[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3204 Introduced in Senate (IS)]
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116th CONGRESS
2d Session
S. 3204
To direct the Administrator of the Federal Emergency Management Agency
to revise the policy of the Agency to address the threats of climate
change, to include considerations of climate change in the strategic
plan of the Agency, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 16, 2020
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on Homeland Security and Governmental Affairs
_______________________________________________________________________
A BILL
To direct the Administrator of the Federal Emergency Management Agency
to revise the policy of the Agency to address the threats of climate
change, to include considerations of climate change in the strategic
plan of the Agency, 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.
This Act may be cited as the ``FEMA Climate Change Preparedness
Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Under the previous administration, FEMA's 2014-2018
Strategic Plan explicitly mentioned and referenced climate
change as a source of changing and increasing national disaster
risks, in the near and long term, that--
(A) must be effectively integrated into the
Agency's risk assessment resources and processes; and
(B) the entire emergency management community will
need to adapt appropriately to as they strengthen their
risk management programs.
(2) In FEMA's 2018-2022 Strategic Plan, despite the
mounting threat posed by climate change, the term ``climate
change'' is entirely absent from the text.
(3) It is the general consensus of the global scientific
community that--
(A) the evidence of climate change is unequivocal;
(B) anthropogenic greenhouse gas emissions are the
primary cause of climate change; and
(C) as a direct result of climate change, sea
levels are rising and extreme weather events are
becoming more commonplace and severe.
(4) The last 5 years have been the warmest years on record
since the National Oceanic and Atmospheric Administration began
recording global air temperatures in 1895.
(5) 2017, one of the three warmest years on record, was
also the most expensive year on record for emergency disaster
costs in the United States due to 16 weather and climate
disasters.
(6) It is the mission of FEMA to reduce the loss of life
and property and protect our institutions from all hazards by
leading and supporting the Nation in a comprehensive, risk-
based emergency management program of mitigation, preparedness,
response, and recovery.
(7) It is detrimental to the mission of FEMA, and the
Agency's ability to follow its mandate, to explicitly or
implicitly deny or ignore the existence of climate change or
the implications of such on national security and national
emergency management.
(8) To fully and effectively carry out its mandate, FEMA
must comprehensively assess and incorporate the current and
future natural disaster risks and impacts posed by climate
change throughout the Agency's policies, plans, programs,
strategies, and operations.
SEC. 3. DEFINITIONS.
In this Act:
(1) Administrator.--The term ``Administrator'' means the
Administrator of FEMA.
(2) Agency; fema.--The terms ``Agency'' and ``FEMA'' mean
the Federal Emergency Management Agency.
(3) Climate change.--The term ``climate change'' means the
long-term shifts in global and regional climate patterns, and
associated phenomena, that are occurring primarily as a result
of anthropogenic greenhouse gas emissions.
(4) Extreme weather events.--The term ``extreme weather
events'' means historically rare or severe natural disasters
such as heat waves, droughts, floods, tornadoes, and
hurricanes.
(5) Frontline community.--The term ``frontline community''
means a low-income community, community of color, or Tribal
community that is disproportionately impacted or burdened by
climate change and associated phenomena.
(6) Sea-level rise.--The term ``sea-level rise'' means the
local, regional, and global long-term trends in rising average
sea levels that are occurring as a direct result of climate
change and additional local factors such as land subsidence.
SEC. 4. STATEMENTS OF INTENT AND POLICY.
