[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5477 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 5477
To amend chapter 3 of title 5, United States Code, to require Federal
agencies to maintain plans for responding to, mitigating, and adapting
to climate change, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 5, 2021
Mrs. Carolyn B. Maloney of New York (for herself, Ms. Norton, Mr.
Mfume, Ms. Wasserman Schultz, Mr. Connolly, and Mr. Raskin) introduced
the following bill; which was referred to the Committee on Oversight
and Reform, and in addition to the Committee on Energy and Commerce,
for a period to be subsequently determined by the Speaker, in each case
for consideration of such provisions as fall within the jurisdiction of
the committee concerned
_______________________________________________________________________
A BILL
To amend chapter 3 of title 5, United States Code, to require Federal
agencies to maintain plans for responding to, mitigating, and adapting
to climate change, 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 ``Federal Agency Climate Planning,
Resilience, and Enhanced Preparedness Act of 2021'' or the ``Federal
Agency Climate PREP Act''.
SEC. 2. CLIMATE ACTION PLANS.
(a) Amendment.--Chapter 3 of title 5, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER III--GOVERNMENT-WIDE COORDINATION ON CLIMATE CHANGE
``Sec. 321. Definitions
``In this subchapter:
``(1) Adaptation.--The term `adaptation' means adjustment
to natural or human systems in response to actual or expected
climate change, including both sudden-onset and slow-onset
climate change-related risks or events assessed through
historical data, recent climate conditions and risks, and
climate change projections, to minimize negative impacts on
human health and safety, equity, ecosystems, and the
environment.
``(2) Agency.--The term `agency' has the meaning given the
term `Executive agency' under section 105, but does not include
the Government Accountability Office.
``(3) Climate change.--The term `climate change' means the
long-term change in the average weather patterns influencing
local, regional, and global climates, that are primarily driven
by human-produced greenhouse gas emissions, and observed
through key indicators including global land and ocean
temperature increases, rising sea levels, loss of polar and
mountain glacier ice, cloud and vegetation cover changes, and
increases in extreme weather such as hurricanes, heatwaves,
wildfires, droughts, floods, and precipitation.
``(4) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(5) Disadvantaged community.--The term `disadvantaged
community' means a community that is harmed by environmental,
economic, or socioeconomic injustice, and includes a community
that--
``(A) has a high concentration of low-income and
low-wealth households, including households comprised
primarily of members of groups that have historically
experienced discrimination on the basis of race,
gender, national origin, or ethnicity (including Black,
Indigenous, Latinx, Arab, Asian, and Pacific Islander
communities);
``(B) faces economic transition,
deindustrialization, historic underinvestment, or
poverty; or
``(C) is an environmental justice community.
``(6) Environmental justice community.--The term
`environmental justice community' means a low-income or low-
wealth community facing environmental injustice, including any
community that--
``(A) is located nearest to an existing area of
grave environmental pollution or degradation;
``(B) bears a burden of negative public health
effects of pollution;
``(C) includes one or more sites of--
``(i) a facility that is a part of a
polluting industry;
``(ii) a waste dump; or
``(iii) a facility for resource extraction;
``(D) experiences a high incidence of climate
change impacts and disasters;
``(E) has been excluded or harmed by racist or
discriminatory policies that have resulted in economic
or health disparities;
``(F) has a land-based or food subsistence culture
that is experiencing ecosystem disruption and
devastation;
``(G) faces relocation and resettlement resulting
from--
``(i) climate change;
``(ii) impacts to the environment and
ecosystems; or
``(iii) impacts associated with economic
inequities; or
``(H) is an Indigenous community.
``(7) Impact.--The term `impact' means consequences, both
realized and expected, for natural and human systems.
``(8) Preparedness.--The term `preparedness' means actions
taken to plan, organize, equip, train, and exercise to build,
apply, and sustain the capabilities necessary to prevent,
protect against, ameliorate the effects of, respond to, and
recover from climate change-related damages to life, health,
property, livelihoods, ecosystems, and national security.
``(9) Resilience.--The term `resilience' means the ability
to anticipate, prepare for, and adapt to changing conditions
and withstand, respond to, and recover rapidly from disruptions
while ensuring the sustainment of mission-critical operations.
``(10) Risk.--The term `risk' means an assessment based on
formal analysis of the consequences, likelihoods, and responses
to the impacts of climate change and how societal constraints
shape adaptation options.
``(11) State.--The term `State' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian Tribe.
``(12) Vulnerable population.--The term `vulnerable
population' means groups of individuals, including those with
underlying health conditions, subject to greater climate change
exposure, or adversely impacted by social determinants of
health, who experience heightened sensitivity to climate-
related health and economic impacts.
