[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6492 Introduced in House (IH)]
<DOC>
117th CONGRESS
2d Session
H. R. 6492
To establish a climate resilience workforce, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2022
Ms. Jayapal (for herself, Ms. Barragan, Ms. Bass, Mr. Blumenauer, Mr.
Bowman, Ms. Bush, Mr. Carson, Ms. Clarke of New York, Mr. Cleaver, Mr.
Connolly, Ms. Escobar, Mr. Garcia of Illinois, Mr. Grijalva, Mr.
Huffman, Mr. Johnson of Georgia, Mr. Jones, Ms. Lee of California, Mr.
Levin of Michigan, Mrs. Carolyn B. Maloney of New York, Mr. Nadler,
Mrs. Napolitano, Ms. Newman, Ms. Norton, Ms. Ocasio-Cortez, Ms.
Pressley, Ms. Schakowsky, Mr. Smith of Washington, Mr. Suozzi, Mr.
Takano, Ms. Tlaib, and Mrs. Watson Coleman) introduced the following
bill; which was referred to the Committee on Education and Labor, and
in addition to the Committees on Energy and Commerce, Oversight and
Reform, the Judiciary, Transportation and Infrastructure, Ways and
Means, Agriculture, Natural Resources, and Financial Services, 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 establish a climate resilience workforce, 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 ``Climate Resilience Workforce Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definitions.
Sec. 4. Office of Climate Resilience.
Sec. 5. Climate Resilience Equity Advisory Board.
Sec. 6. Center for the Climate Resilience Workforce.
Sec. 7. Defining climate resilience sectors.
Sec. 8. Disaggregation of data.
TITLE I--NATIONAL CLIMATE RESILIENCE ACTION PLANNING
Sec. 101. Interagency workgroup.
Sec. 102. Climate Resilience Task Force.
Sec. 103. Process and outcomes for development of national climate
resilience action plan.
Sec. 104. Federal agency climate resilience action plans.
TITLE II--STATE, TRIBAL, LOCAL, AND COMMUNITY CLIMATE RESILIENCE ACTION
PLANNING
Sec. 201. Climate resilience planning grants.
TITLE III--CLIMATE RESILIENCE WORKFORCE GRANTS
Sec. 301. Job creation grants.
Sec. 302. Workforce development training and hiring grants.
Sec. 303. Virtual technical assistance and capacity building.
TITLE IV--LABOR STANDARDS AND ENFORCEMENT
Sec. 401. Minimum labor standards for climate resilience workers.
Sec. 402. Good Climate Resilience Jobs Grant Program.
Sec. 403. Climate Resilience Workers Commission.
Sec. 404. Workers employed using Stafford Act funds.
Sec. 405. Paid leave for Federal employees who are victims of domestic
violence, sexual assault, or stalking.
Sec. 406. GAO Report on Federal Prison Industry.
TITLE V--REMOVING BARRIERS TO EMPLOYMENT
Sec. 501. Immigration barriers.
Sec. 502. Criminal justice barriers.
Sec. 503. Drug testing barriers.
Sec. 504. Taskforce on Worker Inclusion.
TITLE VI--PROVISIONS RELATED TO CLIMATE RESILIENCE WORKERS INVOLVED IN
DISASTER RECOVERY AND REBUILDING
Sec. 601. Supports for disaster recovery workers.
Sec. 602. Pilot program providing Federal employment opportunities for
formerly incarcerated firefighters.
Sec. 603. Direct employment in FEMA CORE.
SEC. 3. DEFINITIONS.
In this Act:
(1) Apprentice.--The term ``apprentice'' means a
participant in an apprenticeship program.
(2) Apprenticeship program.--The term ``apprenticeship
program'' means an apprenticeship registered under the Act of
August 16, 1937 (commonly known as the ``National
Apprenticeship Act''; 50 Stat. 664, chapter 663; 29 U.S.C. 50
et seq.) that meets the standards of subpart A of part 29 and
part 30 of title 29, Code of Federal Regulations (or any
successor regulations on registered programs).
(3) Climate resilience.--The term ``climate resilience''--
(A) means the ability and capacity of social,
economic, and environmental systems, organized as
natural ecosystems and human communities, to
anticipate, prepare for, adapt to, respond to, and
recover from hazardous events, trends, or disturbances
related to climate change; and
(B) includes the ability to engage in an iterative
process of--
(i) assessing how climate change will
create new, or alter current climate related
risks, and how such risks are distributed
within and across natural ecosystems and human
communities, including--
(I) for human communities, risks
shall be assessed by geography, race,
ethnicity, socioeconomic status, health
and other demographic and social
factors, as applicable; and
(II) for natural ecosystems, risks
shall be assessed by geography, species
and ecosystem services, as applicable;
(ii) identifying human populations, animal
and plant species, ecosystem services and
habitats that face disproportionate risks and
impacts of climate change, including--
(I) for human populations,
identifying risks due to historic and
ongoing systemic racism, economic
inequity, and environmental degradation
and pollution; and
(II) for natural species and
ecosystem services, identifying risks
due to environmental degradation,
pollution and other anthropogenic
impacts;
(iii) working to address the root causes
that lead the entities identified in clause
(ii) to be disproportionately vulnerable to the
risks and impacts of climate change; and
(iv) prioritizing the natural species,
ecosystem services and human populations
identified in clause (ii) in taking steps to--
(I) mitigate climate change by
addressing its causes and impacts to
the greatest extent possible as quickly
as possible;
(II) prepare for and adapt to the
unavoidable impacts of climate change
by ensuring that effective risk
reduction and management and adaptation
strategies can be implemented and
maintained; and
(III) recover from and rebuild
after climate disasters in ways that
minimize future risks and increase the
ability of natural ecosystems and human
communities to face future risks with
less harm.
(4) Co-operative.--The term ``co-operative'' has the
meaning given such term in section 1381 of the Internal Revenue
Code of 1986.
(5) Community of color.--The term ``community of color''
means a census block group or series of geographically
contiguous blocks in which the population of any of the
following categories of individuals, individually or in
combination, comprises 30 percent or more of the population of
persons in the census block group or series of geographically
contiguous blocks:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(6) Covered project labor agreement.--The term covered
project labor agreement means a project labor agreement that--
(A) binds all contractors and subcontractors on the
project through the inclusion of appropriate
specifications in all relevant solicitation provisions
and contract documents;
(B) allows all contractors and subcontractors to
compete for contracts and subcontracts without regard
to whether they are otherwise a party to a collective
bargaining agreement;
(C) contains guarantees against strikes, lockouts,
and other similar job disruptions;
(D) sets forth effective, prompt, and mutually
binding procedures for resolving labor disputes arising
during the covered project labor agreement; and
(E) provides other mechanisms for labor-management
cooperation on matters of mutual interest and concern,
including productivity, quality of work, safety, and
health.
(7) Director.--The term ``Director'' means the director of
the Office of Climate Resilience established under section 4 of
this Act.
(8) Frontline community.--The term ``frontline community''
means--
(A) a community or population that, due to systemic
racial or economic injustice, has been made vulnerable
to experience disproportionate exposure to
environmental hazards, including--
(i) a low-income community;
(ii) a community of color; and
(iii) a Tribal or indigenous community;
(B) a community that has been primarily
economically dependent on fossil fuel industries; and
(C) a community or population that is vulnerable or
systematically disadvantaged and therefore has a higher
likelihood of being impacted by environmental and
climate injustice and inequitable climate actions,
including--
(i) linguistically isolated communities;
(ii) individuals with limited English
proficiency;
(iii) immigrants and refugees;
(iv) individuals with limited mobility;
(v) individuals who are ill;
(vi) vulnerable elderly populations;
(vii) children, youth, and pregnant women;
(viii) individuals with disabilities;
(ix) LGBTQ+ individuals;
(x) institutionalized populations;
(xi) individuals living in isolated rural
areas;
(xii) unhoused populations; and
(xiii) workers whose job requires such
worker to work outdoors.
(9) Grassroots community group.--The term ``grassroots
community group'' means a group of organized or connected
individuals residing in the same census block group or series
of geographically contiguous blocks that face the same or
similar risks and impacts of climate change or other social,
economic, and environmental risks and impacts.
(10) Interim credential.--The term ``interim credential''
means a credential issued by a registration agency, upon
request of the appropriate sponsor, as certification of
competency attainment by a program participant during
participation in a program under the national apprenticeship
system.
(11) Labor organization.--The term ``labor organization''
has the meaning given such term in section 2(5) of the National
Labor Relations Act (29 U.S.C. 152(5)).
(12) Labor, worker, and workforce development
stakeholders.--The term ``labor, worker, and workforce
development stakeholders'' shall include--
(A) individuals who are members of populations
facing barriers to employment who have shown leadership
in addressing such barriers;
(B) worker-driven entities dedicated to ensuring
collective worker voice and representation, including--
(i) labor unions;
(ii) worker centers; and
(iii) worker associations;
(C) organizations that advocate for improvement to
worker rights and working conditions, including
organizations that work to expand collective
bargaining, raise worker wages, improve workplace
safety, reduce and end discrimination and increase
workplace equity;
(D) individuals and organizations, including
potential employers, that possess knowledge of the
jobs, skills, and occupations that pertain to climate
resilience work, in order to inform workforce and
training needs; and
(E) entities with proven track records in designing
and participating in workforce development and training
programs resulting in higher wages and improved job
security for workers, including--
(i) community colleges;
(ii) nonprofit organizations; and
(iii) joint labor management partnerships.
(13) Local government.--The term ``local government''
means--
(A) a county, municipality, city, town, township,
local public authority, school district, special
district, intrastate district, council of governments
(regardless of whether the council of governments is
incorporated as a nonprofit corporation under State
law), regional or interstate governmental entity, or
agency or instrumentality of a local government; or
(B) an Indian Tribe or authorized Tribal
organization, or Alaska Native village or organization
that is not a Tribal Government.
(14) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population of such block group are individuals with
an annual household income equal to, or less than, the greater
of--
(A) an amount equal to 80 percent of the median
income of the area in which the household is located,
as reported by the Department of Housing and Urban
Development; and
(B) 200 percent of the Federal poverty line.
(15) Non-profit organization.--The term ``non-profit
organization'' means an organization under section 501(c)(3) of
the Internal Revenue Code of 1986.
(16) Population.--The term ``population'' means a census
block group or series of geographically contiguous blocks
representing certain common characteristics, including race,
ethnicity, national origin, income-level, health disparities,
or other public health or socioeconomic attributes.
(17) Populations facing barriers to employment.--The term
``populations facing barriers to employment'' means populations
that have faced systemic barriers to employment, significant,
systemic job losses, or chronic underemployment or insecure
employment due to failed economic policies, including--
(A) undocumented individuals;
(B) individuals with criminal records;
(C) individuals who are formerly incarcerated;
(D) deindustrialized communities; and
(E) demographic populations with unemployment
levels higher than the national average.
(18) Pre-apprenticeship program.--The term ``pre-
apprenticeship program'' means a training model or program
that--
(A) prepares individuals, focusing on
underrepresented populations, to enter and succeed in a
registered apprenticeship program;
(B) has an articulation agreement with one or more
registered apprenticeship programs;
(C) that teaches a curriculum based on industry
standards; and
(D) that offers hands on training opportunities
that do not displace paid workers.
(19) Project labor agreement.--The term ``project labor
agreement'' means a pre-hire collective bargaining agreement
with one or more labor organizations that establishes the terms
and conditions of employment for a specific project and is
described in section 8(f) of the National Labor Relations Act
(29 U.S.C. 158(f)).
(20) Recognized post-secondary credential.--The term
``recognized post-secondary credential'' has the meaning given
the term in section 3 of the Workforce Innovation and
Opportunity Act (29 U.S.C. 3102), except that such term does
not include a certificate of completion of an apprenticeship.
(21) Regional governmental group.--The term ``regional
governmental group'' means a group of States that share borders
or are in close proximity to one another and share similar
social, economic, and environmental systems and risks and
impacts of climate change.
(22) State.--The term ``State'' includes each of the
several States, the District of Columbia, the Commonwealth of
Puerto Rico, the Virgin Islands of the United States, the
Commonwealth of the Northern Mariana Islands, the Federated
States of Micronesia, the Republic of the Marshall Islands, the
Republic of Palau, and the territories and possessions of the
United States.
(23) Tribal government.--The term ``Tribal government''
means the governing body of an Indian Tribe.
(24) Tribal or indigenous community.--The term ``Tribal or
indigenous community'' means a population of people who are
members of--
(A) a federally recognized Indian Tribe;
(B) a State recognized Indian Tribe;
(C) an Alaskan Native or Native Hawaiian community
or organization; and
(D) any other community of indigenous people
located in a State.
(25) Worker center.--The term ``worker center'' means a
non-profit organization or a co-operative that--
(A) has as one if its primary goals the improvement
of worker rights, workplace safety, wages, working
conditions, or employment access, or the promotion of
enhanced worker voice; and
(B) which has some kind of formal mechanism by
which workers who stand to benefit from these
improvements may directly participate in organizational
decision-making.
SEC. 4. OFFICE OF CLIMATE RESILIENCE.
(a) Establishment.--Not later than 60 days after the date of
enactment of this Act, the President shall establish an Office of
Climate Resilience (hereinafter referred to as the ``Office'') within
the White House.
(b) Director.--
(1) Appointment.--The President shall appoint a Director of
the Office.
(2) Term.--The Director shall serve for a period of 5
years.
(3) Termination.--The President may terminate the Director
prior to the end of the term described in paragraph (2) for
issues with performance.