Section 101 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121) is amended--
(1) in subsection (b)--
(A) in paragraph (5), by striking ``and'' at the
end;
(B) in paragraph (6), by adding a semicolon at the
end; and
(C) by adding at the end the following:
``(7) integrating, to the greatest extent practicable,
climate change adaptation planning and actions into the
programs, policies, and operations of the Federal Emergency
Management Agency; and
``(8) assisting State, local, volunteer, and private
partners in preparing for and mitigating the risks posed by
climate change as listed in subsection (c)(2), as well as any
other climate change risks.''; and
(2) by adding at the end the following:
``(c) Climate Change.--It is the policy of the Federal Emergency
Management Agency to recognize that--
``(1) climate change is--
``(A) an irrefutable, multidimensional, and
significant near and long-term threat to United
States--
``(i) homeland security;
``(ii) national security; and
``(iii) national disaster risk; and
``(B) primarily caused by anthropogenic greenhouse
gas emissions; and
``(2) as a direct result of climate change, the United
States faces the increased threat of--
``(A) changing, more frequent, and more severe
extreme weather events;
``(B) rising natural hazard risk;
``(C) disruptions to or failure of critical
infrastructure;
``(D) sea-level rise;
``(E) internal population displacement;
``(F) the spread of life-threatening diseases;
``(G) rising annual disaster costs; and
``(H) disproportionately high risks and impacts to
low-income communities, communities of color, Tribal
communities, and other frontline communities.''.
SEC. 5. DEFINITIONS IN THE STAFFORD ACT.
Section 102 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5122) is amended by adding at the end the
following:
``(13) Climate change.--The term `climate change' means the
long-term shifts in global and regional climate patterns, and
associated phenomena, that are occurring primarily as a result
of anthropogenic greenhouse gas emissions.
``(14) Extreme weather events.--The term `extreme weather
events' means historically rare or severe natural disasters
such as heat waves, droughts, floods, tornadoes, and
hurricanes.
``(15) Frontline community.--The term `frontline community'
means a low-income community, community of color, or Tribal
community that is disproportionately impacted or burdened by
climate change and associated phenomena.
``(16) Sea-level rise.--The term `sea-level rise' means the
local, regional, and global long-term trends in rising average
sea levels that are occurring as a direct result of climate
change and additional local factors such as land subsidence.''.
SEC. 6. INCLUSION OF CLIMATE CHANGE IN STRATEGIC PLAN.
(a) Current Strategic Plan.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Administrator shall revise the 2018-
2022 Strategic Plan to--
(A) ensure that the text of the plan explicitly
mentions climate change, in accordance with the policy
of FEMA in section 101 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C.
5121), as amended by section 4; and
(B) address the implications of climate change on
homeland security and near- and long-term national
disaster risk, including emergency preparedness,
response, recovery, and mitigation.
(2) Briefing.--Not later than 180 days after the date of
enactment of this Act, appropriate personnel of FEMA shall--
(A) brief the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Homeland Security of the House of Representatives on
the process and rationale that resulted in the
exclusion of references to climate change from the
originally published 2018-2022 Strategic Plan; and
(B) if requested by the Chair of the Committee on
Homeland Security and Governmental Affairs of the
Senate or the Committee on Homeland Security of the
House of Representatives, provide to that committee a
written report describing that process and rationale.
(b) Future Strategic Plans.--Any strategic plan subsequent to the
2018-2022 Strategic Plan developed by FEMA shall--
(1) explicitly mention climate change, in accordance with
the policy of FEMA under section 101 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121),
as amended by section 4; and
(2) address the implications of climate change on homeland
security and near- and long-term national disaster risk,
including emergency preparedness, response, recovery, and
mitigation, drawing upon findings and recommendations, once
available, from the Climate Change Subcommittee described in
section 7 and the assessment of climate change risks and
preparedness described in section 8.
SEC. 7. NATIONAL ADVISORY COUNCIL CLIMATE CHANGE SUBCOMMITTEE.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the Secretary of Homeland Security shall
establish, as a subcommittee of the National Advisory Council, the
Climate Change Subcommittee (in this Act referred to as the
``Subcommittee'').
