US Codex
Bill
Notes

Title IV — Federal investments

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

IV Federal investments

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.

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).

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.

404. Availability

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