(c) Purpose.--The purpose of the Office shall be to use information
from all sectors involved in climate resilience, including frontline
community experience, scientific expertise, and labor organization
input to coordinate Federal actions to support a climate resilient
nation and operate as a Secretariat.
(d) Functions.--The Office shall--
(1) convene the necessary Federal and external stakeholders
to inform and develop a national climate resilience action
plan;
(2) revise the plan described in paragraph (1) every 5
years, or more frequently if determined necessary by the
Director based on science;
(3) support Federal agencies in developing and revising
agency-specific climate resilience actions plans and compile
such plans into a Federal Government climate resilience action
plan;
(4) administer grants established under section 201 of this
Act;
(5) coordinate with the Climate Resilience Workers
Commission established under section 403 of this Act to support
compliance with the requirements of this Act;
(6) coordinate with other Federal activities related to
climate resilience, including efforts made by the National
Environmental Justice Advisory Council and the White House
Environmental Justice Advisory Council; and
(7) evaluate the effectiveness of the national climate
resilience action plan in achieving a climate resilient nation
through annual assessments and annual reporting to Congress.
(e) Staffing.--
(1) In general.--The Director of the Office shall appoint
staff to organize the activities of and provide support for the
members of the Climate Resilience Equity Advisory Board
established under section 5 of this Act, the interagency
working group, and the Climate Resilience Task Force.
(2) Additional employees.--The Director may hire other
employees as needed to exercise and fulfil the function and
purpose of the Office.
SEC. 5. CLIMATE RESILIENCE EQUITY ADVISORY BOARD.
(a) Establishment.--Not later than 6 months after the date of
enactment of this Act, the Director of the Office of Climate Resilience
shall establish a Climate Resilience Equity Advisory Board (herein
after referred to as the ``Advisory Board'').
(b) Purpose.--The purpose of the Advisory Board shall be to advise
and make recommendations to the Office of Climate Resilience to ensure
that the knowledge, experiences, and priorities of frontline
communities are incorporated into Federal climate resilience efforts.
(c) Functions.--The Advisory Board shall--
(1) participate in the planning process to develop a
national climate resilience action plan, including by advising
and making recommendations to the interagency workgroup,
Climate Resilience Task Force, and labor, worker, and workforce
development stakeholders to ensure that--
(A) the knowledge, lived experiences, and
priorities of frontline communities are incorporated
into the strategies, actions, and projects proposed in
the national climate resilience action plan and agency
climate resilience plans; and
(B) climate resilience jobs and training
opportunities prioritize and are accessible to
frontline communities;
(2) advise and make recommendations to the Office of
Climate Resilience on ongoing climate resilience activities;
and
(3) collaborate with, advise, and make recommendations to
the Center for the Climate Resilience Workforce on the
activities of such Center.
(d) Membership.--
(1) In general.--Members of the Advisory Board shall be
representatives of frontline communities.
(2) Application process.--The Director of the Office shall
develop an application process and criteria that, at minimum,
shall require applicants for the Advisory Board to provide--
(A) letters of support from 3 individuals who are
members of the community they represent, highlighting
the qualifications and relevant lived, volunteer, or
paid work experience the individual possesses to serve
on the Advisory Board; and
(B) demographic information about the community
represented by the individual including data on
population size, income, race, education level,
geographic location, and health, climate, and
environmental risks faced.
(3) Size of board.--
(A) In general.--The Advisory Board shall be
comprised of not less than 12 members that provide
diverse and fair representation of frontline
communities.
(B) Additional members.--The Director may select
additional members representing frontline communities
for the Advisory Board on an interim or permanent
basis.
(4) Term.--
(A) In general.--A member shall serve on the
Advisory Board for a term of 3 years.
(B) Term limit.--A member may serve on the Advisory
Board for not more than 2 terms.
(e) Compensation.--The Director of the Office shall establish
guidelines and a process for providing compensation to individuals who
would otherwise not be able to participate or who would experience
financial hardship without such compensation.
(f) Public Participation and Transparency.--The Board shall make
every effort, consistent with applicable law, including section 552 of
title 5, United States Code, and section 552a of title 5, United States
Code, to maximize public participation and transparency, including
making the advice of the Board publicly available in electronic form,
including video streaming, on the website of the Office.
(g) Applicability of Law.--Section 14(a)(2) of the Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Advisory
Committee.
SEC. 6. CENTER FOR THE CLIMATE RESILIENCE WORKFORCE.
(a) Establishment.--Not later than 3 months after the date of
enactment of this Act, the Secretary of Labor shall establish a Center
for the Climate Resilience Workforce.
(b) Purpose.--The purpose of the Center for the Climate Resilience
Workforce shall be to--
(1) serve as a public resource to support job quality,
worker voice, job training and job creation for the climate
resilience workforce; and
(2) disseminate information, conduct research, and
celebrate the contributions of the climate resilience
workforce.
(c) Staffing.--
(1) In general.--The Center shall be comprised of staff
with sufficient knowledge and expertise to carry out the
functions under subsection (d).
(2) Consultation.--The Center shall consult with Federal
agencies as needed to carry out the functions under subsection
(d), including the Environmental Protection Agency, the
Department of Interior, the Department of Agriculture, and the
Department of Commerce.
(d) Functions.--The Center shall--
(1) define the occupational sectors that pertain to climate
resilience, as indicated in section 7, revise such definition
as needed based on the latest science and labor market and
worker data, and maintain an updated list of such sectors on
the Center's website;
(2) contact annually, at a minimum, the United States
Global Change Research Program regarding key shifts and
emerging challenges in social, economic and environmental
systems due to climate change to inform the identification of
priority sectors, skills and geographies of focus for the
climate resilience workforce;
(3) take into account any research that identifies
frontline communities by tracking the nationwide geographic
distribution of cumulative environmental impacts, pollution
hotspots, and vulnerability to various environmental risks
through the Environmental Justice Screen tool of the
Environmental Protection Agency and other Federal environmental
justice mapping efforts to ensure that job creation and hiring
prioritize the communities that are most likely to face
disproportionate risks and impacts of climate change;
(4) conduct research on the climate resilience workforce
to--
(A) track the growth of the climate resilience
workforce;
(B) track labor market trends in the supply and
demand of climate resilience workers by sector,
geography, occupation, skills, and training level,
highlighting areas of greatest demand and supply so as
to inform job creation and training investments;
(C) identify effective strategies in job creation,
training, recruitment, employment and provision of
ongoing support for climate resilience workers;
(D) identify the successes, challenges,
opportunities and needs of the climate resilience
workforce; and
(E) collect data (through reliance on BLS
statistics and United States Energy and Employment
Report data) on the demographic distribution of jobs
created through the programs in this legislation, as
well as wages of new jobs by worker demographics;
(5) evaluate--
(A) the effectiveness of the various funding
streams created by this Act in supporting the growth of
a well-equipped, skilled, and demographically
representative climate resilience workforce;
(B) the current minimum labor standards of climate
resilience workers, barriers to improved safety, wages
and worker voice, and potential regulatory and
operational adjustments to improve those labor
standards;
(C) the relative job quality of climate resilience
jobs, including wage and benefit levels, union density,
and other relevant metrics; and
(D) the Department of Labor's role in diverse and
equitable job creation for the climate resilience
workforce, especially regarding race, ethnicity and
gender for the programs created or supported through
this Act;
(6) highlight and make recommendations to address
disparities and barriers in--
(A) the hiring, retention or income of workers from
frontline communities and populations facing barriers
to employment;
(B) achieving minimum labor standards specified in
this Act for all climate resilience workers;
(C) the creation of living-wage jobs in the climate
resilience sector;
(D) barriers to worker voice, whistleblowers and
collective bargaining in the climate resilience
workforce and means by which to overcome these barriers
using improved enforcement, education and regulatory
changes; and
(E) addressing the immigration, criminal justice
and drug testing barriers to employment specified in
this Act;
(7) collaborate with the Office of Climate Resilience, the
Climate Resilience Equity Advisory Board and labor, worker and
workforce stakeholders in conducting research, sharing
findings, and developing recommendations;
(8) publish the findings of its research on its website and
maintain a monthly newsletter with the latest data on the
climate resilience workforce and research findings; and
(9) honor the climate resilience workforce by publicly
recognizing the achievements of the climate resilience
workforce.
SEC. 7. DEFINING CLIMATE RESILIENCE SECTORS.
(a) In General.--Not later than 6 months after the date of
enactment of this Act, the Center for the Climate Resilience Workforce
shall define climate resilience sectors for the purposes of this Act.
(b) Revision.--The Center for the Climate Resilience Workforce
shall revise the definition under subsection (a) as needed to reflect
the full scope of the sectors, occupations, and skills needed to
achieve a climate resilient nation, and maintain an updated list of
sectors on the Center's website.
(c) Inclusions.--In defining climate resilience sectors under
subsection (a), the Center shall include, at a minimum, all employment
sectors in which workers perform activities related to the following:
(1) Mitigation of climate change.--Efforts focused on
achieving absolute reductions in greenhouse gas emissions in
the sectors producing the greatest emissions, including--
(A) transportation;
(B) electricity generation;
(C) industry;
(D) commercial and residential buildings; and
(E) agriculture.
(2) Preparation for and adaptation to climate change.--
Efforts focused on activities involved in preparing for,
adapting to, and addressing risks related to climate change,
including the following:
(A) Social systems.--
(i) Care infrastructure.--To ensure
adequate, reliable access to and availability
of formal services and informal, community-
based support for healthcare, childcare, elder
care, home care, domestic care, and other
related care functions as climate change
impacts increase and to protect vulnerable
populations in times of disaster.
(ii) Human health.--To prevent and address
increased injury, illness, and death due to
increased exposure to heat waves, floods,
droughts, extreme weather events and vector-,
food-, and waterborne infectious diseases and
to changes in the quality and safety of air,
food and water, and stresses to mental health.
(iii) Communities.--
(I) Urban communities.--Strengthen
vulnerable infrastructure and prevent
and address concentrated heat and air
pollution.
(II) Rural communities.--Strengthen
infrastructure and increase resources
for resilience.
(III) Tribal and indigenous
communities.--Preparing for and
adapting to threats to livelihoods and
economies in agriculture, hunting and
gathering, fishing, forestry, energy,
recreation and tourism, threats to
sites, practices and relationships with
cultural, spiritual and ceremonial
importance, loss of cultural heritage
and identity, and loss of sovereignty
and self-determination.
(B) Environmental systems.--
(i) Water.--Changes in water quantity and
quality, deteriorating water infrastructure,
flood and drought management, extreme
precipitation and rising sea levels, ensuring
access to clean drinking water, and ensuring
adequate water storage and availability.
(ii) Air.--Worsening air quality,
respiratory and cardiovascular illness and
death, injury due to reduced visibility, damage
to agricultural crops and forests, increased
wildfire smoke, increased frequency and
severity of allergic illnesses, and minimizing
air pollutants to improve air quality.
(iii) Land.--Loss of land cover and impact
on agriculture, wildfires, coastal wetlands and
vegetation, mitigating the impacts of
deforestation and urbanization, and considering
climate change risks in land use decisions.
(iv) Forests.--Decreased tree growth and
carbon storage.
(v) Ecosystems and biodiversity.--Altered
or deteriorated ecosystem functions, altered
individual characteristics of organisms, timing
of biological events and geographic ranges of
terrestrial, freshwater and marine organisms,
spread of invasive species, loss of
biodiversity, endangerment and extinction of
organisms, and changes in agricultural and
fisheries production, supply of clean water,
protection from extreme events, and culturally
valuable resources.
(vi) Coasts.--Higher storm surges and sea
level rise, chronic high-tide flooding,
threatened investments along coasts, economic
losses in tourism and fishing, increased pace
and extent of coastal flooding and erosion, and
forced relocation.
(vii) Oceans.--Ecosystem disruption, loss
of habitat, ocean warming, acidification, and
deoxygenation, and losses to fisheries and
fishing communities.
(C) Economic systems.--
(i) Public sector.--Activities focused on
ensuring stable governance and provision of
critical safety net services and supports,
adopting new policies to address emerging
threats, risks and needs and provide specific
protections for vulnerable populations, and
expanding services to ensure that emerging and
increasing needs are met.
(ii) Buildings and built infrastructure.--
Activities focused on strengthening buildings
and built infrastructure to climate risks,
weatherization to account for shifting and
increasing temperatures, preparing for and
adapting to changing patterns of energy use and
peak demands, ensuring good indoor air quality,
and ensuring affordable housing.
(iii) Transportation.--Higher temperatures,
increased precipitation, rising sea levels and
extreme weather events on ports, vehicles and
transportation infrastructure, preparing for
travel disruptions, ensuring passenger safety,
preparing for and adapting to fluctuations in
fuel and electricity supply and communications
disruptions, and demographic shifts and shifts
in flows of goods and services that alter
transport networks.
(iv) Manufacturing and industry.--Supply
chain shocks, new regulatory requirements and
price shocks, and the impact of increasing
temperatures on manufacturing processes.
(v) Communications and technology.--Damage
to communications infrastructure and service
interruptions and outages.
(vi) Financial systems.--Physical risks
associated with more frequent severe weather
events and lasting environmental changes to
insurance and banking sectors and local
economies, preparing for, adapting to and
addressing the transition risks posed by policy
and technological changes to a reduced-carbon
economy, and fluctuations in global markets,
stranded assets.
(vii) Commerce.--Mitigation of threats to
small, locally owned businesses.
(viii) Energy systems.--Impacts of
increasing temperatures, severity of extreme
weather events and increased precipitation on
energy production and delivery, shifts in
energy demand and supply, and growing
population driving an increase in overall
energy demand.