(b) Membership.--
(1) In general.--Notwithstanding any other provision of
law, the Subcommittee shall consist of--
(A) the Administrator of FEMA;
(B) the Director of the United States Geological
Survey of the Department of the Interior;
(C) the Director of the Bureau of Safety and
Environmental Enforcement of the Department of the
Interior;
(D) the Under Secretary of Commerce for Oceans and
Atmosphere;
(E) the Commanding Officer of the United States
Army Corps of Engineers;
(F) the Director of the Office of Homeland Security
and Emergency Coordination of the Department of
Agriculture;
(G) the Executive Director of the Federal Highway
Administration of the Department of Transportation;
(H) the Executive Director of the Federal Transit
Administration of the Department of Transportation;
(I) the Under Secretary of Energy of the Department
of Energy;
(J) the Commissioner of the Federal Housing
Administration of the Department of Housing and Urban
Development;
(K) the Assistant Administrator of the Office of
Land and Emergency Management of the Environmental
Protection Agency;
(L) the Acting Director of the Center for
Preparedness and Response of the Department of Health
and Human Services;
(M) such other qualified individuals as the
Administrator shall appoint as soon as practicable from
among--
(i) members of the National Advisory
Council who have the requisite technical
knowledge and expertise to address climate
change threats to homeland security,
including--
(I) emergency management and
emergency response providers;
(II) State, local, and Tribal
government officials;
(III) climate scientists and
experts in natural disaster risk
assessment; and
(IV) experts in climate change
adaption, mitigation, and resilience;
and
(ii) individuals who have the requisite
technical knowledge and expertise to serve on
the Subcommittee, including not less than 1
representative from each of--
(I) an environmental justice
organization representing low-income
communities and communities of color
that are disproportionately impacted by
climate change;
(II) a Tribal community that is
disproportionately impacted by climate
change or environmental pollution;
(III) an organized labor group
within the resilient infrastructure
sector;
(IV) a private-sector company that
designs, develops, or constructs
resilient infrastructure, or an
organization that represents those
companies;
(V) a city or county that is
directly impacted by coastal sea-level
rise;
(VI) a State that is directly
impacted by coastal sea-level rise;
(VII) a city or county that is
highly impacted by wildfires or
droughts;
(VIII) a State that is highly
impacted by wildfires or droughts;
(IX) scientists with expertise in
climate science and natural disaster
risk assessment who are faculty members
at an accredited university; and
(X) experts in homeland security
threat assessment and intelligence
analysis, especially as it concerns
natural disasters; and
(N) representatives of such other stakeholders and
interested and affected parties as the Administrator
determines appropriate.
(2) Representation.--The Administrator shall ensure, to the
extent practicable, that members of the Subcommittee represent
a geographic (including urban, rural, and coastal) and
substantive diversity of State, local, and Tribal government
officials, emergency managers, and emergency response
providers, scientific and technical experts, private sector
companies, and nongovernmental organizations.
