[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6455 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 6455
To establish the Global Climate Change Resilience Strategy, to
authorize the admission of climate-displaced persons into the United
States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 17, 2023
Ms. Velazquez (for herself, Ms. Norton, Mr. McGovern, Mr. Espaillat,
and Mr. Garcia of Illinois) introduced the following bill; which was
referred to the Committee on Foreign Affairs, and in addition to the
Committee on the Judiciary, 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 the Global Climate Change Resilience Strategy, to
authorize the admission of climate-displaced persons into the United
States, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Climate Displaced
Persons Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings; sense of Congress.
Sec. 3. Definitions.
Sec. 4. Required data collection and reporting.
Sec. 5. Global Climate Change Resilience Strategy.
Sec. 6. Training in climate change resilience.
Sec. 7. Guidance on the humanitarian impacts of climate change.
Sec. 8. Admission of climate-displaced persons.
Sec. 9. Authorization of appropriations.
SEC. 2. FINDINGS; SENSE OF CONGRESS.
(a) Findings.--Congress finds the following:
(1) In the second study of the Sixth Assessment Report of
the Intergovernmental Panel on Climate Change (IPCC), issued in
February 2022, the IPCC stated, based on scientific evidence,
that the Earth's climate is now changing faster than at any
point in human and recent geologic history.
(2) The Sixth Assessment Report of the IPCC and the Fourth
National Climate Assessment, issued in November 2018, found
that a changing climate is--
(A) causing sea levels to rise;
(B) contributing to an increase in wildfires and
temperature extremes in some parts of the world;
(C) contributing to an increase in heavy
precipitation in certain locations; and
(D) intensifying drought in many regions of the
world.
(3) Forced displacement and forced migration are increasing
in the context of environmental changes and climate-induced
disruptions, including weather-related disasters, drought, food
insecurity, and rising sea levels.
(4) In 2022, flooding events caused 6 out of 10 disaster
displacements within countries, surpassing other types of
disaster, according to the Internal Displacement Monitoring
Centre. Such events include--
(A) the weather phenomena affected by El Nino and
La Nina, which have recently led to record levels of
flood displacement in many countries, including Brazil,
Nigeria, Sudan, South Sudan, and Somalia;
(B) high-impact events, such as the August 2022
floods in Pakistan, which displaced millions of people;
and
(C) floods impacting the most marginalized
communities, such as refugees, internally displaced
persons, and returnee populations in northern South
Sudan.
(5) Sea level rise, both locally and globally, imperils
low-lying communities around the world by threatening water
supplies, accelerating coastal erosion and loss of arable land,
and inundating coastal areas. This phenomenon affects--
(A) low-lying areas of countries, such as
Bangladesh, are threatened with land erosion, land
loss, salinization, and other effects of sea level rise
and extreme weather events; and
(B) small-island-developing states, which are
particularly vulnerable to sea level rise, which
threatens their entire economies and territoriality.
(6) Climate change is intensifying drought events and
conditions in both severity and duration, which imperils
agriculture and other livelihoods and can force families and
communities to relocate temporarily or permanently. Failed
rainy seasons in the Horn of Africa have led to the worst
drought conditions on record in Somalia, Ethiopia, and Kenya.
(7) A 2022 World Food Program report on the Dry Corridor, a
strip of land located in Central America that includes
Guatemala, El Salvador, Honduras, and Nicaragua, has found that
in the region--
(A) temperatures have been rising, with climate
change projections for the Dry Corridor estimating an
increase in temperature of up to 5.4 degrees Fahrenheit
by 2050 and 10.8 degrees Fahrenheit by 2100;
(B) rainfall has been dwindling and becoming
violently sporadic, with long-term droughts projected
to become more severe by 2100 and intensifying by 27 to
73 percent across all months;
(C) crop failure is becoming rampant with the
expected intensification of heat waves, which are
expected to affect basic grains and coffee production
due to forest fires, lags in sowing, and increased
pests; and
(D) approximately \2/3\ of the rural population of
the Dry Corridor live in poverty and roughly \3/4\ of
these people are living in extreme poverty with
significant levels of malnutrition, with the average
monthly income from farming and other livelihoods
estimated at $177.60 per person, leaving little room to
cover eventualities linked to droughts, pests, extreme
weather events, or socioeconomic shocks.
