[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3156 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 3156
To require Federal agencies to maintain plans for responding to,
mitigating, and adapting to climate change, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 3, 2021
Ms. Klobuchar (for herself, Ms. Smith, Mr. Murphy, Mr. Van Hollen, Ms.
Warren, Ms. Stabenow, and Mr. Durbin) introduced the following bill;
which was read twice and referred to the Committee on Homeland Security
and Governmental Affairs
_______________________________________________________________________
A BILL
To require Federal agencies to maintain plans for responding to,
mitigating, and adapting to climate change, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Climate Planning,
Resilience, and Enhanced Preparedness Act of 2021'' or the ``Federal
Agency Climate PREP Act of 2021''.
SEC. 2. CLIMATE ACTION PLANS.
(a) Agency Climate Action Plans Required.--Not later than 1 year
after the date of enactment of this Act, the head of each agency shall
submit to the Director an agency climate action plan.
(b) Contents of Plan.--Each agency climate action plan submitted
pursuant to subsection (a) shall include the following:
(1) An identification and assessment of climate change-
related impacts on and risks to the ability of the agency to
accomplish its missions, operations, and programs.
(2) A description of programs, policies, and plans the
agency has in place and any additional action the agency plans
to take to mitigate and manage the impacts and risks identified
in paragraph (1) and build resilience, both immediately and at
milestones that are 2, 5, 10, and 20 years after the date of
enactment of this Act.
(3) A description of how any climate change-related impact
and risk identified under paragraph (1) that is determined by
the agency to be so significant that it impairs the statutory
mission or operation of the agency will be addressed.
(4) An assessment of whether implementation of any of the
programs, policies, or plans of the agency exacerbates climate
change-related impacts and risks.
(5) A description of how the agency will consider the need
to improve climate change adaptation and resilience,
including--
(A) an assessment that monetizes the costs and
benefits of such improvement, including the value of
climate change adaptation, resilience, and mitigation;
and
(B) with respect to agency suppliers, supply
chains, real property investments, and capital
equipment purchases, such as updating agency policies
for leasing, building upgrades, relocation of existing
facilities and equipment, and construction of new
facilities.
(6) In the case of the implementation of a program that
uses cost-benefit analyses, a description of any additional
methodologies used by the agency to incorporate climate change
risks into the cost-benefit analyses, including the metrics and
methodologies used.
(7) An assessment of the efforts of the agency to reverse
the disproportionate impacts of climate change on disadvantaged
communities and vulnerable populations, including--
(A) a description of opportunities identified to
reverse those impacts;
(B) a description of progress made in reversing
those impacts; and
(C) a description of the methodology of the agency
for actively and widely soliciting and receiving input
and feedback directly from those communities and
populations regarding the opportunities and progress
described in subparagraphs (A) and (B).
(8) A description of how the agency will promote the
preparedness and resilience of the Federal workforce with
respect to climate change.
(9) A description of how the agency will contribute to
coordinated interagency efforts to support climate change
mitigation, preparedness, and resilience at all levels of
government, including collaborative work across regional
offices of agencies and through coordinated development of
information, data, and tools.
(c) Progress Reports.--The head of each agency shall submit to the
Director an annual report on the implementation of the agency climate
action plans required pursuant to subsection (a), including updated
identification and assessments of climate change-related impacts and
risks.
SEC. 3. COUNCIL ON FEDERAL AGENCY CLIMATE PLANNING, RESILIENCE, AND
ENHANCED PREPAREDNESS.
(a) Establishment.--There is established an interagency council, to
be known as the ``Council on Federal Agency Climate Planning,
Resilience, and Enhanced Preparedness'' or the ``Council on Federal
Agency PREP'' (referred to in this section as the ``Council'').
(b) Leadership.--The Director shall--
(1) serve as the Chair of the Council; and
(2) be guided as Chair of the Council by a steering
committee (referred to in this section as the ``steering
committee''), which shall help to determine the priorities and
strategic direction of the Council in accordance with
subsection (f), composed of--
(A) the National Climate Advisor established under
section 4(b);
(B) the Chair of the Council on Environmental
Quality; and
(C) the Director of the Office of Science and
Technology Policy.
(c) Members.--In addition to the Director and members of the
steering committee, the Council shall be composed of the following
members who are senior officials (Deputy Secretary or equivalent
officer) from the following:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Department of the Interior.
(6) The Department of Agriculture.
(7) The Department of Commerce.
(8) The Department of Labor.