(ix) Agriculture and food systems.--
Disruptions to food availability, access, and
quality due to reduced agricultural
productivity, changes in temperature and
precipitation patterns resulting in floods,
droughts, changes in crop and livestock
viability, new pests, pathogens and weed
problems, depletion of water supplies for
irrigation, soil degradation, illness and death
in farm workers and livestock due to heat,
economic losses, instability of food supply,
closure of smaller farms with limited safety
nets to deal with disrupting factors, economic
losses for farming and rural communities, and
increased food prices and greater food
insecurity.
(x) Labor.--Impact of increased
temperatures on workers, particularly those in
high-risk industries where workers are doing
physical labor and have a direct exposure to
outdoor temperatures, and workers with limited
labor protections such as incarcerated workers
and undocumented and immigrant workers,
preparing for and providing adequate
protections for disaster recovery workers as
the frequency of climate disasters increases,
financial and economic disruption resulting in
labor market shifts and potential job losses,
and economic impact of disasters and long-term
climate shifts on businesses, workers and local
economies.
(xi) Education.--Activities focused on
minimizing disruptions to educational systems,
addressing disparate impacts of heat and other
climate impacts on student achievement and
learning, ensuring the physical safety and
psychosocial well-being of students and
teachers, planning for the use of schools as
shelters during climate disasters,
strengthening the infrastructure of school
buildings, revising curricula to ensure that
the public is well-educated and informed to be
prepared for the risks posed by climate change,
and creating new programs to ensure that
individuals are trained with relevant skills to
contribute to the climate resilience workforce.
(xii) Foreign affairs.--Increased need to
provide foreign aid and assistance, increased
migration, increased conflict, war, famine and
political and economic instability, economic
losses in trade and overseas operations, and
shocks to global supply chains.
(3) Disaster preparedness, recovery, and rebuilding.--
Activities shall include--
(A) preparing for, recovering from, and rebuilding
after climate-related disasters, including--
(i) wildfires and any resulting landslides
and debris;
(ii) extreme precipitation events, storm
surges, and floods;
(iii) hurricanes;
(iv) heat waves and resulting fires;
(v) droughts;
(vi) permafrost thawing; and
(vii) coastal erosion; and
(B) securing the right of communities displaced by
disasters to return and supporting the relocation of
communities located in areas where safe habitation is
no longer possible.
(d) Interim Definition.--In this Act, until the date on which the
Center for the Climate Resilience Workforce defines climate resilience
sectors for the purposes of this Act, the term ``climate resilience
sectors'' shall include the employment sectors described in subsection
(c).
SEC. 8. DISAGGREGATION OF DATA.
With respect to any data collection under this Act, the
disaggregation of data under this Act shall not be required when the
number of program participants in a category is insufficient to yield
statistically reliable information or when the results would reveal
personally identifiable information about a program participant or
would reveal such information when combined with other released
information.
TITLE I--NATIONAL CLIMATE RESILIENCE ACTION PLANNING
SEC. 101. INTERAGENCY WORKGROUP.
(a) Establishment.--The Director of the Office of Climate
Resilience shall convene an interagency workgroup of Federal agencies
for which such agency's mission relates to climate resilience.
(b) Functions.--The interagency workgroup convened under subsection
(a) shall--
(1) inform a national climate resilience action plan that
includes the Federal Government and extends beyond the scope of
the Federal Government; and
(2) develop agency specific climate resilience action
plans.
(c) Composition.--The interagency workgroup convened under
subsection (a) shall include at least 1 representative from, at a
minimum--
(1) the Department of Agriculture;
(2) the Department of Commerce;
(3) the Department of Defense;
(4) the Department of Education;
(5) the Department of Energy;
(6) the Department of Health and Human Services;
(7) the Department of Homeland Security;
(8) the Department of Housing and Urban Development;
(9) the Department of Labor;
(10) the Department of the Interior;
(11) the Department of State;
(12) the Department of Transportation;
(13) the Environmental Protection Agency;
(14) the Council on Environmental Quality;
(15) the Office of the United States Trade Representative;
(16) the Office of Management and Budget; and
(17) the National Economic Council.
SEC. 102. CLIMATE RESILIENCE TASK FORCE.
(a) Establishment.--The Director of the Office of Climate
Resilience shall convene a Task Force of external stakeholders who
possess expertise related to climate resilience to inform a national
climate resilience action plan.
(b) Appointment Process.--
(1) In general.--The Director of the Office of Climate
Resilience shall establish a public nomination and appointment
process for individuals with expertise in the activities
described in section 7(c) of this Act.
(2) Revision of scope.--As the Center for the Climate
Resilience Workforce updates the definition of climate
resilience sectors under section 7 of this Act, the Director
may appoint additional members to, expand the scope of, and
alter the structure of the Task Force as needed to fulfill the
purpose of the Task Force.
(c) Size of Task Force.--The task force shall be comprised of not
less than 20 members. The Director shall appoint as many members as
determined necessary to ensure that the Task Force possesses sufficient
knowledge and expertise to make recommendations of sufficient depth and
breadth to inform the development of a robust national climate action
plan.
(d) Structure of Task Force.--
(1) In general.--The Task Force members shall appoint a
Chair who will serve as the liaison between the Task Force and
the Office.
(2) Committees.--Members of the Task Force shall establish
issue-specific committees to focus on mitigation, preparation
and adaptation, and disaster preparedness, recovery, and
rebuilding activities as described in section 7(c) of this Act.
(e) Qualifications.--Each member of the Task Force shall be
qualified by education, training, or lived, volunteer, or paid work
experience in the activities specified in section 7(c) of this Act to
evaluate information and make recommendations on matters referred to
the Task Force under this Act. Individuals appointed to the Task Force
shall include--
(1) individuals with experience implementing strategies to
achieve absolute reductions in greenhouse gas emissions from
the transportation, electricity generation, industrial,
commercial and residential building and agricultural sectors,
including experience as a community organizer on climate
mitigation issues or a frontline worker in such sectors;
(2) individuals with experience in preparation and
adaptation, including--
(A) workers from care industries, including
healthcare, childcare, elder care, home care and other
related occupations;
(B) community organizers with expertise in disaster
preparedness and recovery and building robust
grassroots community support networks, mutual aid
networks, and emergency hubs;
(C) public sector leaders and employees from
Federal, State, local, and Tribal governments with
experience in administering social safety net programs;
(D) individuals with scientific, technical,
programmatic, and community expertise in implementing
measures to address the risks to each of the
environmental systems mentioned in section 7(c);
(E) individuals with scientific, technical,
programmatic, and community expertise in implementing
measures to address the risks to each of the economic
systems mentioned in section 7(c);
(F) individuals with experience in organized labor
and labor-management partnerships;
(G) individuals with expertise in climate-related
disaster preparedness, response, recovery, and
rebuilding from both the public and private sector; and
(H) emergency managers at local and State
government emergency management offices.
SEC. 103. PROCESS AND OUTCOMES FOR DEVELOPMENT OF NATIONAL CLIMATE
RESILIENCE ACTION PLAN.
(a) Process.--
(1) In general.--The Director of the Office of Climate
Resilience shall convene the following groups to engage in the
development of a national climate resilience action plan:
(A) The Interagency Workgroup established under
section 101 of this Act.
(B) The Climate Resilience Equity Advisory Board
established under section 5 of this Act.
(C) The Climate Resilience Task Force established
under section 102 of this Act.
(D) Labor, worker, and workforce development
stakeholders.
(E) The Center for the Climate Resilience Workforce
established under section 6 of this Act.
(2) Subgroups.--
(A) In general.--The Director may convene subgroups
of the groups convened under paragraph (1) to
facilitate depth of discussion and planning related to
specific issue areas or topics.
(B) Requirement.--In convening a subgroup pursuant
to subparagraph (A), the Director shall ensure that at
least 2 members of the Climate Resilience Equity
Advisory Board are included in such subgroup to ensure
that the knowledge, lived experiences, and priorities
of frontline communities are integrated into decisions
around climate resilience strategies.
(C) Recommendations.--In carrying out functions
under a subgroup convened pursuant to subparagraph (A),
the Climate Resilience Equity Advisory Board may issue
recommendations to any subgroup convened.
(b) Outcomes.--The national climate resilience action plan
developed under this section shall--
(1) detail goals and priority strategies that shall be
taken to achieve a climate resilient nation and include
specific actions, timelines, targets, evaluation metrics, and
stakeholders responsible for implementation and oversight,
including goals, strategies, and actions that--
(A) encompass the entirety of climate resilience;
(B) focus on mitigation, preparation, adaptation,
and disaster recovery and rebuilding activities as
described in section 7(c) of this Act;
(C) prioritize frontline communities; and
(D) address the underlying and systemic factors of
systemic racism, economic inequity, and environmental
degradation and pollution that have led to inequitable
climate risks and impacts;
(2) identify current and projected national workforce needs
to carry out the strategies and actions described in paragraph
(1), including--
(A) the existing jobs, skills, and occupations that
pertain to climate resilience work;
(B) the additional number of jobs that need to be
created to carry out such strategies and actions and
the projected cost of such jobs;
(C) emerging skills and occupations that are needed
and new training requirements to ensure that the United
States has a sufficiently skilled workforce to achieve
climate resilience;
(D) strategies to achieve racial and gender equity
in job creation and training, including strategies to
ensure equity and prioritization in training and hiring
members of frontline communities and populations facing
barriers to employment; and
(E) future projections for growth of the climate
resilience workforce, including demand data by job,
skill, and occupation; and
(3) identify regional variation in risks, strategies, and
workforce needs.
(c) Consultation of Resources.--In developing the national climate
resilience action plan under this section, the groups convened under
subsection (a)(1) may consult the following resources to inform the
identification of strategies and actions under subsection (b):
(1) Studies and policy guidance drafted by frontline
communities and advocates, including--
(A) the People's Orientation for a Regenerative
Economy;
(B) Movement for Black Lives policy guidance;
(C) Gulf South for a Green New Deal policy
platform;
(D) Equitable and Just National Climate platform;
(E) various platforms of the BlueGreen Alliance;
(F) United States Climate Action Network's vision
for equitable climate action; and
(G) Union of Concerned Scientists climate
resilience framework.
(2) Governmental and intergovernmental data, reports,
studies, and tools, including--
(A) the reports of the Intergovernmental Panel on
Climate Change;
(B) the United States Global Change Research
Program's 4th National Climate Assessment;
(C) the United States Climate Resilience Toolkit;
(D) Center for Climate and Energy Solutions
Resilience Portal;
(E) various platforms of Resilience Force; and
(F) Bureau of Labor Statistics and United States
Energy and Employment report data, including data on
gender, race, ethnicity, and union representation.
(d) Consultation of Stakeholders.--In convening the groups under
subsection (a)(1) to identify current and projected national workforce
needs under subsection (b)(2)--
(1) labor, worker, and workforce development stakeholders
shall be consulted to provide input and recommendations on
labor, worker, workforce development, and training needs; and
(2) the Climate Equity Advisory Board shall be consulted to
identify the skills and sectors of priority for frontline
communities.
(e) Report to Congress.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Director shall submit to Congress a
progress report on the development of a national climate
resilience action plan.
(2) Report of director.--Not later than 2 years after the
date of enactment of this Act, the Director shall submit to
Congress a copy of the national climate resilience action plan
developed under this section.
(3) Reporting requirement.--Not later than 1 year after the
date of the submission of the national climate resilience
action plan under paragraph (1), and each year thereafter, the
Office of Climate Resilience shall submit to Congress a report
describing the progress towards achieving climate resilience
described in such plan.
(f) Revision.--Not later than once every 5 years after the date on
which the national climate resilience action plan is submitted under
subsection (e)(1), the groups convened under subsection (a)(1) shall
update such plan.
SEC. 104. FEDERAL AGENCY CLIMATE RESILIENCE ACTION PLANS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the head of each Federal agency shall submit to the
Director a progress report on the development of agency-specific
climate action plans.
(b) Development.--Not later than 2 years after the date of
enactment of this Act, the head of each Federal agency shall develop a
climate resilience action plan for such agency that details the actions
that each Federal agency shall take to support national climate
resilience.
(c) Contents.--Each agency climate resilience action plan developed
under subsection (a) shall--
(1) align with the goals and strategies of the national
climate resilience action plan developed under section 103;
(2) include agency-specific targets and evaluation metrics,
in line with the plan's general goals, strategies, targets, and
evaluation metrics;
(3) detail the changes that the agency will make to any
existing activities that threaten climate resilience and any
new activities the agency will take to support climate
resilience;
(4) detail how the agency will integrate climate resilience
into current or future agency strategic plans;
(5) list clear actions the agency will take, the entities
responsible for such actions, and timelines for implementation;
(6) be developed in consultation with labor, worker, and
workforce development stakeholders;
(7) ensure that frontline communities are prioritized in
each agency's efforts towards climate resilience;
(8) be reviewed by the Climate Resilience Equity Advisory
Board and either incorporate, or provide justification for
excluding, any recommendations made by the Board;
(9) build on any existing agency climate adaptation and
sustainability plans;
(10) reflect the definition of climate resilience under
this Act;
(11) ensure resilience of the agency in the face of climate
change risks to ensure the agency's ability to accomplish its
mission and protect the value of its assets and people;
(12) include current and projected Federal workforce needs,
including necessary skills and training, to carry out the
actions outlined in the plan;
(13) highlight limitations in statutory authority, resource
constraints, data gaps, and personnel training needs that are
hindering the agency's ability to fully undertake the
activities needed to support climate resilience;
(14) be submitted to the appropriate committees of
jurisdiction within the House of Representatives and Senate not
later than 2 years after the date of enactment of this Act to
allow Congress to act accordingly to--
(A) provide funding and to ensure Federal agencies,
departments, and offices have adequate resources to
carry out the activities outlined in the agency plan;
(B) support existing jobs, create new jobs, and
support personnel training that are critical to the
Federal Government's activities to support climate
resilience;
(C) conduct oversight to ensure each agency is
carrying out the plan for such agency; and
(D) address limitations in statutory authority
through legislation; and
(15) be revised not less frequently than every 5 years.