(8) Tropical storms, including hurricanes, cyclones, and
typhoons, are extreme weather events fueled by climate change
that can generate widespread destruction and displacement.
(9) The National Oceanic and Atmospheric Administration
reported that 30 tropical systems were reported during the 2020
Atlantic hurricane season, making 2020--
(A) the highest-ever recorded Atlantic hurricane
season;
(B) the fifth consecutive year with an above-normal
Atlantic hurricane season; and
(C) 1 of the 18 above-normal seasons during a 26-
year span.
(10) The negative effects of hurricanes on communities can
linger for years, as demonstrated by the lasting impacts on
parts of Central America caused by Hurricanes Eta and Iota,
which both made landfall in the same area in November 2020.
(11) Combinations of extreme heat and humidity may create
wet-bulb temperatures that may render certain regions of the
world uninhabitable in the coming decades.
(12) In the second study of the Sixth Assessment Report,
issued in February 2022, the Intergovernmental Panel on Climate
Change affirmed with high-confidence that societal adaptations
in the near term can help reduce the risks of climate change
throughout the 21st century.
(13) In the ``Synthesis Report: Climate Change 2023'', the
IPCC concluded--
(A) ``There is a rapidly closing window of
opportunity to secure a livable and sustainable future
for all''; and
(B) ``Deep, rapid and sustained mitigation and
accelerated implementation of adaptation actions in
this decade would reduce projected losses and damages
for humans and ecosystems''.
(14) The United States bears a disproportionate
responsibility for climate change since an estimated \1/5\ of
all historical worldwide carbon dioxide emissions were released
in the United States, which is greater than the amount of such
emissions released in any other single country.
(15) In the ``Synthesis Report: Climate Change 2023'', the
IPCC concluded, with high confidence, ``Vulnerable communities
who have historically contributed the least to current climate
change are disproportionately affected.''
(16) According to the United Nations Refugee Agency
(UNHCR)--
(A) 70 percent of refugees originate from countries
on the front lines of the climate crisis;
(B) climate change affects people inside their own
countries; and
(C) climate change typically creates internal
displacement before it begins displacing people across
international borders.
(17) The Global Compact on Refugees recognizes that
``climate, environmental degradation and natural disasters
increasingly interact with the drivers of refugee movements.''
(18) The October 2021 White House Report on the Impact of
Climate Change on Migration--
(A) recommends that Congress should explore ``the
need for additional protections for individuals who can
establish that they are fleeing serious, credible
threats to their life or physical integrity as a result
of climate change;'' and
(B) states ``[t]he United States should identify
ways to apply existing protection frameworks in the
context of climate change-related displacement and to
identify gaps where the United States should forge new
legal pathways to protection.''
(19) As noted in a March 2023 report by the U.S. Committee
for Refugees and Immigrants' International Refugee Assistance
Project and the Human Security Initiative, many asylum seekers
have cited the destruction of their homes, agricultural lands,
and businesses due to climate-related causes as contributing to
their decisions to flee, as these climate-related environmental
disasters exacerbated their conditions of marginalization.
(20) The United Nations Human Rights Council has recognized
that climate change poses an existential threat that has
already negatively affected the fulfillment of human rights,
specifically noting that--
(A) ``all States should, when taking action to
address climate change, respect, promote and consider
their respective obligations on human rights''; and
(B) ``the adverse effects of climate change are
felt most acutely by those segments of the population
that are already in vulnerable situations owing to
factors such as geography, poverty, gender, age,
indigenous or minority status, national or social
origin, birth or other status and disability''.
(21) The effects of climate change also exacerbate social,
economic, and political tensions within and among nations.