(c) Responsibilities.--The Subcommittee shall advise the
Administrator on how to best incorporate climate change, including risk
assessments and strategies for adaptation and mitigation, into and
throughout the policies, plans, programs, and operations of FEMA,
including through the performance of the following duties:
(1) Assessment.--Not later than 18 months after the date of
enactment of this Act, the Subcommittee shall develop and
submit to the Administrator and Congress, and make available to
the public, an assessment of all relevant FEMA policies, plans,
programs, strategies, and operations with a focus on climate
change-related risks, impacts, adaptation, preparedness,
mitigation, and resilience, which assessment shall address--
(A) existing and future risks and impacts posed by
climate change to States, cities, and communities
throughout the United States, including the current and
potential impacts of climate change on national
emergency management, annual disaster costs, and
natural disaster mitigation, preparedness, response,
and recovery;
(B) the extent to which climate change, including
risk assessments, resilience, adaptation, and
mitigation, is, as of the date of the assessment,
integrated within FEMA policies, plans, programs,
strategies, and operations, as well as the extent to
which and areas where that integration is lacking;
(C) the extent to which climate change, including
risk assessments, resilience, adaptation, and
mitigation, is, as of the date of the assessment,
incorporated into technical assistance, outreach,
grant, and loan programs, as well as the extent to
which and programs where such integration is lacking;
(D) partnerships and coordination with Federal,
State, and local agencies and authorities, as well as
volunteer and private entities;
(E) data collection, management, and analysis;
(F) recommendations regarding how FEMA can better
incorporate climate change throughout FEMA policies,
plans, programs, strategies, and operations, which
shall address--
(i) risk assessments, including ways to
more comprehensively predict and incorporate
existing and future risks as they relate to
climate change;
(ii) strategies to increase climate change
adaptation, mitigation, and resilience in
communities throughout the United States;
(iii) ways to ensure that investments and
strategies around climate change adaptation,
mitigation, and resilience benefit all
communities, especially frontline communities;
(iv) critical information, communication,
and policy gaps, barriers, and challenges;
(v) technical assistance, outreach, grant,
and loan programs, including ways that FEMA can
use and expand those programs to increase
climate change preparedness throughout the
emergency management community and strengthen
climate change adaptation, mitigation, and
resilience across the United States,
particularly in frontline communities;
(vi) coordination with all relevant
partners, including Federal, State, and local
agencies and authorities, as well as private
entities and volunteers;
(vii) monitoring, recording, and analyzing
FEMA actions, data management, and budget
allocations to help advance climate resilience;
(viii) methodologies for integrating and
disseminating scientific knowledge of projected
climate change impacts and risks, and other
relevant data and information, into policies,
guidance, and public communications;
(ix) platforms for sharing best practices,
information, and lessons learned with the
emergency management community in the United
States and general public, including public web
pages, webinars, and workshops;
(x) FEMA's 2018-2022 Strategic Plan, and
ways for FEMA to better incorporate climate
change into all future strategic plans; and
(xi) any other matters as the Administrator
determines to be appropriate; and
(G) timeframes for implementing any recommendations
under subparagraph (F) that do not require
congressional action, and the identification of any
recommendations that require congressional action.
(2) Ongoing duties.--Upon request of the Administrator, the
Subcommittee shall, on an ongoing basis--
(A) review any relevant Agency policies, plans,
programs, strategies, and operations, and make any
necessary recommendations thereof, regarding climate
change;
(B) support the Administrator in incorporating and
implementing findings and recommendations from the
assessment described in paragraph (1) into all relevant
Agency policies, plans, programs, strategies, and
operations, including the assessment of climate change
risks and preparedness described in section 8; and
(C) perform any other relevant duties as the
Administrator determines to be appropriate.
(d) Public Meetings.--In carrying out its duties under this
section, the Subcommittee shall--
(1) consult with stakeholders through not less than 2
public meetings each year, the total of which not less than 3
shall be during the time in which the Subcommittee is
conducting the assessment described in subsection (c)(1); and
(2) seek input from all stakeholder interests including
State and local representatives, environmental and climate
justice organizations, private industry representatives,
advocacy groups, planning and resilience organizations, labor
representatives, and representatives from frontline
communities.
(e) Compensation and Expenses.--Any non-federally employed member
of the Subcommittee, when attending meetings of the Subcommittee or
when otherwise engaged in the business of the Subcommittee, shall
receive--
(1) compensation at a rate fixed by the Secretary of
Homeland Security, not exceeding the daily equivalent of the
current rate of basic pay in effect for GS-15 of the General
Schedule under section 5332 of title 5, United States Code,
including travel time; and
(2) travel or transportation expenses under section 5703 of
title 5, United States Code.
(f) Chair.--The Administrator shall serve as the Chair of the
Subcommittee.
(g) Staff.--
(1) FEMA.--Upon request of the Subcommittee, the
Administrator may detail, on a non-reimbursable basis,
personnel of FEMA to assist the Subcommittee in carrying out
the duties of the Subcommittee.