(d) Responsibilities of the Office of Climate Resilience.--In
carrying out this section, the Office of Climate Resilience shall--
(1) not later than 90 days after the date of enactment of
this Act, develop and issue specific guidelines for planning;
(2) compile each plan developed by each Federal agency
under this section into a cohesive Federal Government climate
resilience action plan;
(3) select the agency that has made the greatest
contributions to climate resilience to receive an annual award,
that shall include additional funding to carry out climate
resilience work; and
(4) provide technical assistance, coordination, and support
for agencies in carrying out each agency's action plan
developed under this section.
(e) Consultation of Resources.--In developing an action plan under
this section, a Federal agency may consult--
(1) the United States Council on Climate Preparedness and
Resilience's 2016 report titled ``Opportunities to Enhance the
Nation's Resilience to Climate Change'';
(2) the 2014 recommendations from the State, Local, and
Tribal Leaders Task Force on Climate Preparedness and
Resilience;
(3) Executive Order 13514, ``Federal Leadership in
Environmental, Energy and Economic Performance'';
(4) Executive Order 13653, ``Preparing the United States
for the Impacts of Climate Change''; and
(5) the Climate and Natural Resource Working Group (CNRWG),
Priority Agenda: ``Enhancing the Climate Resilience of
America's Natural Resources'', Washington, DC, Council on
Climate Preparedness and Resilience, 2014.
TITLE II--STATE, TRIBAL, LOCAL, AND COMMUNITY CLIMATE RESILIENCE ACTION
PLANNING
SEC. 201. CLIMATE RESILIENCE PLANNING GRANTS.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Director of the Office of Climate Resilience
shall establish a Climate Resilience Planning grant program
(hereinafter referred to as the ``grant program'').
(b) Purpose.--The purpose of the grant program is to support
States, Tribes, localities, regional groups, nonprofit organizations,
and community groups in conducting climate change risk assessments and
developing climate resilience action plans.
(c) Eligibility.--The following entities are eligible for a grant
under this section:
(1) State governments.
(2) Tribal governments.
(3) Local governments.
(4) Regional governmental groups.
(5) Nonprofit organizations.
(6) Grassroots community groups that partner with a fiscal
sponsor that is exempt from taxation under section 501(c)(3) of
the Internal Revenue Code of 1986.
(d) Initial Applications.--Not later than 120 days after the date
of enactment of this Act, the Director shall publish a request for
applications for a grant under this section.
(e) Application Requirements.--To be eligible for a grant under
this section, an applicant shall submit to the Director an application
at such time, in such manner, and containing such information as the
Director may require, including, at a minimum--
(1) a certification that such applicant has formed an
advisory board that--
(A) has majority representation from frontline
communities;
(B) has at least 1 individual who possesses
scientific knowledge or experience in conducting risk
assessments pertaining to climate change;
(C) has labor, worker, and workforce development
stakeholders, including at least 1 representative of a
labor union and 1 individual representing populations
facing barriers to employment; and
(D) allows advisory board members to receive
compensation for participation on such board if it is
determined that the individual serving would incur
financial hardship or otherwise be unable to
participate without such compensation;
(2) details on the population represented by the entity,
including demographic information on population size, income,
race, education level, and primary sectors of employment;
(3) reasons for seeking grant funding to support climate
resilience planning;
(4) details on advisory board members including name,
organizational affiliation (if applicable), qualifications, and
letters of support from 3 local community-based nonprofit
organizations verifying the accuracy of the information
presented;
(5) a list of the stakeholders that will be involved in the
planning process;
(6) details on how the advisory board will be incorporated
into the planning process;
(7) the identity of the individual who will lead the
planning process and whether an external entity will be hired
to facilitate the planning process;
(8) the expected timeline for how long the planning process
is expected to take;
(9) expected data sources for local employment and worker
data;
(10) a community engagement plan detailing--
(A) steps that will be taken to ensure that
frontline communities are informed about the planning
process; and
(B) accommodations that will be made to ensure that
such groups have the opportunity to participate in the
planning process and provide public comment before the
plan is finalized; and
(11) a detailed budget for the planning process.
(f) Prioritization.--Grants under this section will be prioritized
for proposals submitted by entities that represent frontline
communities.
(g) Eligible Use of Funds.--A grant under this section may be used
for--
(1) compensation for advisory board members;
(2) facilitation costs;
(3) materials and supplies;
(4) community engagement and outreach expenses; and
(5) compensation for technical assistance or support.
(h) Grant Duration.--A grant under this section shall be for a
period of 2 years, unless the Director extends such period.
(i) Federal Share.--The Federal share of the costs of an activity
carried out using a grant under this section shall be 100 percent.
(j) Resource Consultation.--Entities receiving a grant under this
section may consult with the resources described in section 103(c) of
this Act to carry out planning efforts under this section.
(k) Planning Requirements.--Entities shall ensure that plans meet
the following requirements:
(1) Using data, assess how climate change will create new,
or alter current climate related risks, and how such risks are
distributed within and across natural ecosystems and human
communities, including--
(A) with respect to human communities, risks should
be assessed by geography, race, ethnicity,
socioeconomic status, health and other demographic and
social factors; and
(B) with respect to natural ecosystems, risks
should be assessed by geography, species and ecosystem
services.
(2) Identify natural species, ecosystem services and human
populations that face disproportionate risks and impacts of
climate change, including--
(A) with respect to human populations, identifying
risks due to historic and ongoing systemic racism,
economic inequity, and environmental degradation and
pollution; and
(B) with respect to natural species and ecosystem
services, identifying risks due to environmental
degradation, pollution and other anthropogenic impacts.
(3) Identify goals and priority strategies, specific
actions, targets, timelines, and evaluation metrics to achieve
a climate resilient community that shall--
(A) encompass the full definition of climate
resilience to include strategies pertaining to
mitigation, preparation and adaptation, and disaster
preparedness, recovery, and rebuilding;
(B) prioritize frontline communities;
(C) address the underlying and systemic factors of
systemic racism, economic inequity, and environmental
degradation and pollution that have led to inequitable
climate risks and impacts; and
(D) align with the goals, strategies, actions,
targets and evaluation metrics detailed in the National
Climate Resilience Action plan, if available.
(4) Identify stakeholders responsible for implementation
and oversight.
(5) Government entities must involve every relevant agency
or office in the planning process and detail the actions each
agency or office will take as relevant to the agency or
office's mission to protect the jurisdiction from identified
risks.
(6) The advisory board must be meaningfully included and
consulted in the development of the plan and offer
recommendations.
(7) Identify workforce needs to implement the climate
resilience strategies and actions identified in the plan, per
the requirements in section 103(b)(2) of this Act.
TITLE III--CLIMATE RESILIENCE WORKFORCE GRANTS
SEC. 301. JOB CREATION GRANTS.
(a) In General.--Not later than 90 days after the date of enactment
of this Act, the Director of the Office of Climate Resilience shall, in
coordination with the Secretary of Labor, establish a Climate
Resilience Job Creation grant program.
(b) Purpose.--The purpose of the grant program established under
this section shall be to fund projects to be carried out by eligible
entities for the purpose of--
(1) creating local jobs to build the nation's climate
resilience workforce;
(2) implementing the strategies, actions, and projects laid
out in climate resilience action plans that meet the criteria
specified in section 201(k) of this Act; and
(3) halving unemployment by creating 1,000,000 jobs
annually that last not less than 4 years and provide benefits,
pathways to family-sustaining careers, a living wage, worker
safety and voice to United States workers.
(c) Eligibility.--
(1) In general.--An entity may be eligible for a grant
under this section if such entity--
(A) is a State, Tribe, locality, regional group,
nonprofit organization, labor organization and labor-
management organization, or community group; and
(B) includes in the application a climate
resilience action plan that--
(i) has been approved under section 201(k)
of this Act; or
(ii) meets the requirements for a plan in
such section.
(2) Prior grant.--An entity may be eligible under paragraph
(1) regardless of whether the entity received a grant under
section 201 of this Act.
(d) Priority.--The Director shall prioritize grant funding for any
entity that--
(1) represents a frontline community;
(2) demonstrates a history of or commitment to hiring
graduates of--
(A) the programs funded by the workforce
development training grants in section 302; or
(B) any pre-apprenticeship or registered
apprenticeship program;
(3) commits to ensuring that at least 40 percent of jobs
created under a grant under this section will be held by
individuals from--
(A) frontline communities; and
(B) populations facing barriers to employment;
(4) proposes a project that serves a frontline community;
or
(5) demonstrates strong support from a frontline community.
(e) Requirements.--An entity carrying out a project funded under
this section shall do the following:
(1) Support or create climate resilience jobs specified in
local climate resilience action plans.
(2) Support or create jobs that meet the labor standards
specified in title IV.
(3) Eliminate barriers to employment as specified in title
V.
(f) Applications.--The Director shall require an eligible entity to
submit an application that includes--
(1) a description of the applicant's plan to meet the
requirements for priority under subsection (d);
(2) an attestation that the applicant will adhere to the
minimum labor standards specified in section 401, and provide
the Director at such time, in such manner, and containing such
information as the Director may reasonably require, to
demonstrate compliance with the requirements under section
401(a)(3);
(3) a plan to report to the Office aggregate data on the
sustainable jobs with community supporting wages supported by
grant funding and demographic statistics of jobs created,
disaggregated by gender, race, age, education level, and number
of sustainable jobs with community supporting wages hired from
frontline communities and populations facing barriers to
employment; and
(4) a detailed budget for positions to be supported by the
grant.
(g) Reporting.--Not later than 6 months after receipt of a grant
under this section, and every 6 months thereafter until the termination
of such grant, the recipient of such grant shall submit to the Director
a report that includes--
(1) aggregate data on workers and demographic statistics of
jobs created under this section, including--
(A) the number of workers hired;
(B) non-identifying data on the race, gender, and
ZIP Code for workers hired; and
(C) the wages and benefits paid in those jobs
including income broken out by race and gender, other
benefits provided to persons employed in those jobs,
broken out by race and gender, weekly hours worked by
workers employed through jobs created, and, if jobs are
time-limited, duration of employment;
(2) progress on the climate resilience projects, strategies
and actions being implemented by workers in relation to
timelines laid out in plan;
(3) expenditures to date; and
(4) plan for securing other funds to support the jobs
supported or created by this grant.
(h) Grant Duration.--A grant under this section may be terminated
with 30 days notice if the grantee--
(1) has failed to meet the labor and employment baseline
requirements of this bill; or
(2) has had more than one substantiated complaint against
them for a violation of a provision under the jurisdiction of
the National Labor Relations Board, Equal Employment
Opportunity Commission, Wage and Hour Division, Department of
Justice's Civil Rights Division, Occupational Safety and Health
Administration, Department of Labor's Climate Resilience
Workers Commission or the Environmental Protection Agency.
(i) Request for Applications.--Not later than 120 days after the
date of enactment of this Act, the Office shall publish a request for
applications for grants under this section.
SEC. 302. WORKFORCE DEVELOPMENT TRAINING AND HIRING GRANTS.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Director of the Office of Climate Resilience
shall, in coordination with the Secretary of Labor, establish a Climate
Resilience Workforce Development, Apprenticeship and Pre-Apprenticeship
Grant Program.
(b) Purpose.--The purpose of the grant program is to provide funds
to eligible entities to--
(1) establish new apprenticeship, pre-apprenticeship and
workforce development programs that prepare workers to
immediately train for and access jobs created through section
301 of this Act;
(2) maintain or expand existing apprenticeship, pre-
apprenticeship and workforce development programs that provide
training for climate resilience industries, jobs, and career
paths;
(3) support national industry and equity intermediaries in
establishing or expanding sector-based partnerships and labor-
management partnerships to support the delivery or expansion of
climate resilience-related programs under the national
apprenticeship system to significant scale in the United
States;
(4) provide direct financial assistance to apprentices,
pre-apprentices, or youth apprentices through emergency grants
to support their financial needs to enter, remain enrolled in,
and complete such programs, such as support for the related
costs of supplies and equipment, courses, transportation, child
care, and housing;
(5) establish or expand partnerships with organizations
that provide program participants access to financial planning,
mentoring, and supportive services that are necessary to enable
an individual to participate in and complete a program under
the national apprenticeship system or the national workforce
development system;
(6) conduct targeted outreach and recruitment to frontline
communities and populations facing barriers to employment;
(7) provide training services and workforce investment
activities that expand the climate resilience workforce;
(8) assist workers to obtain interim credentials and
recognized post-secondary credentials that build proficiency
for climate resilience-related careers;
(9) provide assistance in creating and obtaining
accreditations and licenses that demonstrate proficiency or
specialized skills related to climate resilience careers; and
(10) carry out the activities described in section 601(a)
of this Act.
(c) Eligible Entities.--The following entities are eligible to
apply for a grant under this section:
(1) A State workforce development board or State workforce
agency, a local government, or a local workforce development
board or local workforce development agency.
(2) An education and training provider.
(3) A State apprenticeship agency.