(9) The Department of Health and Human Services.
(10) The Department of Housing and Urban Development.
(11) The Department of Transportation.
(12) The Department of Energy.
(13) The Department of Education.
(14) The Department of Veterans Affairs.
(15) The Department of Homeland Security.
(16) The United States Agency for International
Development.
(17) The Corps of Engineers.
(18) The Environmental Protection Agency.
(19) The General Services Administration.
(20) The Millennium Challenge Corporation.
(21) The National Aeronautics and Space Administration.
(22) The Small Business Administration.
(23) The Corporation for National and Community Service.
(24) The Office of Personnel Management.
(25) The Nuclear Regulatory Commission.
(26) The Office of the Director of National Intelligence.
(27) The Council of Economic Advisers.
(28) The National Economic Council.
(29) The Domestic Policy Council.
(30) The White House Office of Public Engagement and
Intergovernmental Affairs.
(31) The United States Trade Representative.
(32) Such other agencies or offices as the President or
Director shall designate.
(d) Administration.--
(1) In general.--The Office of Management and Budget shall
provide administrative support and additional resources, as
appropriate, to the Council.
(2) Agency assistance.--Agencies shall assist and provide
information to the Council determined to be necessary by the
Chair to carry out the functions of the Council.
(3) Participation costs.--Each agency represented on the
Council shall pay its own expenses related to participating as
members of the Council.
(e) Council Structure.--The Director and the steering committee may
establish task forces and working groups within the Council as needed.
(f) Mission and Function of the Council.--The Council, in
partnership with State and local governments, academic and research
institutions, and the private and nonprofit sectors, shall coordinate
with Federal agencies and offices to do the following:
(1) Facilitate the organization and deployment of a
government-wide approach to combat the climate crisis.
(2) Develop, recommend, coordinate interagency efforts on,
and track implementation of Federal Government actions--
(A) to reduce climate pollution;
(B) to increase resilience to the impacts of
climate change;
(C) to protect public health;
(D) to conserve land, water, oceans, and
biodiversity;
(E) to deliver environmental justice; and
(F) to spur well-paying union jobs and economic
growth.
(3) Provide expertise to assist regional, State, and local
action--
(A) to reduce climate pollution;
(B) to increase resilience to the impacts of
climate change;
(C) to protect public health;
(D) to conserve land, water, oceans, and
biodiversity;
(E) to deliver environmental justice; and
(F) to spur well-paying union jobs and economic
growth.
(4) Integrate climate change science in policies and
planning, where appropriate, for agencies and the private
sector, including by developing and deploying innovative,
actionable, and accessible Federal climate change related
information, data, and tools.
(5) To the extent permitted by law, prioritize action on
climate change in policymaking, budget processes, contracting
and procurement, and engagement with governments, workers,
communities, and the private sector.
(6) Such other actions as the Director may determine
necessary.
SEC. 4. WHITE HOUSE OFFICE OF DOMESTIC CLIMATE POLICY.
(a) Establishment.--There is established, within the Executive
Office of the President, the Office of Domestic Climate Policy
(referred to in this section as the ``Office'').
(b) National Climate Advisor.--
(1) In general.--The Office shall be headed by the National
Climate Advisor (referred to in this section as the
``Advisor''), whom shall be appointed by the President.
(2) Position.--The Advisor shall hold office at the
pleasure of the President.
(3) Pay and allowances.--The Advisor shall be entitled to
receive the same pay and allowances as is provided for level II
of the Executive Schedule under section 5313 of title 5, United
States Code.
(4) Duties of the national climate advisor.--Subject to the
authority, direction, and control of the President, the Advisor
shall--
(A) coordinate the policymaking process with
respect to domestic climate policy issues;
(B) coordinate domestic climate policy advice to
the President;
(C) ensure that--
(i) domestic climate policy decisions and
programs are consistent with the stated goals
of the President; and
(ii) those goals are being effectively
pursued; and
(D) monitor the implementation of the domestic
climate policy agenda of the President.