(22) The UNHCR Global Trends Report 2020 found, ``95
percent of all conflict displacements in 2020 occurred in
countries vulnerable or highly vulnerable to climate change.
Disasters can also strike populations already uprooted by
conflict, forcing them to flee multiple times, as was the case
with [internally displaced persons] in Yemen, Syria and Somalia
and refugees in Bangladesh.''
(23) Climate-vulnerable states experiencing protracted
conflict, such as Afghanistan or Yemen, can be affected by
multiple climate-related threats simultaneously, such as--
(A) drought and flooding events in Afghanistan; and
(B) drought, desertification, and cyclones
affecting Yemen.
(24) In their 2022 report ``Migration as a Climate
Adaptation Strategy'' USAID found--
(A) ``Migration has the potential to serve as an
important adaptation and risk management strategy for
climate-impacted populations'';
(B) ``Migration is not an adaptation strategy
available to everyone due to pre-existing
vulnerabilities, a lack of resources, or systemic
inequalities;'' and
(C) ``Voluntary and proactive migration can benefit
migrants, their households, sending communities, and
receiving communities. Benefits include livelihood
diversification, increased income and remittances, and
knowledge and skills transfer. Receiving communities
can benefit from an increased labor pool and an influx
of migrant spending and support services.''
(25) The Office of the United Nations High Commissioner for
Human Rights has suggested that a person displaced across
borders due to climate related events--
(A) has the right to not be returned to a country
where such person would have irreparable harm to their
right to life;
(B) should be considered a victim of forced
displacement; and
(C) should be granted at least a temporary stay in
the country where they have found refuge.
(26) Displaced individuals, including individuals affected
by climate change, can seek protective stay in third countries
through humanitarian pathways, family reunification processes,
labor-based visas, and other complementary pathways with a
humanitarian focus.
(27) Recognizing the human rights implications of climate
change, countries have begun to explore humanitarian pathways
for those displaced by climate-related environmental disasters,
such as the Kampala Ministerial Declaration on Migration,
Environment and Climate Change and Argentina's recently
announced humanitarian visa program.
(28) A CARE International report, ``Evicted by Climate
Change: Confronting the Gendered Impacts of Climate-Induced
Displacement'', which was published in July 2020, notes that--
(A) ``the climate crisis exacerbates gender
inequality and makes it harder to achieve gender
justice'';
(B) ``in 2018, more than half of the 41 million
people internally displaced were women'';
(C) ``[p]oor women and children are up to 14 times
more likely to be killed than men by a climate-fueled
disaster, such as a hurricane, typhoon, cyclone, or
flood''; and
(D) ``[w]omen who are displaced by climate change
related impacts often have less access to relief
resources''.
(29) Members of LGBTQ+ communities are disproportionately
affected by institutional discrimination in the housing,
employment, and health sectors, which reduces their capacity to
cope with the impacts of climate change.
(30) Black immigrants and other immigrants of color face
higher rates of displacement due to climate change, but are
also more often discriminated against in immigration policies
and systems.
(31) A December 2019 Oxfam International report found that
climate-related events forced an estimated 20,000,000 people
from their homes every year during the previous decade.
(32) A 2021 national intelligence estimate from the
National Intelligence Council, entitled ``Climate Change and
International Responses Increasing Challenges to U.S. National
Security Through 2040'', predicted ``cross-border migration
probably will increase as climate effects put added stress on
internally displaced populations''.
(33) A 2022 study by the Loss and Damage Collaboration
found that an estimated 189,000,000 people in low income
countries are impacted by extreme weather events exacerbated by
climate change every year.
(34) An October 2023 United Nations International
Children's Emergency Fund study found that 43,100,000 children
in 44 countries were displaced from 2016 to 2021 due to floods,
storms, droughts, and wildfires.
(35) Ecological Threat Register 2020, which was published
by the Institute for Economics & Peace--
(A) projects that climate-related threats will
continue to cause significant displacement worldwide
during the coming decades; and
(B) stated that 19 countries, with a combined
population of 2,100,000,000 people, are most at risk
for displacement given population growth, water stress,
food insecurity, droughts, floods, cyclones, and rising
temperature and sea levels.