(4) An Indian Tribe or Tribal organization.
(5) An industry or sector partnership, a group of
employers, a trade association, or a professional association
that sponsors or participates in a program under the national
apprenticeship system.
(6) A Governor of a State.
(7) A labor organization or joint labor-management
organization.
(8) A qualified intermediary.
(9) A nonprofit organization.
(10) A co-operative.
(11) A public institution of higher education at which the
highest degree that is predominantly awarded to students is an
associate's degree, including 2-year tribally controlled
colleges under section 316 of the Higher Education Act (20
U.S.C. 1059c) and public 2-year State institutions of higher
education.
(12) A consortium or partnership among any of the entities
under this subsection.
(d) Requirements.--
(1) In general.--A recipient of a grant under this section
shall use such funds to do the following:
(A) Train individuals to work in climate resilience
jobs with community supporting wages specified in local
climate resilience plans or for climate resilience
disaster recovery and rebuilding jobs, including
through pre-apprenticeship or apprenticeship programs.
(B) Provide job placement assistance.
(C) Develop a plan to publish aggregate demographic
statistics for program entrants and graduates.
(D) Provide wraparound support services to
eliminate barriers to employment, as relevant to the
specific populations served by the program, including
case management assistance, stipends, tools, and
equipment or other support needed for success in
completing the training and in subsequent employment.
(2) Partnerships.--A recipient of a grant under this
section may partner with other eligible entities to ensure that
the activities under paragraph (1) are carried out.
(e) Priority Considerations.--Priority shall be given to an
eligible entity that--
(1) demonstrates success serving populations facing
barriers to employment and frontline communities;
(2) is a partnership among 2 or more eligible entities;
(3) is a joint labor-management organization; and
(4) provides a wide and flexible range of supportive
services to participants including direct financial assistance,
quality childcare services, housing assistance, case
management, and other assistance that successfully addresses
barriers to program completion.
(f) Grant Duration.--
(1) In general.--A grant under this section shall last for
a period of 5 years.
(2) Renewal.--The Director may renew grants under this
section as the Director determines appropriate.
(g) Prohibition on Use of Funds.--No funds under this section may
be used--
(1) to carry out an industry recognized apprenticeship
program that is not an apprenticeship program under section 3
of this Act; or
(2) to recognize a program described in paragraph (1).
(h) Federal Share.--Not later than 120 days after the date of
enactment of this Act, the Office shall publish a request for
applications that, at minimum, reflects the above requirements. There
shall be no matching requirement for grants.
(i) Reporting.--Not later than 6 months after receipt of a grant
under this section, and every 6 months thereafter until termination of
such grant, the recipient of such grant shall submit to the Director a
report that includes aggregate demographic statistics for program
entrants and graduates, rates of program completion and job placement,
and demographics of populations enrolled in and completing the program,
including rates of recruitment, program completion and job placement
for populations facing barriers to employment.
SEC. 303. VIRTUAL TECHNICAL ASSISTANCE AND CAPACITY BUILDING.
(a) Technical Assistance.--
(1) In general.--The Director shall provide virtual and
remote technical assistance support to entities that seek to
apply for the grant programs specified in sections 201, 301,
and 302 and require assistance navigating the Federal grants
process and that are--
(A) a community-based nonprofit organization with
fewer than 20 employees;
(B) a grassroots community group;
(C) a co-operative;
(D) a Tribal government or Tribal organizations; or
(E) a locality with a population of not greater
than 50,000.
(2) Letter of intent.--Entities seeking technical
assistance support with the grant application process must
submit a letter of intent to the Office detailing the grant for
which they wish to apply, along with proof of tax-exempt
501(c)(3) status, worker co-op status or proof of population
size of municipality.
(3) Recruitment.--Not later than 90 days after the date of
enactment of this Act, the Director shall hire and train full
time employees to carry out paragraph (1).
(4) Phone or web conference assistance.--Technical
assistance support may be provided by phone or web
conferencing.
(b) Capacity Building.--
(1) In general.--The Director may provide entities seeking
to apply for grants under sections 201, 301, and 302 up to 10
percent of grant funds to build the capacity of the
organization to apply for Federal grants, conduct the
administrative and financial management of grants, and conduct
necessary reporting.
(2) Requirement.--An entity seeking funds under paragraph
(1) must include in the letter of intent under subsection
(a)(2) a statement of need for capacity building support in
their application and reflect expected expenses in the budget
submitted with the application.
TITLE IV--LABOR STANDARDS AND ENFORCEMENT
SEC. 401. MINIMUM LABOR STANDARDS FOR CLIMATE RESILIENCE WORKERS.
(a) Entities Funded Through Grant Programs Created by This Act.--
(1) In general.--Notwithstanding any other provision of
law, an entity that, directly or indirectly, receives funds
under section 301 or 302, without regard to the form or type of
Federal assistance provided under such section or part, shall
comply with labor standards under this section.
(2) Monitoring compliance.--Not later than 90 days after
the date of enactment of this Act, the Director, in
coordination with the Secretary, shall--
(A) develop a process to monitor compliance with
the labor standards specified in this section,
including coordination with the Climate Resilience
Workers Commission, that requires entities receiving
funding through the grant program established in
section 301 to provide information to demonstrate
compliance at any time during the grant period;
(B) issue rules to determine penalties for
noncompliance; and
(C) notify the Office of any entity that is
determined to be noncompliant.
(3) Labor standards requirements.--The Director shall
require an entity, as a condition of eligibility to receive
funding under sections 301 to satisfy each of the following
requirements:
(A) The entity shall ensure that--
(i) all laborers and mechanics employed on
projects funded directly, or assisted in whole
or in part, by this Act shall be paid wages at
rates not less than those prevailing on
projects of a character similar in the locality
as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of
part A of subtitle II of title 40, United
States Code (commonly referred to as the
``Davis-Bacon Act'');
(ii) all individuals employed using funds
under this Act in the manufacture or furnishing
of materials, supplies, articles, or equipment
under the contract will be paid wages at rates
not less than employees performing similar work
or in the particular or similar industries or
groups of industries currently operating in the
locality in which the materials, supplies,
articles, or equipment are to be manufactured
or furnished as determined by the Secretary of
Labor in accordance with sections 6501 through
6511 of title 41, United States Code (commonly
referred to as the ``Public Contracts Act'');
and
(iii) all individuals employed in the
various classes of service employees using
funds under this Act are paid wages at rates
not less than the employees performing similar
work in the locality as determined by the
Secretary under chapter 67 of title 41, United
States Code (commonly known as the ``Service
Contract Act'').
(B) In the case of any project for which the total
cost exceeds $25,000,000, the entity shall be a party
to, or require contractors and subcontractors in the
performance of such project to be a party to a covered
project labor agreement.
(C) The entity, and all contractors and
subcontractors in performance of any project, shall
represent in the application submitted under sections
301 of this Act (and periodically thereafter during the
performance of the project as the Director may require)
whether there has been any administrative merits
determination, arbitral award or decision, or civil
judgment, as defined in guidance issued by the
Director, rendered against the entity in the preceding
3 years (or, in the case of disclosures after the
initial disclosure, during such period as the Director
may provide) for violations of--
(i) the Fair Labor Standards Act of 1938
(29 U.S.C. 201 et seq.);
(ii) the Occupational Safety and Health Act
of 1970 (29 U.S.C. 651 et seq.);
(iii) the Migrant and Seasonal Agricultural
Worker Protection Act (29 U.S.C. 1801 et seq.);
(iv) the National Labor Relations Act (29
U.S.C. 151 et seq.);
(v) subchapter IV of chapter 31 of title
40, United States Code (commonly referred to as
the ``Davis-Bacon Act'');
(vi) chapter 67 of title 41, United States
Code (commonly known as the ``Service Contract
Act'');
(vii) sections 6501 through 6511 of title
41, United States Code (commonly referred to as
the ``Public Contracts Act'');
(viii) Executive Order 11246 (relating to
equal employment opportunity);
(ix) section 503 of the Rehabilitation Act
of 1973 (29 U.S.C. 793);
(x) section 4212 of title 38, United States
Code;
(xi) the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.);
(xii) title VII of the Civil Rights Act of
1964 (42 U.S.C. 2000e et seq.);
(xiii) the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.);
(xiv) the Age Discrimination in Employment
Act of 1967 (29 U.S.C. 621 et seq.);
(xv) sick leave for Federal contractors
Executive order;
(xvi) leave provided under section 5102 of
the Emergency Paid Sick Leave Act (29 U.S.C.
2601 note);
(xvii) Executive Order 14026 (relating to
the minimum wage for Federal contractors); or
(xviii) State laws with protections
equivalent to the protections listed under this
subparagraph, as defined in guidance issued by
the Secretary of Labor not later than 90 days
after the date of enactment of this Act.
(D) The entity, and all contractors and
subcontractors in the performance of the project, may
not require arbitration for any dispute involving an
employee described in subparagraph (E) engaged in a
service for the entity or any contractor and
subcontractor, or enter into any agreement with such
employee requiring arbitration of any such dispute,
unless such employee is covered by a collective
bargaining agreement that provides otherwise.
(E) For purposes of compliance with the National
Labor Relations Act (29 U.S.C. 151 et seq.), the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.),
and the requirements under this section, the entity,
and all contractors and subcontractors in the
performance of any project, shall consider an
individual performing any service in such performance
as an employee (and not an independent contractor) of
the entity, contractor, or subcontractor, respectively,
unless--
(i) the individual is free from control and
direction in connection with the performance of
the service, both under the contract for the
performance of the service and in fact;
(ii) the service is performed outside the
usual course of the business of the entity,
contractor, or subcontractor, respectively; and
(iii) the individual is customarily engaged
in an independently established trade,
occupation, profession, or business of the same
nature as that involved in such service.
(F) The entity shall prohibit all contractors and
subcontractors in the performance of any project from
hiring employees through a temporary staffing agency
unless the relevant State workforce agency certifies
that temporary employees are necessary to address an
acute, short-term labor demand.
(G) The entity shall require all contractors,
subcontractors, successors in interest of the entity,
and other entities that may acquire the entity, in the
performance or acquisition of any project, to have and
abide by an explicit neutrality policy on any issue
involving the exercise by employees of the entity as
described in paragraph (5), and of all contractors and
subcontractors in the performance of any project, of
the right to organize and bargain collectively through
representatives of their own choosing.
(H) Except for persons covered under subparagraph
(A)(1), the entity shall pay persons employed, in whole
or in part, using funds under this Act--
(i) for the 1-year period beginning on the
date of enactment, not less than $15 per hour;
(ii) for each year thereafter, the amount
determined by the Secretary under paragraph
(4).
(4) Increase in minimum wage.--
(A) In general.--The wage determined by the
Secretary under this paragraph shall be equal to the
amount in effect for the previous year--
(i) increased by the annual percentage
increase, if any, in the median hourly wage of
all employees as determined by the Bureau of
Labor Statistics; and
(ii) rounded up to the nearest multiple of
$0.05.
(B) Rule of construction.--Nothing in this section
shall be construed preempt the application of higher
wage scales determined by Federal, State, or municipal
law or regulation or collective bargaining agreements.
(5) Additional worker rights.--The following provisions
shall apply with respect to any individual employed using funds
under section 301:
(A) Private right of action for violations.--
(i) In general.--Any employer who violates
the provisions of section 401(a)(3) or
subparagraph (B) or (E) shall be liable to the
employee or employees affected in the amount
of--
(I) unpaid minimum wages or their
unpaid overtime compensation, as the
case may be;
(II) an additional equal amount as
liquidated damages, back pay,
compensatory damages, and punitive
damages, as the Secretary determines
appropriate; and
(III) such legal or equitable
relief as may be appropriate to
effectuate the purposes of these
sections, including without limitation
employment, reinstatement, promotion,
and the payment of wages lost and an
additional equal amount as liquidated
damages.
(ii) Private right.--An action to recover
the liability prescribed in clause (i) may be
maintained against any employer (including a
public agency) in any Federal or State court of
competent jurisdiction by any one or more
employees for and in behalf of themself,
themselves and other employees similarly
situated. The court in such action shall, in
addition to any judgment awarded to the
plaintiff or plaintiffs, allow a reasonable
attorney's fee to be paid by the defendant, and
costs of the action.
(iii) Enforcement by the secretary.--The
Secretary may bring an action in any court of
competent jurisdiction to recover damages
described in clause (i).
(B) Whistleblower protections.--It shall be
unlawful for any person to discharge or in any other
manner discriminate against any employee because such
employee has filed any complaint or instituted or
caused to be instituted any proceeding under or related
to this chapter, or has testified or is about to
testify in any such proceeding, or has served or is
about to serve on an industry committee.
(C) Joint and several liability.--Each entity,
including grantees, contractors and subcontractors,
will be joint and severally liable for all violations
of minimum labor standards under this title, regardless
of current regulations and court decisions related to
standards for joint employment. It shall not be a
defense that the work was subcontracted.
(D) Health insurance requirement.--In the case of
an absence of a collective bargaining agreement, the
minimum health insurance requirement for workers under
this title is fully employer-paid health insurance
coverage that at least meets the level of a Silver plan
as defined by the Affordable Care Act.
(E) Leave provisions.--Paid vacation, paid
holidays, sick leave, and family leave in an amount
equivalent to that received by comparably employed
Federal employees and safe leave equivalent to
subsection (b)(2) shall be provided to each worker,
depending upon the years of employment with the entity.
(6) Union representation.--
(A) In general.--No employer shall receive funds
under this Act unless employees who perform or will
perform work funded under this Act (including employees
of an entity with which the employer contracts for the
performance of work funded under this Act) are
represented for purposes of collective bargaining by a
labor organization.
