[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1689 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 1689
To establish the Climate Change Advisory Commission to develop
recommendations, frameworks, and guidelines for projects to respond to
the impacts of climate change, to issue Federal obligations, the
proceeds of which shall be used to fund projects that aid in adaptation
to climate change, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 12, 2019
Mr. Deutch introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure, and Ways and Means, 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 Climate Change Advisory Commission to develop
recommendations, frameworks, and guidelines for projects to respond to
the impacts of climate change, to issue Federal obligations, the
proceeds of which shall be used to fund projects that aid in adaptation
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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Climate Change
Resiliency Fund for America Act of 2019''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CLIMATE CHANGE ADVISORY COMMISSION
Sec. 101. Establishment of Climate Change Advisory Commission.
Sec. 102. Duties.
Sec. 103. Commission personnel matters.
Sec. 104. Funding.
Sec. 105. Termination.
TITLE II--CLIMATE CHANGE RESILIENCY FUND
Sec. 201. Climate Change Resiliency Fund.
Sec. 202. Compliance with Davis-Bacon Act.
Sec. 203. Funding.
TITLE III--REVENUE
Sec. 301. Climate change obligations.
Sec. 302. Promotion.
SEC. 2. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) Commission.--The term ``Commission'' means the Climate
Change Advisory Commission established by section 101(a).
(2) Fund.--The term ``Fund'' means the Climate Change
Resiliency Fund established by section 201(a)(1).
(3) Qualified climate change adaptation purpose.--
(A) In general.--The term ``qualified climate
change adaptation purpose'' means an objective with a
demonstrated intent to reduce the economic, social, and
environmental impact of the adverse effects of climate
change.
(B) Inclusions.--The term ``qualified climate
change adaptation purpose'' includes--
(i) infrastructure resiliency and
mitigation;
(ii) improved disaster response; and
(iii) ecosystem protection.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
TITLE I--CLIMATE CHANGE ADVISORY COMMISSION
SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY COMMISSION.
(a) In General.--There is established a commission to be known as
the ``Climate Change Advisory Commission''.
(b) Membership.--The Commission shall be composed of 11 members--
(1) who shall be selected from the public and private
sectors and institutions of higher education; and
(2) of whom--
(A) 3 shall be appointed by the President, in
consultation with the Interagency Climate Change
Adaptation Task Force;
(B) 2 shall be appointed by the Speaker of the
House of Representatives;
(C) 2 shall be appointed by the minority leader of
the House of Representatives;
(D) 2 shall be appointed by the majority leader of
the Senate; and
(E) 2 shall be appointed by the minority leader of
the Senate.
(c) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
(d) Initial Appointments.--Each member of the Commission shall be
appointed not later than 90 days after the date of enactment of this
Act.
(e) Vacancies.--A vacancy on the Commission--
(1) shall not affect the powers of the Commission; and
(2) shall be filled in the manner in which the original
appointment was made.
(f) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(g) Meetings.--The Commission shall meet at the call of the
Chairperson.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(i) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among the members of the
Commission.
SEC. 102. DUTIES.
The Commission shall--
(1) establish recommendations, frameworks, and guidelines
for a Federal investment program funded by revenue from climate
change obligations issued under section 301 for States,
municipalities, and other public entities, including utility
districts, transit authorities, and multistate regulatory
bodies that--
(A) improves and adapts energy, transportation,
water, and general infrastructure impacted or expected
to be impacted due to climate variability; and
(B) integrates best available science, data,
standards, models, and trends that improve the
resiliency of infrastructure systems described in
subparagraph (A); and
(2) identify categories of the most cost-effective
investments and projects that emphasize multiple benefits to
commerce, human health, and ecosystems.
SEC. 103. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(b) Travel Expenses.--A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate such personnel as are
necessary to enable the Commission to perform the duties of the
Commission.
(2) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates.
(B) Maximum rate of pay.--The rate of pay for
personnel shall not exceed the rate payable for level V
of the Executive Schedule under section 5316 of title
5, United States Code.
SEC. 104. FUNDING.
The Commission shall use amounts in the Fund to pay for all
administrative expenses of the Commission.
SEC. 105. TERMINATION.
The Commission shall terminate on such date as the Commission
determines after the Commission carries out the duties of the
Commission under section 102.
TITLE II--CLIMATE CHANGE RESILIENCY FUND
SEC. 201. CLIMATE CHANGE RESILIENCY FUND.