``Sec. 322. Agency climate action plans required
``(a) Agency Climate Action Plans Required.--Not later than 1 year
after the date of the enactment of this section, the head of each
agency shall submit to the Director and the steering committee of the
Council on Federal Agency Climate PREP an agency climate action plan.
``(b) Contents of Plan.--Each agency climate action plan submitted
pursuant to subsection (a) shall include the following:
``(1) An identification and assessment of climate change-
related impacts on and risks to the ability of the agency to
accomplish its missions, operations, and programs.
``(2) A description of programs, policies, and plans the
agency has in place and any additional action the agency plans
to take to mitigate and manage the impacts and risks identified
in paragraph (1) and build resilience, both immediately and at
milestones that are 2, 5, 10, and 20 years after the date of
the enactment of this section.
``(3) A description of how any climate change-related
impact and risk identified under paragraph (1) that is
determined by the agency to be so significant that it impairs
the statutory mission or operation of the agency will be
addressed.
``(4) An assessment of whether implementation of any of the
programs, policies, or plans of the agency exacerbates climate
change-related impacts and risks.
``(5) A description of how the agency will consider the
need to improve climate change adaptation and resilience,
including--
``(A) an assessment that monetizes the costs and
benefits of such improvement, including the value of
climate change adaptation, resilience, and mitigation;
and
``(B) with respect to agency suppliers, supply
chains, real property investments, and capital
equipment purchases such as updating agency policies
for leasing, building upgrades, relocation of existing
facilities and equipment, and construction of new
facilities.
``(6) In the case of the implementation of a program that
uses cost-benefit analyses, a description of any additional
methodologies used by the agency to incorporate climate change
risks into the cost-benefit analyses, including the metrics and
methodologies used.
``(7) An assessment of the efforts of the agency to reverse
the disproportionate impacts of climate change on disadvantaged
communities and vulnerable populations, including--
``(A) a description of opportunities identified to
reverse such impacts;
``(B) a description of progress made in reversing
such impacts; and
``(C) a description of the methodology used by the
agency for actively and widely soliciting and receiving
input and feedback directly from such communities and
populations regarding such opportunities and progress.
``(8) A description of how the agency will promote the
preparedness and resilience of the Federal workforce with
respect to climate change.
``(9) A description of how the agency will contribute to
coordinated interagency efforts to support climate change
mitigation preparedness, and resilience at all levels of
government, including collaborative work across regional
offices of agencies and through coordinated development of
information, data, and tools.
``(c) Progress Reports.--The head of each agency shall submit to
the Director and the steering committee of the Council on Federal
Agency Climate PREP an annual progress report on the implementation of
the plans required pursuant to subsection (a), including updated
identification and assessments of climate change-related impacts and
risks.
``Sec. 323. Council on Federal Agency Climate PREP
``(a) Establishment.--There is established an interagency council,
to be known as the Council on Federal Agency Climate Planning,
Resilience, and Enhanced Preparedness, or the Council on Federal Agency
Climate PREP (in this section referred to as the `Council').
``(b) Leadership.--The Director shall serve as the Chair of the
Council (in this section referred to as the `Chair') and shall be
guided by a steering committee, which shall determine priorities and
strategic direction for the Council in accordance with subsection (f),
made up of the National Climate Advisor, the Chair of the Council on
Environmental Quality, and the Director of the Office of Science and
Technology Policy.
``(c) Members.--In addition to the Chair and steering committee,
the Council shall be composed of the following members who are senior
officials (Deputy Secretary or equivalent officer) from the following:
``(1) The Department of State.
``(2) The Department of the Treasury.
``(3) The Department of Defense.
``(4) The Department of Justice.
``(5) The Department of the Interior.
``(6) The Department of Agriculture.
``(7) The Department of Commerce.
``(8) The Department of Labor.
``(9) The Department of Health and Human Services.
``(10) The Department of Housing and Urban Development.
``(11) The Department of Transportation.
``(12) The Department of Energy.
``(13) The Department of Education.
``(14) The Department of Veterans Affairs.
``(15) The Department of Homeland Security.
``(16) The United States Agency for International
Development.
``(17) The Army Corps of Engineers.
``(18) The Environmental Protection Agency.
``(19) The General Services Administration.
``(20) The Millennium Challenge Corporation.
``(21) The National Aeronautics and Space Administration.
``(22) The U.S. Small Business Administration.
``(23) The Corporation for National and Community Service.
``(24) The Office of Personnel Management.
``(25) The Nuclear Regulatory Commission.
``(26) The Office of the Director of National Intelligence.
``(27) The Council of Economic Advisers.
``(28) The National Economic Council.
``(29) The Domestic Policy Council.
``(30) The Office of Management and Budget.
``(31) The White House Office of Public Engagement and
Intergovernmental Affairs.
``(32) The United States Trade Representative.