(B) Exception.--The restriction under subparagraph
(A) shall not apply if--
(i) the employer certifies that such
employees are covered by a labor harmony
agreement or that no labor organization
represents or has expressed interest in
representing such employees;
(ii) no employee has expressed interest in
representation by a labor organization;
(iii) the Department of Labor publishes the
certification required under clause (i); and
(iv) after a reasonable period of not less
than 90 days following the publication under
clause (ii), no labor organization disputes the
certification and the employer again certifies
that such employees are covered by a labor
harmony agreement or that no labor organization
represents or has expressed interest in
representing such employees for the purposes of
collective bargaining.
(C) Restriction.--No such employee may be compelled
to become a member of a labor organization as a
condition of employment.
(D) Funding restriction.--The restriction under
subparagraph (A) shall be both a prerequisite to
receiving funds and an ongoing condition of receiving
funds, except in cases in which a majority of such
employees vote pursuant to section 9 of the National
Labor Relations Act (29 U.S.C. 159) to decertify an
incumbent labor organization representative during the
course of funded work.
(E) Labor harmony agreement defined.--In this
paragraph, the term ``labor harmony agreement'' means a
written agreement between an employer and a labor
organization representing, or seeking to represent,
employees that contains, at a minimum, a provision
prohibiting the labor organization and its members from
engaging in any work stoppage or other economic
interference with the employer's funded operations for
the duration of the funded work.
(b) Federal Employment Established Under This Act.--Any Federal
Government position established under this Act shall be a position in
the competitive service and classified under the General Schedule at a
level not less than step 1 of GS-04.
(c) Workers Hired Through Other Federal Funding Streams.--Entities
hiring workers via the Federal funding streams noted in section
402(c)(1) may be eligible to apply for the Good Climate Resilience Jobs
Grant program if they agree to adhere to the minimum labor standards
outlined in this section.
(d) National Emergencies.--Eligible entities shall not fail to
comply with the standards put forth in this title even in case of
natural disaster or other national emergency. Suspensions of worker
protections including but not limited to suspensions of section 1 of
the Davis-Bacon Act of March 3, 1931 (46 Stat. 1494, as amended, 40
U.S.C. 3147) shall not constitute permissible circumstances for failure
by eligible entities to comply with this title.
(e) Application of Other Law.--For purposes of any job created
using funds provided under this Act, the requirements of section
22.1803 of title 48, Code of Federal Regulations, shall not apply.
SEC. 402. GOOD CLIMATE RESILIENCE JOBS GRANT PROGRAM.
(a) Establishment.--Not later than 90 days after the enactment of
this Act, the Department of Labor Secretary shall establish a Good
Climate Resilience Jobs Grant program.
(b) Purpose.--The purpose of the grant program is to incentivize
entities receiving Federal funds from existing Federal programs that
fund climate disaster recovery and rebuilding activities to adhere to
the minimum labor standards outlined in section 401 in employing
workers hired using Federal funds.
(c) Eligibility.--
(1) Entities receiving Federal funds from the following
programs are eligible to apply for the Good Climate Resilience
Jobs Grant program:
(A) Community Development Block Grant of the
Department of Housing and Urban Development, including
but not limited to amounts appropriated for disaster
relief.
(B) National Flood Insurance Program.
(C) Federal Highway Emergency Funds.
(D) United States Army Corps of Engineers Disaster
Relief Funds.
(E) The Infrastructure and Communities Grant
Program of the Federal Emergency Management
Administration.
(F) The Coastal Resilience Grant Program of the
National Oceanic and Atmospheric Administration.
(2) Entities that attest that they are applying for or
currently receiving Federal funds through the grant programs
named in subsection (c)(1) shall be eligible for a matching
grant of up to the full amount received through the programs
named in subsection (c)(1).
(3) Entities must be wiling to submit to Department of
Labor any information requested to verify that the entity is
complying with the minimum labor standards outlined in section
401 of this Act.
(4) Entities may use matching funds for the following
purposes:
(A) Payment of the non-Federal share required in
connection with a Federal grant-in-aid program
undertaken as part of the programs listed in subsection
(c)(1).
(B) Payment of the premium for the National Flood
Insurance Program.
(C) For the projects for which entities have
received funding through the grant programs named in
subsection (c)(1).
(d) Notification.--Not later than 90 days after the enactment of
this Act, the Secretary of Housing and Urban Development, Federal
Emergency Management Administrator, Secretary of Department of
Transportation, the Administrator of the National Oceanic and
Atmospheric Administration, and Director of the United States Army
Corps must amend the application processes pertaining to the programs
named in subsection (c)(1) to include information about the Good
Climate Resilience Jobs Grant program. Existing applicants and
recipients to the programs listed in subsection (c)(1) shall be
notified of the grant program and given the opportunity to apply with
60 days of notification.
(e) Grant Process, Compliance and Enforcement.--
(1) In general.--The Department of Labor Secretary shall
establish processes for reviewing grant applications, notifying
applicants of award decisions, administering grant funds,
verifying compliance with the minimum labor standards outlined
in section 401 of this Act, and penalties for noncompliance.
(2) Maintenance of records.--The Administrator of the
Federal Emergency Management Agency shall direct companies
participating in the Write Your Own Program to maintain records
pertaining to the labor standards outlined in section 401 of
this Act for all workers hired using National Flood Insurance
Program funds.
SEC. 403. CLIMATE RESILIENCE WORKERS COMMISSION.
(a) Establishment.--Not later than 90 days after the date of
enactment of this Act, the Secretary of the Department of Labor shall
establish a Climate Resilience Workers Commission within the Office of
the Secretary.
(b) Authority.--The Commission shall be authorized to--
(1) identify whistleblower procedures that will most
effectively allow climate resilience workers to identify
violations of Federal, State, and local labor and employment
laws, and to report those violations and seek investigation,
redress and compensation without suffering retaliation;
(2) identify, recommend and implement a practice by which
to provide warnings to entities in violation of minimum labor
standards and workers' rights, to notify the Office of the
Secretary of any entities that violate standards and rights,
and make recommendations on penalties and transfer of grant
funding, jobs, and workers funded through noncompliant entities
to other eligible entities without any job loss for climate
resilience workers;
(3) collaborate with divisions and offices within the
Department of Labor to identify ways by which to promote,
enforce, improve, and expand applicable worker protections;
(4) make recommendations on regulations and subregulatory
guidances;
(5) convene climate resilience stakeholders for meetings
and forums, including the Climate Resilience Worker Safety
Committee program described in section 601(d)(2);
(6) operate cross-agency task forces in order to pursue the
goals and standards of this Act; and
(7) engage in such other actions as may be under the
authority of the Department of Labor to pursue the goals of
this Act.
(c) Commission Membership.--
(1) Chair.--The Chair of the Commission will be appointed
by the Secretary.
(A) Members.--The Commission shall be composed of
not less than 20 additional individuals, selected by
the Chair of the Commission from nominees proposed
pursuant to subparagraph (B), as follows:
(i) Not less than 10 members shall be
individuals who are members of frontline
communities.
(ii) Not less than 8 members shall be
individuals who are members of, or advocate on
behalf of, or both, populations facing barriers
to employment.
(iii) The Commission shall include a broad
and representative group of labor, worker and
workforce development stakeholders.
(iv) The Commission shall include
representatives from relevant Federal agencies
including the Department of Labor's
Occupational Safety and Health Administration
and Wage and Hour Division, the Department of
Homeland Security's United States Citizenship
and Immigration Services and Federal Emergency
Management Agency, the Department of Justice,
and the Equal Employment Opportunity
Commission.
(B) Nomination.--Nominees for members of the
Commission shall be proposed by any grantee or
subgrantee under this Act.
(C) Report.--Upon selection of members of the
Commission, the Commission shall submit a report to
Congress identifying the members selected and
demonstration of compliance with the provisions of this
subsection.
(D) Terms.--Members of the Commission shall serve
terms of 2 years.
(2) Meetings.--The Commission shall meet in person not less
often than twice each year.
(3) Compensation.--The Secretary shall establish guidelines
and a process for providing compensation to individuals who
would otherwise not be able to participate or who would
experience financial hardship without such compensation.
(4) Rule of construction.--The agencies implementing this
Act shall construe this Act in a manner that facilitates and
encourage the full participation of Commission members and
shall consider the barriers faced by frontline communities and
populations facing barriers to employment and shall endeavor to
overcome such barriers to participation.
(5) Applicability of faca.--Section 14 of the Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply with
respect to the Commission.
SEC. 404. WORKERS EMPLOYED USING STAFFORD ACT FUNDS.
Section 611(j) of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5196(j)) is amended by adding at
the end the following:
``(10)(A) All laborers, mechanics and other workers employed by
contractors or subcontractors who are have been determined by the
Center for the Climate Resilience Workforce to be performing work
within climate resilience sectors as defined in section 7 of the
Climate Resilience Workforce Act and financed with the assistance of
any contribution of Federal funds made by the Administrator under this
subsection shall have the right of the labor standards detailed in
section 401 of the Climate Resilience Workforce Act.
``(B) Subparagraph (A) shall apply to workers employed by
contractors or subcontractors who are financed with the assistance of
any contributions of Federal funds made by the Administrator through PA
Grants (42 U.S.C. 5172), BRIC (42 U.S.C. 5133), or Hazard Mitigation
Grants (42 U.S.C. 5170c), including the Flood Mitigation Assistance
Grant Program (42 U.S.C. 4104c).
``(C) The application of these labor standards are not limited to
construction workers or mechanics.''.
SEC. 405. PAID LEAVE FOR FEDERAL EMPLOYEES WHO ARE VICTIMS OF DOMESTIC
VIOLENCE, SEXUAL ASSAULT, OR STALKING.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 6329d. Leave for victims of domestic violence, sexual assault,
or stalking
``(a) An employee shall be entitled to leave, without loss of or
reduction in the pay, for any reason described in subsection (b) if the
employee or a spouse, family member, or household member of the
employee is a victim of domestic violence, sexual assault, or stalking.
``(b) The reasons described in this subsection are the following:
``(1) For the employee to seek legal or law enforcement
assistance or remedies to ensure the health and safety of the
employee or the employee's family member or household member
including preparing for, or participating in, any civil or
criminal legal proceeding related to or derived from domestic
violence, sexual assault, or stalking.
``(2) For the employee to seek treatment by a health care
provider for physical or mental injuries caused by domestic
violence, sexual assault, or stalking, or to attend to health
care treatment for a victim who is the employee's family member
or household member.
``(3) For the employee to obtain, or assist a family member
or household member in obtaining, services from a domestic
violence shelter, rape crisis center, or other social services
program for relief from domestic violence, sexual assault, or
stalking.
``(4) For the employee to obtain, or assist a family or
household member in obtaining, mental health counseling related
to an incident of domestic violence, sexual assault, or
stalking, in which the employee or the employee's family member
or household member was a victim of domestic violence, sexual
assault, or stalking.
``(5) For the employee to participate in safety planning,
temporarily or permanently relocate, or take other actions to
increase the safety of the employee or employee's family member
or household member from future domestic violence, sexual
assault, or stalking.
``(c)(1) Paid leave provided to an employee pursuant to subsection
(a) shall--
``(A) accrue one hour for each 40-hour workweek (or
equivalent) and shall accumulate for use in succeeding years;
``(B) be payable from any appropriation or fund available
for salaries or expenses for positions within the employing
agency; and
``(C) not be considered to be annual or vacation leave for
purposes of section 5551 or 5552 or for any other purpose.
``(2) Paid leave accrued or accumulated by an employee under this
section may be transferred to and for the use of any other employee if
such other employee requires additional leave under this section.
``(3) If an employee uses paid leave under this section for a
period of three consecutive days or longer, the employing agency may
require that the employee provide certification supporting the absence,
including a written statement by the employee, a police report, a court
order, or a written statement by an advocate (including an attorney
representing the employee, a member of clergy, a medical professional,
or an advocate for victims of domestic violence, sexual assault, or
stalking).
``(4) The employing agency shall keep confidential any information
provided by an employee to the employing agency relating to using leave
under this section unless--
``(A) the employee provides written consent of the
disclosure of such information; or
``(B) the employing agency is ordered to disclose such
information by a court order or by law.
``(5) An employee shall not directly or indirectly intimidate,
threaten, or coerce, or attempt to intimidate, threaten, or coerce, any
other employee for the purpose of interfering with the exercise of any
rights which such other employee may have under this section. In this
paragraph, the term `intimidate, threaten, or coerce' has the meaning
given that term in section 6385(b)(1).
``(d) In this section--
``(1) the term `employee' has the meaning given such term
in section 2105 and includes--
``(A) an officer or employee of the United States
Postal Service or the Postal Regulatory Commission;
``(B) an officer or employee of the Federal
Aviation Authority or the Transportation Security
Administration; and
``(C) notwithstanding subsection (a) of section
7421 of title 38, an individual occupying a position
listed in subsection (b) of such section;
``(2) the term `family member' means the child (including
an adopted child, a recognized natural child, a stepchild, or a
foster child), spouse, parent, grandparent, or grandchild of
the employee;
``(3) the term `household member' means a former spouse of
an employee, a former domestic partner of an employee, any
individual who has a child in common with the employee
(regardless of whether they have been married or have lived
together at any time), any adult individual related to the
employee by blood or marriage, any individual 16 years of age
or older who is residing with the employee or who has resided
with the employee, any individual who has a biological or legal
parent-child relationship with the employee, and any individual
with whom the employee has a dating relationship; and
``(4) the terms `domestic violence', `sexual assault', and
`stalking' have the meaning given those terms in section
40002(a) of the Violence Against Women Act of 1994 (34 U.S.C.