(b) Sense of Congress.--It is the sense of Congress that the United
States should--
(1) reduce its domestic greenhouse gas emissions on a scale
and rate proportionate to its historical responsibility and in
recognition of the urgency of the threat of climate change;
(2) welcome the shared responsibility of climate change
adaptation, global disaster risk reduction, resiliency
building, and disaster response and recovery;
(3) assist in providing durable solutions for climate-
displaced persons;
(4) aid other countries in their climate change mitigation
efforts; and
(5) work with the international community--
(A) to establish a framework to share the
responsibilities described in paragraphs (2) through
(4); and
(B) to ensure that the human rights of climate-
displaced persons are acknowledged, respected,
protected, and fulfilled.
SEC. 3. DEFINITIONS IN THE IMMIGRATION AND NATIONALITY ACT.
Section 101(a) of the Immigration and Nationality Act (8 U.S.C.
1101(a)) is amended--
(1) by striking paragraph (8) and inserting the following:
``(8) The term `climate-displaced person' means any person who--
``(A) is compelled to leave his or her habitual home,
either within his or her country of nationality or in another
country, due to--
``(i) a climate-related environmental disaster; or
``(ii) the interaction of a climate-related
environmental disaster with other factors, including
resource constraints, food insecurity, discrimination,
persecution, or human rights abuses; and
``(B) is unable to otherwise access a durable solution,
such as local integration or safe and voluntary returns to his
or her habitual place of residence due to a climate-related
environmental disaster that--
``(i) has rendered his or her habitual place of
residence uninhabitable; or
``(ii) has prevented safe integration or voluntary
returns, including through targeted violence,
discrimination, human rights abuses, food insecurity,
and other forms of harm.
``(9) The term `climate-related environmental disaster'--
``(A) means a hydro-meteorological or other climatic event
related to the Earth's climate that adversely affects persons'
lives, livelihoods, or living conditions; and
``(B) includes--
``(i) sudden-onset hydro-meteorological events,
including--
``(I) flooding;
``(II) windstorms;
``(III) heatwaves;
``(IV) extreme wet-bulb temperatures;
``(V) violent storms, such as blizzards;
and
``(VI) hurricanes, typhoons, or cyclones;
``(ii) sudden-onset events that are exacerbated by
conditions related to climate change, including
wildfires, mudslides, and avalanches;
``(iii) slow-onset events, including--
``(I) sea level rise or coastal inundation;
``(II) drought;
``(III) desertification;
``(IV) salinization;
``(V) ocean acidification;
``(VI) erosion; and
``(VII) permafrost thaw; and
``(iv) slow- and sudden-onset events with a
relationship to climate change that is subsequently
attributed by further scientific research.''; and
(2) by amending paragraph (34) to read as follows:
``(34) The term `designated application center' means any United
States embassy or consulate or other facility delegated by the
Secretary of State to accept applications for climate-displaced person
status under section 244A.''.
SEC. 4. REQUIRED DATA COLLECTION AND REPORTING.
(a) Data Collection.--
(1) In general.--The President shall ensure that the
Department of Commerce, the Environmental Protection Agency,
the Department of State, the United States Agency for
International Development, the Office of the Director of
National Intelligence, the Department of Defense, the
Department of Homeland Security, and other relevant Federal
agencies collect, maintain, and publish data on displacement
caused by climate change.
(2) Sources.--Sources of the data described in paragraph
(1) shall include information from--
(A) the International Organization for Migration;
(B) the United Nations Refugee Agency (UNHCR);
(C) the United Nations Children's Fund; and
(D) other international organizations that are
collecting such data.
(3) Disaggregation.--Data shall be collected, maintained,
and published pursuant to paragraph (1) at sufficient levels of
disaggregation to assess the disparities of the impacts of
climate change on a variety of groups and populations,
including disaggregation by race, ethnicity, pregnancy status,
parental status, socioeconomic status, country of residence,
and other relevant demographics to assess and ensure the
equitable application of this Act and the amendments made by
this Act.
