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Title II — Office of Climate and Environmental Justice Accountability

S. 4513 · 116th Congress · Aug 6, 2020 · Lineage

II Office of Climate and Environmental Justice Accountability

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.

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.

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.

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.

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.