12291 et seq.).''.
(b) Clerical Amendment.--The table of sections for such subchapter
is amended by adding at the end the following:
``6329d. Leave for victims of domestic violence, sexual assault, or
stalking.''.
SEC. 406. GAO REPORT ON FEDERAL PRISON INDUSTRY.
(a) In General.--The Comptroller General shall conduct a study
focused on jobs within the Federal Prison Industries. The study shall
include--
(1) type of work conducted, including jobs that relate to
the climate resilience sectors specified in section 7 of this
Act;
(2) rate of pay;
(3) hours worked;
(4) worker concerns and issues; and
(5) work-related injuries and illnesses.
(b) Publication.--Not later than 1 year after the date of enactment
of this Act, the Comptroller General shall publish a report of the
study findings and report to the relevant congressional committees, at
minimum the Education and Labor and Judiciary committees.
TITLE V--REMOVING BARRIERS TO EMPLOYMENT
SEC. 501. IMMIGRATION BARRIERS.
(a) Temporary Relief From Removal.--Notwithstanding any other
provision of law, an alien seeking employment or training in the
climate resilience sector is eligible for status under this section. An
alien with status under this section may not be removed, and the
Secretary of Homeland Security shall provide such alien with employment
authorization. Such status shall be valid for a period of 2 years, and
may not be renewed. The Secretary shall provide an eligible alien with
such status if the alien submits an affidavit of interest in employment
or training in a climate resilience sector, as defined in section 7 of
this Act, and thereafter submits further evidence to that effect,
including registration for relevant training courses or applications
for such employment.
(b) Certified Climate Resilience Worker Status.--
(1) In general.--Notwithstanding any other provision of
law, the Secretary of Homeland Security may accord an alien
status as a Certified Climate Resilience Worker (hereinafter in
this section referred to as ``CRW status'') if that alien has
been present in the United States (without regard to the
immigration status of that alien during such presence) for not
less than 1 year and--
(A) is an alien who has--
(i) been employed in a climate resilience
sector for at least 90 days in the past year
(including any employment while incarcerated);
(ii) completed a workforce training program
in a climate resilience sector; or
(iii) been enrolled in a workforce training
program in a climate resilience sector for at
least 90 days in the past year (including any
training while in detention); or
(B) is the spouse, child, son, daughter, or parent
of an alien described in subparagraph (A).
(2) Conversion from temporary status.--An alien with
temporary status under subsection (a) may convert such status
to CRW status, and the spouse, child, son, daughter, or parent
of that alien shall also be accorded CRW status.
(3) Evidentiary requirement.--An alien who adjusts status
under paragraph (1) or (2) shall submit a petition for CRW
status, which shall include the following:
(A) Proof of presence in the United States for a
period of not less than 1 year ending on the date of
application.
(B) In the case of an alien adjusting status under
paragraph (1)(A), at least one of the following:
(i) Employer certification of employment in
a climate resilience sector.
(ii) Employment records of such employment.
(iii) Union dues records in the course of
such employment.
(iv) Certification of completion in a
workforce training program.
(v) Proof of continuous enrollment in a
workforce training program.
(vi) In the case that none of clauses (i)
through (v) are possible, a self-attestation of
work experience that includes an affidavit from
fellow employees.
(C) In the case of an alien adjusting status under
paragraph (1)(A)(ii), proof of residence as alleged
under such paragraph.
(4) Term of status.--CRW status under this subsection shall
be valid for a period of 2 years, and may be renewed for not
less than a total period of 10 years.
(5) Extenuating circumstances.--The Secretary may waive any
requirement under paragraph (1)(A) in any case of extenuating
circumstances, including disability, pregnancy, or care of a
dependent.
(c) Adjustment to Lawful Permanent Residence.--
(1) In general.--An alien with CRW status may adjust to
status to that of an alien lawfully admitted for permanent
residence beginning not earlier than 18 months after receiving
CRW status, except that the time period may be include any time
spent in temporary status.
(2) Waivers of inadmissibility.--Notwithstanding any other
provision of law and for purposes of this section, the
Secretary of Homeland Security or the Attorney General may
waive the operation of any one or more grounds of
inadmissibility set forth in section 212 of the Immigration and
Nationality Act for humanitarian purposes, to assure family
unity, or when it is otherwise in the public interest.
(3) Waivers of deportability.--Notwithstanding any other
provision of law and for purposes of this section, the
Secretary of Homeland Security or the Attorney General may
waive the operation of any one or more grounds of removal set
forth in section 237 of the Immigration and Nationality Act for
humanitarian purposes, to assure family unity, or when it is
otherwise in the public interest.
(d) Naturalization.--
(1) In general.--A person who is a lawful permanent
resident may file an application for naturalization under this
subsection.
(2) Exceptions to general rules of naturalization.--Such
person shall comply in all other respects with the requirements
of title III of the Immigration and Nationality Act, except
that such person may be naturalized not earlier than 3 years
after the date that person becomes a lawful permanent resident,
or 2 years in the case of such a person who is married to a
United States national.
(e) Work Protection.--Any employer who provides certification under
subsection (b)(3)(B) may not be held criminally or civilly liable under
any provision of Federal law or State law for any unlawful employment
of the person whose employment is so certified.
(f) Removal of Citizenship Requirement for Certain Employment.--
Nothing in section 303 or section 622 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act may be construed to
authorize any prohibition on employment of any person who is otherwise
authorized for employment in the United States.
(g) Access to Services.--Notwithstanding any other provision of
law, an alien with CRW status or status under subsection (a) shall be
considered lawfully present in the United States for all purposes.
Notwithstanding any other provision of law, individuals with CRW status
or status under subsection (a) shall be considered lawfully present for
purposes of eligibility for Federal health care programs (as defined in
section 1128B(f) of the Social Security Act (42 U.S.C. 1320a-7b(f))).
(h) Definitions.--Terms used in this section have the meanings
given such terms in section 101(a) of the Immigration and Nationality
Act.
SEC. 502. CRIMINAL JUSTICE BARRIERS.
(a) Ban the Box.--
(1) Federal employees.--
(A) Pre-offer.--Application for appointment in the
civil service in any position that would be considered
to be employment in a climate resilience sector if such
position was with a private employer shall be subject
to the provisions of section 9202 of title 5, United
States Code.
(B) Post-offer.--If an offer of such an appointment
in the civil service has been made to an applicant, any
record of conviction of such applicant may not be taken
into account thereafter for purposes of such an
appointment, except as provided in subparagraph (C).
(C) Exception.--Subparagraph does not apply to the
extent--
(i) a record of conviction was entered not
earlier than 5 years prior to the date of
application; and
(ii) the offense for which such record of
conviction was entered would have a specific
and particularized effect on the ability of the
person to discharge the duties of the position.
(D) Procedural protections for post offer.--In the
case of an applicant whose offer is revoked pursuant to
a determination that the exception set forth in
subparagraph (C) applies the following shall apply:
(i) The appointing authority shall provide
the applicant a written copy of any background
report, and shall identify each item in the
report that the authority has determined
pertains to the ability of the applicant to
discharge the duties of the position sought,
and a written justification of that
determination.
(ii) For a period of 60 days beginning on
the date of the receipt of the materials under
clause (i), an applicant may submit a written
disputation of the accuracy of the criminal
record and provide mitigating evidence or
evidence of rehabilitation.
(iii) If, after reviewing the submission
under clause (ii), the authority determines
that the record disqualifies the applicant, the
authority shall send a letter notifying the
applicant of that determination, and explaining
the reasons for that determination.
(2) Federal contractors.--Section 4714 of title 41, United
States Code, is amended--
(A) in subsection (a)(1)--
(i) in subparagraph (A), by striking
``and'';
(ii) in subparagraph (B), by striking the
period at the end and inserting ``; and''; and
(iii) by inserting after subparagraph (B)
the following:
``(C) shall require, as a condition of receiving a
Federal contract for work in a climate resilience
sector (as such term is defined section 7 of the
Climate Resilience Workforce Act) and receiving
payments under such contract that the contractor comply
with the requirements of subsection (d).'';
(B) by redesignating subsection (d) as subsection
(e); and
(C) by inserting after subsection (c) the
following:
``(d) Climate Resilience Workers.--The requirements under this
subsection are as follows:
``(1) A contractor may not conduct any inquiry into the
criminal history of an applicant prior to making a
determination to make a conditional offer.
``(2) In the case of a contractor who determines to revoke
a conditional offer to an applicant because of that applicant's
criminal record, the contractor shall submit a written
justification of each such decision to the contractor monitor
on a quarterly basis.
``(3) The contractor may not subsequently revoke the
conditional offer solely on the basis of a conviction--
``(A) that is over 5 years old; and
``(B) that is for an offense that would not have a
specific and particularized effect on the ability of
the applicant to discharge the duties of the position.
``(4) Before a final decision on whether to extend an offer
of employment, the contractor shall provide the applicant a
written copy of any background report, and shall identify each
item in the report that the contractor has determined pertains
to the ability of the applicant to discharge the duties of the
position sought, and a written justification of that
determination.
``(5) For a period of 60 days beginning on the date of the
receipt of the materials under paragraph (4), an applicant may
submit to the contractor a written disputation of the accuracy
of the criminal record and provide mitigating evidence or
evidence of rehabilitation. Such submission may also include
any relevant legal or other information contextualizing or
characterizing such criminal record.
``(6) If, after reviewing the submission under paragraph
(5), the contractor determines that the record disqualifies the
applicant, the employer shall send a letter notifying the
applicant of that determination, and explaining the reasons for
that determination.''.
(b) TANF Assistance and SNAP Benefits.--
(1) Repeal of ban on assistance.--Section 115 of the
Personal Responsibility and Work Opportunity Reconciliation Act
of 1996 (21 U.S.C. 862a) is repealed.
(2) Effect on state elections to opt out or limit period of
prohibition.--
(A) Definitions.--In this subsection--
(i) the term ``State'' has the meaning
given the term in section 115(e) of the
Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (21 U.S.C. 862a(e))
(as in effect on the day before the date of
enactment of this Act); and
(ii) the term ``TANF assistance or SNAP
benefits'' means assistance or benefits
referred to in section 115(a) of the Personal
Responsibility and Work Opportunity
Reconciliation Act of 1996 (as in effect on the
day before the date of enactment of this Act).
(B) Effect on state policies.--Any law enacted by a
State under the authority under subparagraph (A) or (B)
of subsection (d)(1) of section 115 of the Personal
Responsibility and Work Opportunity Reconciliation Act
of 1996 (21 U.S.C. 862a), and any State law, policy, or
regulation that imposes conditions on eligibility for
the supplemental nutrition assistance program and
temporary assistance for needy families program based
on an individual's conviction of an offense related to
a controlled substance, shall have no force or effect.
(c) Modification of Definition of Household for the Purpose of
Determining SNAP Benefits.--Section 3(m)(5) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2012(m)(5)) is amended by adding at the end the
following:
``(H) Incarcerated individuals who are scheduled to
be released from an institution within 30 days.''.
SEC. 503. DRUG TESTING BARRIERS.
Any person employed in a climate resilience sector who is, in the
course of such employment, present in a State wherein recreational use
of marihuana (as such term is defined in the Controlled Substances Act)
is lawful may not be disqualified from participation in any job
training program under this Act or terminated from any covered
employment on the basis of a federally mandated drug test that is more
stringent than any drug test that is in place in the locality or State,
or used by the union of such employee.
SEC. 504. TASKFORCE ON WORKER INCLUSION.
(a) Establishment.--There is established a Taskforce on Worker
Inclusion (hereinafter in this section referred to as the
``Taskforce'') within the Climate Resilience Workers Commission
established under section 403 of this Act, which shall be responsible
for establishing programs and best practices to support workers who
traditionally face barriers to employment.
(b) Chair.--Not later than 60 days after the date of enactment of
this Act, the Chair of the Climate Reliance Workers Commission shall
appoint a chair to head the Taskforce.
(c) Composition.--The Taskforce shall be composed of individuals
appointed by the chair not later than 90 days after the appointment of
the chair under subsection (b), as follows:
(1) Not less than one representative of the Department of
Labor.
(2) Not less than one representative of the Department of
Homeland Security.
(3) Not less than one representative of the Department of
Justice.
(4) Not less than one representative of the Legal Services
Corporation.
(5) Not less than one expert on immigration policy.
(6) Not less than one expert on criminal justice policy.
(7) Not less than one formerly incarcerated individual.
(8) Not less than one individual who formerly was present
in the United States without status under the immigration laws.
(9) Not less than one representative of employers in
climate resilience sectors.
(d) Vacancies.--In the case of any vacancy on the Taskforce, the
chair may appoint a replacement member.
(e) Programs.--The programs referred to in subsection (a) shall
include--
(1) providing grants to the Legal Service Corporation to
provide assistance, including legal assistance or payment of
fees or fines, to workers in the climate resilience sector in--
(A) applying for status as a Certified Climate
Resilience Worker under section 501 and further
adjusting their status to pursue citizenship;
(B) seeking restoration of rights including
expungements, dismissals, record sealing, fee waivers,
certificates of rehabilitation, diversion programs, and
pardons; and
(C) seeking licensure in a field that has barriers
for immigrants or workers with criminal history
records.