(4) Mitigation.--The data described in this subsection
shall be used to mitigate externally influenced disparities in
other countries to the extent feasible.
(b) Annual Report.--Not later than 180 days after the date of the
enactment of this Act, and annually thereafter, the President shall
submit a report, in unclassified form, to the Committee on Foreign
Relations of the Senate and the Committee on Foreign Affairs of the
House of Representatives that--
(1) details the collection and analysis of the data
described in subsection (a); and
(2) may include a classified annex.
(c) List of Climate-Vulnerable Countries.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and every 5 years thereafter, the
Secretary of State, in consultation with the Department of
Homeland Security, the United States Agency for International
Development, and the National Oceanic and Atmospheric
Administration, shall compile a list of the 100 most climate-
vulnerable countries and other administrative entities through
notice and comment rulemaking.
(2) Methodology.--In compiling the list of climate-
vulnerable countries pursuant to paragraph (1), the Secretary
shall--
(A) use the best available scientific resources,
including relevant data--
(i) published by the Intergovernmental
Panel on Climate Change;
(ii) available through the World Bank's
Climate Risk Country Profiles; and
(iii) available through the Notre Dame
Global Adaptation Initiative (ND-GAIN) Country
Index;
(B) consider the frequency and severity of climate-
related environmental disasters;
(C) consider the impact of both slow- and sudden-
onset climate-related environmental disasters;
(D) consider the interaction of these climate-
related environmental disasters with each country's
preparedness and resilience capacity, including
physical and social infrastructure; and
(E) consult with a committee of agency experts,
including climate scientists, immigration and refugee
lawyers, and adaptation specialists.
SEC. 5. GLOBAL CLIMATE CHANGE RESILIENCE STRATEGY.
Section 117 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151p)
is amended--
(1) in subsection (b)--
(A) by inserting ``(1)'' after ``(b)''; and
(B) by adding at the end the following:
``(2)(A) The President is authorized to furnish assistance to
programs and initiatives, including multilateral initiatives and funds
that--
``(i) promote resilience among communities facing harmful
impacts from climate change;
``(ii) reduce the vulnerability of persons affected by
climate change;
``(iii) address permanent loss and damage faced by affected
marginalized communities;
``(iv) provide support for community recovery,
reconstruction, and rehabilitation after climate-related
environmental disasters;
``(v) promote sustainable peace through cooperation on
efforts to protect the earth against environmental threats and
to address and minimize climate change; and
``(vi) support climate-resilient programming that promotes
peacebuilding to avert conflict due to scarcity of resources
caused by climate change, including scarcity of water, food,
and grazing areas.
``(B) There shall be, in the Department of State, a Coordinator of
Climate Change Resilience, who shall coordinate the assistance
authorized under subparagraph (A).''; and
(2) by adding at the end the following:
``(d)(1) The Secretary of State, in coordination with the
Administrator of the United States Agency for International Development
(referred to in this subsection as `USAID') and the Special
Presidential Envoy for Climate, shall establish a 10-year,
comprehensive, integrated strategy, which shall be known as the `Global
Climate Change Resilience Strategy', to mitigate the impacts of climate
change on displacement and humanitarian emergencies.