(2) Other federal agencies.--Upon request of the
Subcommittee, any other Federal agency that is a member of the
Subcommittee may detail, on a nonreimbursable basis, personnel
to assist the Subcommittee in carrying out the duties of the
Subcommittee.
(h) Powers.--In carrying out this section, the Subcommittee may
hold hearings, receive evidence and assistance, provide information,
conduct research, and author reports as the Subcommittee considers
appropriate.
(i) Termination.--The Subcommittee shall terminate not later than 3
years after the submission of the assessment required under subsection
(c)(1).
(j) Updates and Implementation.--
(1) In general.--Beginning not later than 90 days after the
submission of the assessment under subsection (c)(1), the
Administrator shall--
(A) coordinate the implementation of the
recommendations, and actions to address the findings,
as described in the assessment, where appropriate; and
(B) provide updates annually thereafter, until the
date that is 1 year after the date on which the
Subcommittee terminates, to the Committee on Homeland
Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of
Representatives containing--
(i) the implementation status of the
findings and recommendations of the assessment;
and
(ii) any other findings and recommendations
that the Subcommittee may provide in the course
of the duties of the Subcommittee.
(2) Findings.--Not later than 2 years after the date of
enactment of this Act, and annually thereafter until the
termination of the Subcommittee, the Administrator shall submit
to the Committee on Homeland Security and Governmental Affairs
of the Senate and the Committee on Homeland Security of the
House of Representatives and make available to the public a
report on the actions taken by the Administrator to incorporate
and implement the findings and recommendations from the
assessment described in subsection (c)(1), and any other
findings and recommendations that the Subcommittee may provide,
into all relevant Agency policies, plans, programs, strategies,
and operations.
SEC. 8. ASSESSMENT OF CLIMATE CHANGE RISKS AND PREPAREDNESS.
(a) In General.--Not later than 4 years after the date of enactment
of this Act, and every 4 years thereafter, the Administrator shall
publish as a report, submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Homeland
Security of the House of Representatives, and make available to
Congress and the public, a comprehensive assessment of climate change
risks and preparedness, which shall--
(1) incorporate and expand upon the findings and
recommendations made by the Subcommittee;
(2) identify, predict, and assess existing and future
natural disaster risks and impacts posed by climate change to
States, cities, and communities throughout the United States,
including the current and potential impact to annual disaster,
mitigation, and insurance costs, as well as to natural disaster
mitigation, adaptation, preparedness, response, and recovery
capabilities and efforts.
(3) identify, predict, and assess risks and impacts to
frontline communities, particularly low-income communities,
communities of color, and Tribal communities;
(4) assess the current state of preparedness throughout the
emergency management community, and across all levels of
government, in relation to the expected natural disaster risks
and impacts posed by climate change;
(5) identify steps taken by FEMA to integrate climate
change into all relevant Agency policies, plans, programs,
strategies, and operations;
(6) identify measures taken by FEMA to increase climate
change resilience, adaptation, and mitigation throughout the
United States, and to increase overall preparedness of the
entire emergency management community;
(7) provide recommendations and best practices for how
FEMA, all relevant partners, and the emergency management
community in the United States can better prepare for,
mitigate, and adapt to the present and future national disaster
risks and impacts posed by climate change, including specific
recommendations and best practices for increasing climate
change resilience, adaptation, and mitigation in frontline
communities;
(8) describe climate change mitigation, adaptation, and
resilience methods adopted in not less than 5 communities
across the United States, including not less than--
(A) 1 urban community;
(B) 1 rural community;
(C) 1 coastal community; and
(D) 1 frontline community; and
(9) incorporate any other components and sections as the
Administrator determines appropriate.
(b) Methodology.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall report to the Committee on
Homeland Security and Governmental Affairs of the Senate and the
Committee on Homeland Security of the House of Representatives on the
methodology that will be used to conduct the analysis and produce the
assessment required under subsection (a).
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