(2) conducting education and outreach, in multiple
languages, on status as a Certified Climate Resilience Worker
under section 501 and hiring opportunities for foreign-born
workers, formerly incarcerated workers, and workers with
criminal history records, and other benefits; and
(3) establishing training and best practices for the
hiring, recruitment, and retention of foreign-born workers,
formerly incarcerated workers, and workers with criminal
history records.
(f) Reimbursement for Fines or Fees.--The Taskforce shall by rule
establish procedures under which a worker in a climate resilience
sector may apply for reimbursement for the payment of any fine or fee
associated with--
(1) applying for status as a Certified Climate Resilience
Worker under section 501 and further adjusting their status to
pursue citizenship;
(2) seeking restoration of rights including expungements,
dismissals, record sealing, fee waivers, certificates of
rehabilitation, diversion programs, and pardons; and
(3) seeking licensure in a field that has barriers for
immigrants or workers with criminal history records.
(g) Trust Fund.--There is a established a trust fund, to be known
as the Climate Resilience Workforce Trust Fund (hereinafter in this
section referred to as the ``Fund'') which shall be available to the
Taskforce, without fiscal year limitation, for purposes of carrying out
this section, including reimbursement under subsection (f).
TITLE VI--PROVISIONS RELATED TO CLIMATE RESILIENCE WORKERS INVOLVED IN
DISASTER RECOVERY AND REBUILDING
SEC. 601. SUPPORTS FOR DISASTER RECOVERY WORKERS.
(a) Grants for Disaster Recovery and Rebuilding Training and Hiring
Halls.--
(1) Training.--Entities receiving grants in section 302 to
support the training of disaster recovery and rebuilding
workers must ensure that such training includes the following
components, as the Secretary determines relevant to such
workers:
(A) Ten-hour training provided by the Occupational
Safety and Health Administration.
(B) Basic health and safety training on mold
exposure, lead paint, asbestos and heat exposure.
(C) Basic first aid and CPR, following the American
Red Cross model.
(D) Training with respect to preservation of mental
health, including self-care.
(E) Basic workplace rights.
(F) Any other training that the Secretary
determines appropriate to the circumstances of climate-
related disasters.
(G) Skill-based training focused on community
recovery and rebuilding after disasters must include
training on rebuilding techniques that increase
community resilience.
(H) Training must be:
(i) Accessible to various levels of
literacy.
(ii) Provided in languages other than
English, as relevant to the population of
individuals seeking training.
(iii) Available during evenings and
weekends.
(2) Hiring halls.--Grant funds under section 302 to benefit
climate resilience workers may be used for the following
purposes:
(A) To operate worker hiring halls with set wages
and working conditions.
(B) To cover workers compensation, unemployment,
health insurance and bonding with respect to workers
hired through hiring halls to incentivize employers to
come to and use the hiring halls.
(C) Grantees may create virtual hiring halls for
areas where brick and mortar hiring halls are not
available or feasible.
(b) Organization and Representation.--
(1) In general.--All rights and procedures under the
National Labor Relations Act (29 U.S.C. 151 et seq.) shall
apply to all workers employed using funds in this section in
the private sector.
(2) Federal government application.--All rights under the
title VII of the Civil Service Reform Act of 1978 shall apply
to all workers employed by the Federal Government.
(3) Section 7 protections.--The rights to engage in
concerted activities for the purpose of collective bargaining
or other mutual aid or protection under section 7 of the
National Labor Relations Act (29 U.S.C. 157) shall apply with
respect to an employee who is employed by an employer who
receives funds under this Act and who is seeking to form or is
otherwise engaged with a worker association.
(c) Health and Safety.--
(1) Health and safety fund.--
(A) Establishment.--There is established in the
Treasury of the United States a Climate Resilience
Worker Health and Safety Fund (in this section,
referred to as the `Fund'), which consists of sums that
are appropriated to the Fund under this section.
(B) Purpose.--Amounts in the fund shall be
available--
(i) for the benefit of resilience workers
with short and long-term health problems
related to their service in climate disaster
response, recovery, and rebuilding; and
(ii) for wage replacement for workers
should they be unable to work due to health
problems related to their service.
(C) Fee collection.--
(i) In general.--The Secretary shall impose
a per-employee fee on every employer. Funds
received under this clause shall be deposited
into the Fund.
(ii) Guidance.--Not later than 120 days
after the date of enactment of this Act, the
Secretary shall issue guidance, in consultation
from the Center for the Climate Resilience
Workforce, specifying the fee amount, frequency
and mechanism for collection. The fee must be
sufficient enough to cover the potential
expenses climate disaster recovery workers may
incur.
(2) Safety committee program.--
(A) Establishment.--The Chair of the Climate
Resilience Workers Commission shall establish a Climate
Resilience Worker Safety Committee program (in this
paragraph referred to as the ``program'') within the
Office of the Secretary at the Department of Labor. In
carrying out the program, the Chair shall support
safety committees in each labor market where climate
disaster recovery workers are employed.
(B) Purpose.--The purpose of the committees shall
be to ensure the on-the-ground safety of workers
engaged in disaster recovery and rebuilding work while
at their work sites.
(C) Functions.--The Committees shall--
(i) review and make recommendations
pertaining to safety training provided by local
training providers; and
(ii) stop work when work conditions are
unsafe.
(D) Formation, structure and support.--
(i) Election.--The members of the safety
committees will be elected by resilience
workers in the labor market.
(ii) Chair.--A Chair for each safety
committee shall be elected by committee
members. Such chair shall be the primary point
of contact for the regional office of the
Department of Labor.
(iii) Reporting.--The safety committee
shall report any violations of minimum labor
standards laid out in this Act to a regional
office of the Department of Labor, which may
conduct an investigation and take enforcement
actions using the existing authorities of the
Secretary.
(iv) Enforcement.--A regional office may
elevate violations to the Commission for
further enforcement as needed.
(E) Labor market defined.--The term ``labor
market'' means a disaster recovery area as designated
in a Federal major disaster declaration.
(3) Liability.--The employer and with the general
contractor shall be liable for all health problems caused in
whole or in part by participation in climate disaster response
and recovery for all employees employed using funds under this
section.
(4) Wellness checks.--An employer receiving funds under
this section shall ensure that workers receive annual wellness
checks at community health clinics or federally qualified
health centers specific to the conditions under which they have
been working. Such employer shall cover the full cost of such
wellness checks.
(d) Authorization of Appropriations for Training Supports.--There
is authorized to be appropriated to the Director $20,000,000 for fiscal
year 2021, and each fiscal year thereafter, for the Susan G. Harwood
Occupational Safety and Health grant program, of which not less than
$10,000,000 each fiscal year shall be used to support training of
workers engaged in disaster recovery and rebuilding work.
SEC. 602. PILOT PROGRAM PROVIDING FEDERAL EMPLOYMENT OPPORTUNITIES FOR
FORMERLY INCARCERATED FIREFIGHTERS.
(a) Establishment.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, the Secretaries shall establish and
operate a pilot program, in coordination with eligible States,
to provide formerly incarcerated firefighters with the
opportunity to be hired to occupy Federal wildland firefighting
positions.
(2) Duration.--The pilot program established under this
section shall terminate on the date that is 6 years after the
of enactment of this section.
(b) Application.--An eligible State shall submit an application to
the Secretaries to participate in the pilot program. Any such
application shall include, at the minimum, the following:
(1) A list of the agencies of the eligible State involved
in the training and management of the incarcerated firefighter
workforce.
(2) The total number of the incarcerated firefighter
workforce used by such State and a description of roles held by
incarcerated firefighters.
(3) The number of incarcerated firefighters expected to be
released by such State in the year commencing after the date
the application is submitted.
(4) The number of formerly incarcerated firefighters
released by such State that have successfully secured
employment in wildland or structural firefighting.
(5) An estimate of any costs, including staffing costs,
such State would incur as a result of participating in the
pilot program.
(c) Recruitment.--
(1) In general.--The pilot program shall provide for the
recruitment, in such form and manner as the Secretaries may
prescribe, in consultation with the eligible State, of formerly
incarcerated firefighters to occupy Federal wildland
firefighting positions. The following requirements shall apply
to such recruitment efforts:
(A) The participation in the recruitment program by
incarcerated firefighters to be voluntary.
(B) A presentation shall be made to incarcerated
firefighters regarding an overview of Federal wildland
firefighting positions.
(C) The Secretaries shall--
(i) work with incarcerated firefighters and
the eligible State to identify the skills,
interests, and experience of candidates to
determine which Federal wildland firefighting
positions would be most suitable for the
individual;
(ii) work with incarcerated firefighters
and the eligible State to identify and address
any potential barriers to employment as a
Federal wildland firefighter, including a lack
of a driver's license, before the firefighter
is released from incarceration; and
(iii) collaborate with the eligible State
to ensure, to the greatest extent practicable,
that a decision to hire an incarcerated
firefighter coincides with the release of the
individual from incarceration.
(D) The Secretaries and State agencies shall
ensure, to the greatest extent practicable, that any
needs that an incarcerated firefighter or formerly
incarcerated may have for voluntary substance abuse,
mental health, or other rehabilitative programming are
accommodated during the hiring process and after the
position has been accepted by the individual.
(E) The Secretaries shall ensure that the cost of
any additional training required is not a financial
burden for a formerly incarcerated firefighter.
(2) Grants.--Subject to the availability of funds to carry
out this section, the Secretaries shall provide grants to
eligible States participating in the pilot program to support
the State's collaboration with the Secretaries to provide
recruitment opportunities for incarcerated firefighters or
formerly incarcerated firefighters.
(3) Waiver of parole and probation requirements.--The
Secretaries shall require, at a minimum, that States waive
parole and probation requirements to ensure that a formerly
incarcerated firefighter can meet the requirements of the
position for which the individual is hired.
(d) Reentry and Retention Support.--
(1) In general.--Subject to the availability of funds to
carry out this section, the pilot program shall provide support
services for formerly incarcerated firefighters participating
in the program to support the individual's financial stability
and successful reentry into and retention within the workforce.
(2) Financial support.--
(A) Application.--The Secretaries shall work with
State correctional agencies to develop a process for
formerly incarcerated firefighters to apply for
financial assistance.
(B) Duration and amount.--Financial assistance may
be provided for up to 6 months at an amount that
ensures the individual's ability to secure stable
housing, food, and other basic needs and purchase any
equipment, attire, or supplies that may be needed to
perform the duties of the Federal wildland firefighting
position for which they have been hired.
(3) Mentorship.--The pilot program shall include a
mentorship program that pairs formerly incarcerated
firefighters currently employed within the Federal Government
with newly hired formerly incarcerated firefighters to support
job success and retention.
(e) Hiring Preference.--During the period the pilot program under
this section is operational, with respect to examinations for Federal
wildland firefighting positions in the competitive service (as that
term is defined in section 2102 of title 5, United States Code),
competition is restricted to formerly incarcerated firefighters
participating in the pilot program as long as such firefighters are
available.
(f) Reports.--Beginning on the date that is 1 year after the date
of enactment of this Act and annually thereafter for the duration of
the pilot program, the Secretaries shall submit a report to the
Committees on the Judiciary and Natural Resources of the House of
Representatives and the Committee on Homeland Security and Governmental
Affairs of the Senate and any other relevant congressional committees
detailing implementation of the pilot program, including the rate at
which formerly incarcerated firefighters have been hired by the
Secretaries.
(g) Definitions.--In this section:
(1) Eligible state.--The term ``eligible State'' means a
State that trains and uses firefighters incarcerated in a State
correctional facility to fight wildland fire.
(2) Federal wildland firefighting positions.--The term
``Federal wildland firefighting positions'' means full-time,
permanent positions within the United States Forest Service or
in the Department of Interior the duties of which consist of
wildland firefighting, including administrative support
positions.
(3) Formerly incarcerated firefighter.--The term ``formerly
incarcerated firefighter'' means an individual--
(A) who is no longer incarcerated in a State
correctional facility and has been trained and used by
the State to fight wildland fire; and
(B) who the Secretaries determine are qualified and
suitable to occupy Federal wildland firefighting
positions.
(4) Secretaries.--The term ``Secretaries'' means the
Secretary of Agriculture, acting through the Chief of the
Forest Service, and the Secretary of the Interior.
SEC. 603. DIRECT EMPLOYMENT IN FEMA CORE.
(a) In General.--Section 306 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (421 U.S.C. 5149) is amended by
adding at the end the following:
``(d) In carrying out this Act, the following disaster recovery and
rebuilding duties shall be included in the duties of the Cadre of On-
Call Response/Recovery Employees of the Federal Emergency Management
Agency:
``(1) Debris cleanup.
``(2) Residential and commercial reconstruction including
rapid repair of partially damaged residences, and installation
of tarps on structures with roof damage.
``(3) Providing support to existing child and elder care
services or organization of new services.
``(4) Providing nutritional assistance to impacted
communities.
``(5) Providing counseling and assistance in accessing
public benefits such as Federal Emergency Management Agency
grants, Disaster Unemployment Assistance, Disaster Supplemental
Nutrition Assistance Program.
``(6) Providing logistical support for the supply chain of
medical equipment and other goods involved in response efforts.
``(7) Carrying out other disaster preparedness and response
functions for other emergencies and natural disasters.
``(e) In appointing personnel under subsection (c), the
Administrator shall prioritize appointing unemployed workers with
experience in the building trades for which such workers are
qualified.''.
(b) Additional Requirement.--The Administrator of the Federal
Emergency Management Agency shall establish up to 15,000 new positions,
as needed, within the Cadre of On-Call Response/Recovery Employees of
the Federal Emergency Management Agency and appoint to such positions
individuals with skills and experience necessary to carry out the
duties described in section 306(d) of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (421 U.S.C. 5149(d)).
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