``(2) The Global Climate Change Resilience Strategy shall--
``(A) focus on addressing slow-onset and rapid-onset
effects of climate change;
``(B) consider the effects of climate change;
``(C) describe the key features of successful strategies to
prevent such conditions;
``(D) include specific objectives and multisectoral
approaches to the effects of climate change;
``(E) describe approaches that ensure national leadership,
as appropriate, and substantively engage with civil society,
local partners, and the affected communities, including
marginalized populations and underserved populations, in the
design, implementation, and monitoring of climate change
programs to best safeguard the future of those subject to
displacement;
``(F) assign roles for relevant Federal agencies to avoid
duplication of efforts, while ensuring that--
``(i) the Department of State is responsible for--
``(I) leading the Global Climate Change
Resilience Strategy;
``(II) establishing United States foreign
policy with respect to such strategy;
``(III) advancing diplomatic and political
efforts with respect to such strategy;
``(IV) guiding security assistance and
related civilian security efforts to mitigate
climate change threats; and
``(V) providing overseas humanitarian
assistance--
``(aa) to respond to international
displacement caused by climate change;
and
``(bb) to coordinate the pursuit of
protection and durable solutions for
climate-displaced persons, including
resettlement into the United States;
``(ii) USAID is--
``(I) responsible for overseeing programs
to prevent the effects of climate change; and
``(II) the lead implementing agency for--
``(aa) providing overseas
humanitarian assistance to respond to
internal displacement and food
insecurity caused by climate change;
and
``(bb) developing a related non-
security program policy related to
building resilience and achieving
recovery; and
``(iii) other Federal agencies support the
activities of the Department of State and USAID, as
appropriate, with the concurrence of the Secretary of
State and the USAID Administrator;
``(G) describe programs that Federal agencies will
undertake to achieve the stated objectives, including
descriptions of existing programs and funding by fiscal year
and account;
``(H) identify mechanisms to improve coordination between
the United States, foreign governments, and international
organizations, including the World Bank, the United Nations,
regional organizations, and private sector organizations;
``(I) address efforts to expand public-private partnerships
and leverage private sector resources;
``(J) describe the criteria, metrics, and mechanisms for
monitoring and evaluating the programs and objectives in the
Global Climate Change Resilience Strategy;
``(K) describe how the Global Climate Change Resilience
Strategy will ensure that programs are conflict-sensitive,
country-led and context-specific; and
``(L) describe how the Global Climate Change Resilience
Strategy is a means for peacebuilding, and is incorporated into
peacebuilding, and post-conflict plans and programs.
``(3) Not later than 270 days after the date of the enactment of
the Climate Displaced Persons Act, and annually thereafter, the
President shall submit a report to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the House of
Representatives, based in part on the information collected pursuant to
this section, that details the Global Climate Change Resilience
Strategy. The report shall be submitted in unclassified form, but may
include a classified annex, if necessary.
``(4) Not later than 180 days after the date of the enactment of
the Climate Displaced Persons Act, the Secretary of State and the
Coordinator of Global Climate Change Resilience shall brief the
Committee on Foreign Relations of the Senate and the Committee on
Foreign Affairs of the House of Representatives on the progress made
towards implementing the Global Climate Change Resilience Strategy.
``(5)(A) Not later than 270 days after the date of the enactment of
the Climate Displaced Persons Act, and annually thereafter, the
Comptroller General of the United States, in cooperation and
consultation with the Secretary of State, shall publish a report
evaluating the progress that the Federal Government has made toward
incorporating climate change into policies of the Department of State
and USAID and describing the resources that have been allocated for
such purpose.
``(B) The report required under subparagraph (A) shall assess--
``(i) the degree to which the Department of State and USAID
are--
``(I) developing climate change risk assessments;
and
``(II) providing guidance to missions on how to
include climate change risks in their integrated
country strategies;
``(ii) whether the Department of State and USAID have
sufficient resources to fulfill the requirements described in
paragraph (2); and
``(iii) any areas in which the Department of State and
USAID may lack sufficient resources to fulfill the requirements
described in paragraph (2).''.
SEC. 6. TRAINING IN CLIMATE CHANGE RESILIENCE.
(a) Foreign Service Officers.--Section 708(a)(1) of the Foreign
Service Act of 1980 (22 U.S.C. 4028(a)(1)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) for Foreign Service Officers who will be
assigned to a country from which climate-displaced
persons (as defined in section 101(a)(8) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(8))
have been displaced, instruction on climate
displacement, including the Global Climate Change
Resilience Strategy established pursuant to section
117(d) of the Foreign Assistance Act of 1961 (22 U.S.C.
2151p(d)).''.