(a) Establishment.--
(1) In general.--There is established within the Department
of Commerce the ``Climate Change Resiliency Fund''.
(2) Responsibility of the secretary.--The Secretary shall
take such action as the Secretary determines to be necessary to
assist in implementing the establishment of the Fund in
accordance with this Act.
(b) Climate Change Adaptation Projects.--The Secretary, in
consultation with the Commission, shall carry out a program to provide
funds to eligible applicants to carry out projects for a qualified
climate change adaptation purpose.
(c) Eligible Entities.--An entity eligible to participate in the
program under subsection (b) shall include--
(1) a Federal agency;
(2) a State or a group of States;
(3) a unit of local government or a group of local
governments;
(4) a utility district;
(5) a tribal government or a consortium of tribal
governments;
(6) a State or regional transit agency or a group of State
or regional transit agencies;
(7) a nonprofit organization;
(8) a special purpose district or public authority,
including a port authority; and
(9) any other entity, as determined by the Secretary.
(d) Application.--An eligible entity shall submit to the Secretary
an application for a project for a qualified climate change adaptation
purpose at such time, in such manner, and containing such information
as the Secretary may require, including data relating to any benefits,
such as economic impact or improvements to public health, that the
project is expected to provide.
(e) Selection.--The Secretary shall select projects from eligible
entities to receive funds under this section based on criteria and
guidelines determined and published by the Commission.
(f) Non-Federal Funding Requirement.--In order to receive funds
under this section, an eligible entity shall provide funds for the
project in an amount that is equal to not less than 25 percent of the
amount of funds provided under this section.
(g) Maintenance of Effort.--All amounts deposited in the Fund in
accordance with section 301(a) shall be used only to fund new projects
in accordance with this Act.
(h) Applicability of Federal Law.--Nothing in this Act waives the
requirements of any Federal law (including regulations) that would
otherwise apply to a qualified climate change project that receives
funds under this section.
SEC. 202. COMPLIANCE WITH DAVIS-BACON ACT.
(a) In General.--All laborers and mechanics employed by contractors
and subcontractors on projects funded directly by or assisted in whole
or in part by and through the Fund pursuant to this title 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 title
40, United States Code.
(b) Labor Standards.--With respect to the labor standards specified
in this section, the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (64
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States
Code.
SEC. 203. FUNDING.
The Secretary shall use funds made available to the Secretary and
not otherwise obligated to carry out the program under section 201(b).
TITLE III--REVENUE
SEC. 301. CLIMATE CHANGE OBLIGATIONS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of the Treasury or the Secretary's
delegate (referred to in this title as the ``Secretary'') shall issue
obligations under chapter 31 of title 31, United States Code (referred
to in this title as ``climate change obligations''), the proceeds from
which shall be deposited in the Fund.
(b) Full Faith and Credit.--Payment of interest and principal with
respect to any climate change obligation issued under this section
shall be made from the general fund of the Treasury of the United
States and shall be backed by the full faith and credit of the United
States.
(c) Exemption From Local Taxation.--All climate change obligations
issued by the Secretary, and the interest on or credits with respect to
such obligations, shall not be subject to taxation by any State,
county, municipality, or local taxing authority.
(d) Amount of Climate Change Obligations.--
(1) In general.--Except as provided in paragraph (2), the
aggregate face amount of the climate change obligations issued
annually under this section shall be $200,000,000.
(2) Additional obligations.--For any calendar year in which
all of the obligations issued pursuant to paragraph (1) have
been purchased, the Secretary may issue additional climate
change obligations during such calendar year, provided that the
aggregate face amount of such additional obligations does not
exceed $800,000,000.
(e) Funding.--The Secretary shall use funds made available to the
Secretary and not otherwise obligated to carry out the purposes of this
section.
SEC. 302. PROMOTION.
(a) In General.--The Secretary shall promote the purchase of
climate change obligations through such means as are determined
appropriate by the Secretary, with the amount expended for such
promotion not to exceed $10,000,000 for any fiscal year during the
period of fiscal years 2020 through 2024.
(b) Donated Advertising.--In addition to any advertising paid for
with funds made available under subsection (c), the Secretary shall
solicit and may accept the donation of advertising relating to the sale
of climate change obligations.
(c) Authorization of Appropriations.--For each fiscal year during
the period of fiscal years 2020 through 2024, there is authorized to be
appropriated $10,000,000 to carry out the purposes of this section.
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