(5) Powers of the national climate advisor.--The Advisor
may, for the purposes of carrying out the functions of the
Advisor under this section--
(A) subject to the civil service and classification
laws--
(i) select, appoint, employ, and fix the
compensation of such officers and employees as
are necessary; and
(ii) prescribe the duties of those officers
and employees;
(B)(i) employ experts and consultants in accordance
with section 3109 of title 5, United States Code, and
compensate individuals so employed for each day
(including travel time) at rates not in excess of the
maximum rate of basic pay for grade GS-15, as provided
in section 5332 of that title; and
(ii) while those experts and consultants are so
serving away from their homes or regular places of
business, pay those experts and consultants travel
expenses and per diem in lieu of subsistence at rates
authorized by section 5703 of that title for
individuals employed intermittently in the Federal
Government service;
(C) promulgate such rules and regulations as may be
necessary to carry out the functions, powers, and
duties vested in the Advisor;
(D) enter into and perform under such contracts,
leases, cooperative agreements, or other transactions
with Federal agencies or any public or private persons
or entities as may be necessary in the conduct of the
work of the Office, on such terms as the Advisor may
determine appropriate;
(E) notwithstanding section 1342 of title 31,
United States Code, accept voluntary and uncompensated
services;
(F) adopt an official seal, which shall be
judicially noticed; and
(G) provide, when authorized by law, copies of
documents to persons at cost, except that any funds so
received shall be credited to, and be available for use
from, the account from which expenditures relating to
the documents were made.
SEC. 5. DEFINITIONS.
In this Act:
(1) Adaptation.--The term ``adaptation'' means adjustment
to natural or human systems in response to actual or expected
climate change, including both sudden-onset and slow-onset
climate change-related risks or events assessed through
historical data, recent climate conditions and risks, and
climate change projections, to minimize negative impacts on
human health and safety, equity, ecosystems, and the
environment.
(2) Agency.--The term ``agency'' has the meaning given the
term ``Executive agency'' under section 105 of title 5, United
States Code, but does not include the Government Accountability
Office.
(3) Climate change.--The term ``climate change'' means the
long-term change in the average weather patterns influencing
local, regional, and global climates that are primarily driven
by human-produced greenhouse gas emissions, and observed
through key indicators, including global land and ocean
temperature increases, rising sea levels, loss of polar and
mountain glacier ice, cloud and vegetation cover changes, and
increases in extreme weather, such as hurricanes, heatwaves,
wildfires, droughts, floods, and precipitation.
(4) Director.--The term ``Director'' means the Director of
the Office of Management and Budget.
(5) Disadvantaged community.--The term ``disadvantaged
community'' means a community that is harmed by environmental,
economic, or socioeconomic injustice, including--
(A) a community that--
(i) has a high concentration of low-income
and low-wealth households, including households
comprised primarily of members of groups that
have historically experienced discrimination on
the basis of race, gender, national origin, or
ethnicity (including Black, Indigenous, Latino,
Arab, Asian, and Pacific Islander communities);
or
(ii) faces economic transition,
deindustrialization, historic underinvestment,
or poverty; and
(B) a low-income or low-wealth community facing
environmental injustice, including any community that,
as determined by the Director--
(i) is located nearest to an existing area
of grave environmental pollution or
degradation;
(ii) bears a burden of negative public
health effects of pollution;
(iii) includes one or more sites of--
(I) a facility that is part of a
polluting industry;
(II) a waste dump; or
(III) a facility for resource
extraction;
(iv) experiences a high incidence of
climate change-related impacts and disasters;
(v) has been excluded or harmed by racist
or discriminatory policies that have resulted
in economic or health disparities;
(vi) faces relocation and resettlement
resulting from--
(I) climate change;
(II) impacts to the environment and
ecosystems from climate change; or
(III) impacts associated with
economic inequities; or
(vii) is an Indigenous community.
(6) Impact.--The term ``impact'' means consequences, both
realized and expected, for natural and human systems.
(7) Preparedness.--The term ``preparedness'' means actions
taken to plan, organize, equip, train, and exercise to build,
apply, and sustain the capabilities necessary to prevent,
protect against, ameliorate the effects of, respond to, and
recover from climate change-related damages to life, health,
property, livelihoods, ecosystems, and national security.
(8) Resilience.--The term ``resilience'' means the ability
to anticipate, prepare for, and adapt to changing conditions
and withstand, respond to, and recover rapidly from disruptions
while ensuring the sustainment of mission-critical operations.
(9) Risk.--The term ``risk'' means a potential exposure to
danger as a result of the impacts of climate change, including
a potential exposure to such danger that results from societal
constraints that shape adaptation options.
(10) State.--The term ``State'' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian Tribe.
(11) Vulnerable population.--The term ``vulnerable
population'' means groups of individuals, including those with
underlying health conditions, subject to greater climate change
exposure, or adversely impacted by social determinants of
health, who experience heightened sensitivity to climate-
related health and economic impacts.
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