(b) USCIS Officers.--The Secretary of Homeland Security shall
require U.S. Citizenship and Immigration Services officers who review
applications for admission as a climate-displaced person (as defined in
section 101(a)(8) of the Immigration and Nationality Act, as amended by
section 3) to receive instruction on climate displacement, including
the Global Climate Change Resilience Strategy established pursuant to
section 117(d) of the Foreign Assistance Act of 1961, as added by
section 5.
SEC. 7. GUIDANCE ON THE HUMANITARIAN IMPACTS OF CLIMATE CHANGE.
Not later than 180 days after the date of the enactment of this
Act, and annually thereafter, the Secretary of State shall provide
guidance to each United States diplomatic mission, in accordance with
Executive Order 13677 (79 Fed. Reg. 58229; relating to climate-
resilient international development), to address the humanitarian
impacts associated with climate change.
SEC. 8. ADMISSION OF CLIMATE-DISPLACED PERSONS.
(a) Admission of Climate-Displaced Persons.--
(1) In general.--Chapter 1 of title II of the Immigration
and Nationality Act (8 U.S.C. 1151 et seq.) is amended by
inserting after section 207 the following:
``SEC. 207A. CLIMATE-DISPLACED PERSONS.
``(a) Admission Goal.--
``(1) In general.--In addition to the refugees admitted
pursuant to section 207, the number of climate-displaced
persons who may be admitted to the United States under this
section in any fiscal year (beginning with fiscal year 2024)
shall be not fewer than the greater of--
``(A) 100,000; or
``(B) the number that the President determines
pursuant to paragraph (2), before the beginning of each
such fiscal year, after appropriate consultation with
Congress, to be justified by--
``(i) the data collected through the
process established pursuant to section 4 of
the Climate Displaced Persons Act;
``(ii) other humanitarian concerns; or
``(iii) other national interests.
``(2) Effect of numerical adjustment.--If a significant
climate-related environmental disaster occurs in 1 or more of
the climate-vulnerable countries included on the most recent
list compiled pursuant to section 4(c) of the Climate Displaced
Persons Act or if the President determines that the number of
climate-displaced persons who should be admitted to the United
States in a fiscal year based on humanitarian concerns or other
national interests is greater than the number set forth in
paragraph (1)(A), the President shall--
``(A) set the admissions level for climate-
displaced persons at the same time as the President
determines the number of refugees who may be admitted
in such fiscal year under section 207; and
``(B) follow all of the procedures relating to
refugee admissions under section 207, including
determinations of the President, after appropriate
consultation with Congress, to fix the number of
refugees to be admitted to the United States during the
current period (not to exceed 12 months) in response to
an emergency refugee situation.
``(3) Equitable allocation.--The President, in consultation
with the Department of State, the Department of Homeland
Security, the United States Agency for International
Development, the National Oceanic and Atmospheric
Administration, and other relevant Federal agencies, shall
establish a process by which admissions authorized under this
section shall be allocated in an equitable manner, taking into
consideration the list of 100 most climate-vulnerable countries
and other administrative entities compiled pursuant to section
4(c) of the Climate Displaced Persons Act and the demographic
data described in section 4(a) of such Act.
``(b) Admissibility; Applications.--
``(1) In general.--
``(A) Admissibility.--Subject to the numerical
limitation set forth in subsection (a), the Secretary
of Homeland Security, pursuant to such regulations as
the Secretary may prescribe, may admit any climate-
displaced person under this section who--
``(i) is admissible;
``(ii) is not described in paragraph (2);
and
``(iii) is not described in section
208(b)(2).
``(B) Applications.--Any noncitizen described in
subparagraph (A), regardless of such noncitizen's
immigration status, may apply for admission as a
climate-displaced person if the noncitizen--
``(i) is physically present in the United
States;
``(ii) arrives in the United States
(whether or not at a designated port of arrival
and including a noncitizen who is brought to
the United States after having been interdicted
in international or United States waters); or
``(iii) applies at a designated application
center.