``(33) Such agencies or offices as the President, Chair, or
steering committee shall designate.
``(d) Administration.--The Director of the Office of Management and
Budget shall provide administrative support and additional resources,
as appropriate, to the Council. Agencies shall assist and provide
information to the Council deemed necessary by the Chair or the
steering committee to carry out its functions. Each such agency shall
pay its own expenses related to participating as members of the
Council.
``(e) Council Structure.--The Chair and steering committee may
establish task forces and working groups as needed.
``(f) Mission and Function of the Council.--The Council shall
coordinate across Federal agencies and offices, and in partnership with
State and local governments, academic and research institutions, and
the private and nonprofit sectors to do the following:
``(1) Facilitate the organization and deployment of a
government-wide approach to combat the climate crisis.
``(2) Develop, recommend, coordinate interagency efforts
on, and track implementation of Federal Government actions to--
``(A) reduce climate pollution;
``(B) increase resilience to the impacts of climate
change;
``(C) protect public health;
``(D) conserve lands, waters, oceans, and
biodiversity;
``(E) deliver environmental justice; and
``(F) spur well-paying union jobs and economic
growth.
``(3) Provide expertise to assist regional, State, Tribal,
territorial, and local action to--
``(A) reduce climate pollution;
``(B) increase resilience to the impacts of climate
change;
``(C) protect public health;
``(D) conserve lands, waters, oceans, and
biodiversity;
``(E) deliver environmental justice; and
``(F) spur well-paying union jobs and economic
growth.
``(4) Integrate climate change science in policies and
planning, where appropriate, of agencies and the private
sector, including by developing and deploying of innovative,
actionable, and accessible Federal climate change-related
information, data, and tools.
``(5) To the extent permitted by law, prioritize action on
climate change in their policy-making, budget processes,
contracting and procurement, and engagement with governments,
workers, communities, and the private sector.
``(6) Carry out such other functions as the Director may
determine necessary.''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 3 of title 5, United States Code, is amended by adding at the
end the following new items:
``subchapter iii--government-wide coordination on climate change
``321. Definitions.
``322. Agency climate action plans required.
``323. Council on Federal Agency Climate PREP.''.
SEC. 3. WHITE HOUSE OFFICE OF DOMESTIC CLIMATE POLICY.
(a) Establishment.--There is established, within the Executive
Office of the President, the Office of Domestic Climate Policy (in this
section referred to as the ``Office'').
(b) National Climate Advisor.--
(1) In general.--The Office shall be headed by the National
Climate Advisor (in this section referred to as the
``Advisor'') who shall be appointed by the President.
(2) Position.--The Advisor shall hold office at the
pleasure of the President.
(3) Pay and allowances.--The Advisor shall be entitled to
receive the same pay and allowances as are provided for level
II of the Executive Schedule under section 5313 of title 5,
United States Code.
(c) Duties of the National Climate Advisor.--Subject to the
authority, direction, and control of the President, the Advisor shall--
(1) coordinate the policymaking process with respect to
domestic climate policy issues;
(2) coordinate domestic climate policy advice to the
President;
(3) ensure that domestic climate policy decisions and
programs are consistent with the stated goals of the President
and that those goals are being effectively pursued; and
(4) monitor implementation of the domestic climate policy
agenda of the President.
(d) Powers of the Advisor.--The Advisor may, for the purposes of
carrying out the functions of the Advisor under this section--
(1) subject to the civil service and classification laws,
select, appoint, employ, and fix the compensation of such
officers and employees as are necessary and prescribe their
duties;
(2) employ experts and consultants in accordance with
section 3109 of title 5, United States, Code, and compensate
individuals so employed for each day (including travel time) at
rates not in excess of the maximum rate of basic pay for grade
GS-15 as provided in section 5332 of such title, and while such
experts and consultants are so serving away from their homes or
regular place of business, to pay such employees travel
expenses and per diem in lieu of subsistence at rates
authorized by section 5703 of such title 5 for persons in
Federal Government service employed intermittently;
(3) promulgate such rules and regulations as may be
necessary to carry out the functions, powers, and duties vested
in the Advisor;
(4) utilize, with their consent, the services, personnel,
and facilities of other Federal agencies;
(5) enter into and perform such contracts, leases,
cooperative agreements, or other transactions as may be
necessary in the conduct of the work of the Office and on such
terms as the Advisor may determine appropriate, with any
Federal agency, or with any public or private person or entity;
(6) accept voluntary and uncompensated services,
notwithstanding the provisions of section 1342 of title 31,
United States Code;
(7) adopt an official seal, which shall be judicially
noticed; and
(8) provide, where authorized by law, copies of documents
to persons at cost, except that any funds so received shall be
credited to, and be available for use from, the account from
which expenditures relating thereto were made.
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