[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8429 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8429

 To amend chapter 3 of title 5, United States Code, to require Federal 
agencies to submit plans for responding to, mitigating, and adapting to 
                climate change, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 29, 2020

    Mrs. Carolyn B. Maloney of New York (for herself and Mr. Rouda) 
 introduced the following bill; which was referred to the Committee on 
                          Oversight and Reform

_______________________________________________________________________

                                 A BILL


 
 To amend chapter 3 of title 5, United States Code, to require Federal 
agencies to submit 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 2020'' or the ``Federal 
Agency Climate PREP Act''.

SEC. 2. CLIMATE CHANGE ADAPTATION PLANS.

    (a) Amendment.--Chapter 3 of title 5, United States Code, is 
amended by adding at the end the following new subchapter:

              ``SUBCHAPTER III--CLIMATE CHANGE ADAPTATION

``Sec. 321. Definitions
    ``In this subchapter:
            ``(1) Adaptation.--The term `adaptation' means adjustment 
        in natural or human systems in anticipation of or response to a 
        changing environment in a way that effectively uses beneficial 
        opportunities or reduces negative effects.
            ``(2) Agency.--The term `agency' has the meaning given the 
        term `Executive agency' under section 105, but does not include 
        the Government Accountability Office.
            ``(3) Climate change.--The term `climate change' means the 
        long-term change in the average weather patterns influencing 
        local, regional, and global climates, that are primarily driven 
        by human-produced greenhouse gas emissions, and observed 
        through key indicators including global land and ocean 
        temperature increases, rising sea levels, loss of polar and 
        mountain glacier ice, cloud and vegetation cover changes, and 
        increases in extreme weather such as hurricanes, heatwaves, 
        wildfires, droughts, floods, and precipitation.
            ``(4) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(5) Frontline community.--The term `frontline community' 
        means a low-income community, community of color, or Tribal 
        community that is disproportionately impacted or burdened by 
        climate change and associated phenomena.
            ``(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 an assessment based on 
        formal analysis of the consequences, likelihoods, and responses 
        to the impacts of climate change and how societal constraints 
        shape adaptation options.
            ``(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.
``Sec. 322. Agency climate change adaptation plans required
    ``(a) Agency Climate Change Adaptation Plans Required.--Not later 
than 1 year after the date of the enactment of this section, the head 
of each agency shall submit to the Director an agency climate change 
adaptation plan.
    ``(b) Contents of Plan.--Each agency climate change adaptation 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 manage the impacts and risks identified in paragraph 
        (1) and build resilience, both immediately and at milestones 
        that are 5, 10, and 20 years after the date of the enactment of 
        this section.
            ``(3) A description of how any climate change-related 
        impact and risk identified under paragraph (1) that is 
        determined by the agency to be so significant that it impairs 
        the statutory mission or operation of the agency will be 
        addressed.
            ``(4) An assessment of whether implementation of any of the 
        programs, policies, or plans of the agency exacerbates climate 
        change-related impacts and risks, and a description of how the 
        agency will consider the need to improve climate change 
        adaptation and resilience, including the costs and benefits of 
        such improvement, 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.
            ``(5) In the case of the implementation of a program that 
        uses cost-benefit analyses, a description of how the agency 
        incorporates climate change risks into the cost-benefit 
        analyses, including the metrics and methodologies used.
            ``(6) A description of opportunities identified to address 
        the disproportionate impacts of climate change on frontline 
        communities and vulnerable populations.
            ``(7) A description of how the agency will promote the 
        preparedness and resilience of the Federal workforce with 
        respect to climate change.
            ``(8) A description of how the agency will contribute to 
        coordinated interagency efforts to support climate change 
        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.--In 2023 and every two years thereafter, 
the head of each agency shall submit to the Director a report on the 
implementation of the plans required pursuant to subsection (a), 
including updated identification and assessments of climate change-
related impacts and risks.
``Sec. 323. Council on Federal Agency Climate PREP
    ``(a) Establishment.--There is established an interagency council, 
to be known as the Council on Federal Agency Climate Planning, 
Resilience, and Enhanced Preparedness, or the Council on Federal Agency 
Climate PREP (in this section referred to as the `Council').
    ``(b) Leadership.--The Director shall serve as the Chair of the 
Council and shall be supported by a steering committee, which shall 
help determine priorities and strategic direction for the Council in 
accordance with subsection (f), made up of the Chair of the Council on 
Environmental Quality, the Director of the Office of Science and 
Technology Policy, and the Assistant to the President for Homeland 
Security and Counterterrorism.
    ``(c) Members.--In addition to the Chair and steering committee, 
the Council shall be composed of the following members who are senior 
officials (Deputy Secretary or equivalent officer) from the following:
            ``(1) The Department of State.
            ``(2) The Department of the Treasury.
            ``(3) The Department of Defense.
            ``(4) The Department of Justice.
            ``(5) The Department of the Interior.
            ``(6) The Department of Agriculture.
            ``(7) The Department of Commerce.
            ``(8) The Department of Labor.
            ``(9) The Department of Health and Human Services.
            ``(10) The Department of Housing and Urban Development.
            ``(11) The Department of Transportation.
            ``(12) The Department of Energy.
            ``(13) The Department of Education.
            ``(14) The Department of Veterans Affairs.
            ``(15) The Department of Homeland Security.
            ``(16) The United States Agency for International 
        Development.
            ``(17) The Army Corps of Engineers.
            ``(18) The Environmental Protection Agency.
            ``(19) The General Services Administration.
            ``(20) The Millennium Challenge Corporation.
            ``(21) The National Aeronautics and Space Administration.
            ``(22) The U.S. Small Business Administration.
            ``(23) The Corporation for National and Community Service.
            ``(24) The Office of Personnel Management.
            ``(25) The Nuclear Regulatory Commission.
            ``(26) The Office of the Director of National Intelligence.
            ``(27) The Council of Economic Advisers.
            ``(28) The National Economic Council.
            ``(29) The Domestic Policy Council.
            ``(30) The Office of Management and Budget.
            ``(31) The White House Office of Public Engagement and 
        Intergovernmental Affairs.
            ``(32) The United States Trade Representative.
            ``(33) Such agencies or offices as the President or Co-
        Chairs shall designate.
    ``(d) Administration.--The Office of Management and Budget shall 
provide administrative support and additional resources, as 
appropriate, to the Council. Agencies shall assist and provide 
information to the Council deemed necessary by the Director to carry 
out its functions. Each such agency shall pay its own expenses related 
to participating as members of the Council.
    ``(e) Council Structure.--The Director and steering committee may 
establish working groups as needed.
    ``(f) Mission and Function of the Council.--The Council shall 
coordinate across Federal agencies and offices, and in partnership with 
State and local governments (including the State and Local Leaders Task 
Force established in section 324), academic and research institutions, 
and the private and nonprofit sectors to do the following:
            ``(1) Develop, recommend, coordinate interagency efforts 
        on, and track implementation of Federal Government actions 
        related to climate change preparedness and resilience.
            ``(2) Provide expertise to assist regional, State, and 
        local action to--
                    ``(A) assess vulnerabilities that due to or 
                exacerbated by climate change; and
                    ``(B) cost-effectively increase climate change 
                preparedness and resilience of communities, critical 
                economic sectors, natural and built infrastructure, and 
                natural resources.
            ``(3) Integrate climate change science in policies and 
        planning, where appropriate, of agencies and the private 
        sector, including by developing and deploying of innovative, 
        actionable, and accessible Federal climate change-related 
        information, data, and tools.
            ``(4) Such other functions as the Director may determine 
        necessary, including implementing, as appropriate, the 
        recommendations of the State and Local Leaders Task Force 
        established in section 324.
``Sec. 324. State and Local Leaders Task Force on Federal Agency 
              Climate PREP
    ``(a) Establishment.--To inform Federal efforts to support climate 
change preparedness and resilience, there is established a task force 
to be known as the State and Local Leaders Task Force on Federal Agency 
Climate Planning, Resilience, and Enhanced Preparedness, or the State 
and Local Leaders Task Force on Federal Agency Climate PREP (in this 
section referred to as the `Task Force').
    ``(b) Membership.--The Chair of the Task Force shall be the 
Director of the White House Office of Intergovernmental Affairs. In 
addition to the Chair, the members shall be such elected State and 
local officials as may be invited by the Chair to participate. Members 
of the Task Force, acting in their official capacity, may designate 
employees with authority to act on their behalf.
    ``(c) Mission and Function.--Not later than 1 year after the date 
of the enactment of this section, the Chair of the Task Force shall 
submit to the President and the Council recommendations on how the 
Federal Government may accomplish the following:
            ``(1) Remove barriers, create incentives, and otherwise 
        modernize Federal programs to encourage investments, practices, 
        and partnerships that facilitate increased adaptation and 
        resilience to climate change-related impacts.
            ``(2) Provide climate change preparedness tools and 
        actionable information for States and local communities.
            ``(3) Otherwise support State and local preparedness for 
        and resilience to climate change.
    ``(d) Sunset.--The Task Force shall terminate not later than 6 
months after the date on which the recommendations are submitted 
pursuant to subsection (c).''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 3 of title 5, United States Code, is amended by adding at the 
end the following new items:

              ``subchapter iii--climate change adaptation

        ``321. Definitions.
        ``322. Agency climate change adaptation plans required.
        ``323. Council on Federal Agency Climate PREP.
        ``324. State and Local Leaders Task Force on Federal Agency 
                            Climate PREP''.
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