``(2) Limitations.--Except as provided in paragraph (3), a
noncitizen may not apply for status as a climate-displaced
person if--
``(A) the Secretary of Homeland Security determines
that such noncitizen may be removed, pursuant to a
bilateral or multilateral agreement, to a country
(other than the country of the noncitizen's nationality
or, in the case of a noncitizen having no nationality,
the country of the noncitizen's last habitual
residence) that is outside of the zone in which the
sudden or progressive change in the environment obliged
the noncitizen to leave their residence, provided that
such determination does not violate the human rights
obligations of the United States;
``(B) the application is not filed within 1 year
after the date of the noncitizen's arrival in the
United States; or
``(C) an earlier application by the noncitizen for
climate-displaced person status has been denied.
``(3) Exceptions.--
``(A) Unaccompanied noncitizen children.--Paragraph
(2) shall not apply to an unaccompanied alien child (as
defined in section 462(g) of the Homeland Security Act
of 2002 (6 U.S.C. 279(g))).
``(B) Changed circumstances.--Subparagraphs (B) and
(C) of paragraph (2) shall not apply if the noncitizen
demonstrates, to the satisfaction of the Secretary of
Homeland Security, that--
``(i) extraordinary circumstances prevented
the noncitizen from filing an application
within the period specified in paragraph
(2)(B); or
``(ii) changed circumstances materially
affect the applicant's eligibility for climate-
displaced person status.
``(C) Referrals authorized.--The Secretary of State
may accept applications submitted on behalf of eligible
applicants for climate-displaced person status by
qualified international agencies.
``(4) Contents.--Each application submitted under this
subsection shall contain such information as the Secretary of
State, in consultation with the Secretary of Homeland Security,
determines to be necessary to determine whether the applicant
is eligible for admission as a climate-displaced person.
``(5) Fees.--
``(A) In general.--Except as provided in
subparagraph (B), an applicant for climate-displaced
person status shall not be charged a fee.
``(B) Exception.--If a noncitizen has applied for,
and been denied, climate-displaced person status on 2
or more previous occasions, the Secretary of Homeland
Security may charge a reasonable fee for a third
application and any subsequent applications, which
shall set at a level equal to the average cost of
adjudicating such applications.
``(c) Treatment of Climate-Displaced Persons.--
``(1) In general.--A noncitizen who qualifies for climate-
displaced person status under this section shall be eligible
for resettlement assistance, entitlement programs, and other
benefits available to refugees and asylees admitted pursuant to
section 207.
``(2) Treatment of children and spouse.--
``(A) In general.--A spouse or a child (as defined
in subparagraph (A), (B), (C), (D), or (E) of section
101(b)(1)) of a noncitizen who is granted climate-
displaced person status under this section may, if not
otherwise eligible for such status, be granted the same
status as the climate-displaced person if accompanying,
or following to join, such noncitizen.
``(B) Treatment of children.--An unmarried
noncitizen who seeks to accompany, or follow to join, a
parent or guardian granted climate-displaced person
status under this section, and who was younger than 21
years of age on the date on which such parent or
guardian applied for such status, shall continue to be
classified as a child for purposes of this subsection
and section 209(b)(3), if the noncitizen reaches 21
years of age while such application is pending.
``(d) Defined Term.--In this section, the term `noncitizen' means
any person who is not a citizen or national of the United States.''.
(2) Clerical amendment.--The table of contents for the
Immigration and Nationality Act (8 U.S.C. 1101 note) is amended
by inserting after the item relating to section 207 the
following:
``Sec. 207A. Climate-displaced persons.''.
(b) Adjustment of Status.--Section 209(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1159(a)) is amended, in the matter preceding
subparagraph (A), by inserting ``or 207A'' after ``207''.
(c) Savings Provision.--
(1) In general.--Nothing in section 207A of the Immigration
and Nationality Act, as added by subsection (a)(1), may be
construed to affect the United States commitment to the United
States Refugee Admissions Program.
(2) Additional protections.--The protections described in
such section 207A are in addition to the refugee admissions
goal established by the Presidential determination described in
subsection (a)(1)(B) of such section.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this Act.
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