 
agency to take corrective action        
consistent with this title and chapter  
#g of title #e1 ,united ,states ,code1  
including-- 7,a7 remanding the rule to  
the agency for correction2 and  7,b7    

deferring the enforcement of the rule   
against frontline communities unless the
 court finds that continued enforcement 
of the rule is in the public interest4  
7#e7 ,no limitation of authority        
,nothing in this subsection limits the  
authority of a court to stay the        
effective date of a rule1 or provision  
of a rule1 under any other provision of 
law or to grant any other relief in     
addition to the requirements of this    
section4  7b7 ,record ,in an action for 
the judicial review of a rule1 the      
climate and environmental justice       
analysis for that rule1 including an    
initial climate and environmental       
justice analysis prepared or corrected  
pursuant to subsection 7a77#d77;,a71    
shall constitute part of the entire     
record of agency action in connection   
with such review4  7c7 ,compliance      
,compliance or noncompliance by an      
agency with the provisions of this title
 shall be subject to judicial review    
only in accordance with this section4   

7d7 ,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 law4  #cjh4 ,availability  
,any analysis conducted1 or other       
document prepared1 under this title     
shall be made available to the public   
through the ,office4  ,,iv ,federal     
investments  #dja4 ,review of ,federal  
investments  7a7 ,identification ,not   
later than #b years after the date of   
enactment of this ,act1 and every #e    
years thereafter1 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 nexus4  7b7 ,review  7#a7
 ,in general ,not later than #e years   
after the date of enactment of this     
,act1 for each investment of an agency  
identified under subsection 7a71 the    
,director of the agency and the head of 
the agency shall carry out a review of  

the investment to ensure that1 to the   
extent allowable by law1 frontline      
communities benefit from the investment4
  7#b7 ,requirements ,the review under  
paragraph 7#a7 shall include-- 7,a7 an  
examination of the eligibility          
requirements for the investment to      
ensure that frontline communities can   
compete to receive the investment2  7,b7
 an examination of the assistance or    
options for required non-,federal cost  
shares for applicants that are1 or      
serve1 frontline communities2  7,c7 an  
examination of whether priority for the 
investment may be given if the applicant
 is or primarily serves a frontline     
community2 and  7,d7 an examination of  
the diversity of the historical         
recipients of the investment4  7c7 ,new 
investments ,notwithstanding any other  
provision of law1 a new investment with 
an environmental or climate change nexus
 shall undergo an assessment to ensure  
that-- 7#a7 to the extent allowed by the
 laws governing the investment1         

frontline communities benefit from the  
investment2  7#b7 an examination of the 
eligibility requirements for the        
investment to ensure that frontline     
communities can compete to receive the  
investment2  7#c7 an examination of the 
assistance or options for required      
non-,federal cost shares for applicants 
that are1 or serve1 frontline           
communities2  7#d7 an examination of    
whether priority for the investment may 
be given if the applicant is or         
primarily serves a frontline community2 
and  7#e7 an examination of how to      
increase the diversity of recipients of 
the investment4  7d7 ,retrospective     
review ,not less frequently than once   
every #aj years1 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         

communities4  7e7 ,final report  7#a7   
,in general ,after an agency carries out
 a review under subsection 7b71 7c71 or 
7d71 the head of the agency shall1 in   
coordination with a review panel under  
section #djb7;b71 if any1 prepare a     
final report describing the results of  
the review4  7#b7 ,requirements ,a final
 report under paragraph 7#a7 shall      
contain-- 7,a7 a statement of the need  
for1 and the objectives of1 the         
investment2  7,b7 a statement of-- 7i7  
the recommendations of the review panel 
under section #djb7;d77#b71 if any2 and 
7ii7 any changes made in the            
implementation of the investment as a   
result of the recommendations described 
in clause 7i71 if any2 and  7,c7 a      
description of the steps the agency has 
taken to ensure that frontline          
communities benefit from the investment1
 including a description of the factual1
 policy1 and legal reasons why each of  
the recommendations described in        
subparagraph 7,b77i71 if any1 was       

rejected or adopted4  7#c7              
,consideration ,in preparing a final    
report under paragraph 7#a71 the head of
 the agency with jurisdiction over an   
investment subject to additional review 
under section #djb1 in coordination with
 the head of the ,office1 shall give    
strong consideration to the findings and
 recommendations described in the report
 under section #djb7;d74  7#d7          
,publication ,the head of the agency    
preparing the final report under        
paragraph 7#a7 shall publish in the     
,federal ,register-- 7,a7 the final     
report2 or  7,b7 a summary of the final 
report4  #djb4 ,additional review  7a7  
,identification ,if the head of the     
,office1 in coordination with the ,board
 of ,advisors and the applicable        
,director1 determines that an investment
 subject to a review under subsection   
7b71 7c71 or 7d7 of section #dja        
requires additional review1 or the head 
of the ,office directs the review of an 
investment in accordance with section   

#djc1 the head of the ,office1 in       
coordination with the ,board of         
,advisors and the applicable ,director1 
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 communities4  7b7     
,review panels ,if the head of the      
,office1 in coordination with the ,board
 of ,advisors and the applicable        
,director1 determines convening a review
 panel for an investment subject to a   
review under subsection 7b71 7c71 or 7d7
 of section #dja to be necessary1 or the
 head of the ,office directs the review 
of an investment in accordance with     
section #djc1 the head of the ,office   
shall convene such a review panel1      
consisting of-- 7#a7 7,a7 the head of   
the ,office2 or  7,b7 #a or more        

employees of the ,office2  7#b7 #a or   
more members of the ,board of ,advisors2
  7#c7 the ,director of the agency2 and 
7#d7 full-time ,federal employees of the
 office within the agency responsible   
for carrying out the proposed rule4  7c7
 ,function ,a review panel convened     
under subsection 7b7 shall collect      
advice and recommendations of each      
individual frontline community          
representative and ally identified under
 subsection 7a71 after consultation with
 the head of the ,office1 on issues     
relating to the administrative or       
substantive aspects of the investment   
that are not properly serving frontline 
communities4  7d7 ,report ,not later    
than #fj days after the head of the     
,office convenes a review panel under   
subsection 7b71 the review panel shall  
submit to the head of the ,office and   
the agency with jurisdiction over the   
investment a report describing-- 7#a7   
the comments of the review panel on the 
advice and recommendations of frontline 

communities and allies collected under  
subsection 7c72 and  7#b7 the findings  
and recommendations of the review panel4
  7e7 ,publication ,the head of the     
agency with jurisdiction over an        
investment subject to additional review 
under this section shall publish in the 
,federal ,register-- 7#a7 the report of 
the review panel under subsection 7d72  
or  7#b7 a summary of the report of the 
review panel under subsection 7d74      
#djc4 ,nonscheduled review ,the head of 
the ,office may direct a review under   
section #djb of an investment with      
respect to which sufficient complaints  
have been brought from #a or more       
frontline communities or allies4  #djd4 
,availability ,any review or analysis   
conducted1 or other document prepared1  
under this title shall be made available
 to the public through the ,office4  ,v 
,subnational guidance  #eja4 ,guidance  
for development of implementation plans 
7a7 ,definition of ,state implementation
 plan ,in this section1 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 nexus4  7b7 ,guidance    
,not later than #ahj days after the date
 of enactment of this ,act1 the head of 
the ,office shall issue guidance for    
,states for the consideration of1 and   
consultation with1 frontline communities
 in the process of developing a ,state  
implementation plan4