[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2565 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2565
To establish a Global Climate Change Resilience Strategy, to authorize
the admission of climate-displaced persons, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 26, 2019
Mr. Markey introduced the following bill; which was read twice and
referred to the Committee on Foreign Relations
_______________________________________________________________________
A BILL
To establish a Global Climate Change Resilience Strategy, to authorize
the admission of climate-displaced persons, 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. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. 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 of Foreign Service Officers 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) According to the Intergovernmental Panel on Climate
Change, the Earth's climate is now changing faster than at any
point in history.
(2) The October 2018 report entitled ``Special Report on
Global Warming of 1.5 C'' by the Intergovernmental Panel on
Climate Change and the November 2018 Fourth National Climate
Assessment report 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; and
(C) contributing to an increase in heavy
precipitation in certain locations.
(3) Forced displacement and forced migration are increasing
in the context of environmental changes and climate-induced
disruptions, including weather-related disasters, drought,
famine, and rising sea levels.
(4) Climate-related events and disasters are causing a
person to be displaced from his or her home every second.
(5) The United Nations Human Rights Council has recognized
that climate change poses an existential threat that has
already had a negative impact on the fulfilment of human
rights, specifically noting that--
(A) parties 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.
(6) The Office of the United Nations High Commissioner for
Human Rights has suggested that a person who cannot be
reasonably expected to return to his or her country of origin--
(A) should be considered a victim of forced
displacement; and
(B) should be granted at least a temporary stay in
the country where they have found refuge.
(7) The Intergovernmental Panel on Climate Change affirms
with high confidence that societal adaptations in the near term
can help reduce the risks of climate change throughout the 21st
century.
(8) Since 2013, typhoons and storms in the Philippines have
displaced nearly 15,000,000 people.
(9) Violence in Burma's Rakhine State has forced nearly
1,000,000 Rohingya refugees into Bangladesh, where they are
exposed to the country's vulnerability to the effects of
extreme flooding and landslides worsened by climate change.
(10) In 2019, extreme flooding in Northern and Northeast
India displaced at least 3,000,000 people, including almost
2,000,000 people in the Northern Indian state of Bihar and more
than 1,700,000 people in Northeastern Assam state.
(11) The small Pacific island Nation of Kiribati is
preparing for large swaths of the country to be uninhabitable
and for its people to migrate with the skill to integrate into
their new host nation.
(12) More than 150,000,000 people around the world now live
on land that will be below sea level or regular flood levels by
the end of the century unless adaptation measures are taken.
(13) The effects of climate change also exacerbate social,
economic, and political tensions within and among nations.
(14) In 2014, the Department of Defense Quadrennial Defense
Review cited the effects of climate change as a ``threat
multiplier'' that could aggravate stressors abroad.
(15) In 2016, a memorandum from the National Intelligence
Counsel entitled ``Implications for U.S. National Security of
Anticipated Climate Change'' highlighted how climate change
could create or inflame tensions between nations in already
disputed regions, such as the Arctic.
(16) Continued climate change will drive further
displacement. According to the International Organization for
Migration, by 2050, there could be as many as 200,000,000
climate-displaced persons, including those who are internally
displaced.
(17) The United States has not systematically acted to
address climate displacement or to provide appropriate durable
solutions to those who are displaced.
(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 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 such
responsibilities; and
(B) to ensure that the human rights of climate-
displaced persons are acknowledged, respected,
protected, and fulfilled.
SEC. 3. DEFINITIONS.
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, for
reasons of sudden or progressive change in the environment that
adversely affects his or her life or living conditions--
``(A) is obliged to leave his or her habitual home, either
within his or her country of nationality or in another country;
``(B) is in need of a durable resettlement solution; and
``(C) whose government cannot or will not provide such
durable resettlement solution.''; 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 as the Secretary of
State may delegate to accept applications for climate-displaced person
status.''.
SEC. 4. REQUIRED DATA COLLECTION AND REPORTING.
(a) Data Collection.--The President, in coordination with the
Department of Commerce, the Environmental Protection Agency, the
Department of State, the Director of National Intelligence, the
Department of Defense, and other relevant agencies, shall collect and
maintain data on displacement caused by climate change, including
information from--
(1) the International Organization for Migration;
(2) the United Nations High Commissioner for Refugees;
(3) UNICEF; and
(4) other international organizations that are collecting
such data.
(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 to the appropriate congressional committees that
details the collection and analysis of the data described in subsection
(a). The report required under this subsection shall be submitted in
unclassified form, but may include a classified annex.
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 that--
``(i) promote resilience among communities facing harmful
impacts from climate change; and
``(ii) reduce the vulnerability of persons affected by
climate change.
``(B) There shall be, in the Department of State, a Coordinator of
Climate Change Resilience, who shall coordinate the assistance
authorized under this paragraph.''; 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, shall establish a comprehensive, integrated, 10-year
strategy, which shall be referred to 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 events caused by climate change;
``(B) consider the effects of events caused by 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 events caused by 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;
``(III) advancing diplomatic and political
efforts;
``(IV) guiding security assistance and
related civilian security efforts to mitigate
climate change threats; and
``(V) providing overseas humanitarian
assistance to respond to international and
internal displacement caused by climate change
and to coordinate the pursuit of durable
solutions for climate-displaced persons,
including resettlement into the United States;
``(ii) the United States Agency for International
Development is--
``(I) responsible for overseeing programs
to prevent the effects of events caused by
climate change; and
``(II) the lead implementing agency for
development and related nonsecurity program
policy related to building resilience and
achieving recovery; and
``(iii) other Federal agencies support the
activities of the Department of State and the United
States Agency for International Development, as
appropriate, with the concurrence of the Secretary of
State and the Administrator of the United States Agency
for International Development;
``(G) describe programs that 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 evaluation of programs and objectives in the
Global Climate Change Resilience Strategy; and
``(K) describe how the Global Climate Change Resilience
Strategy will ensure that programs are country-led and context-
specific.
``(3) Not later than 270 days after the date of the enactment of
this subsection, 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
this subsection, 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 regarding the progress made by the Federal
Government in implementing the Global Climate Change Resilience
Strategy.
``(5)(A) Not later than 270 days after the date of the enactment of
this subsection, and annually thereafter, the Comptroller General of
the United States, in cooperation and consultation with the Secretary
of State, shall produce a report evaluating the progress that the
Federal Government has made toward incorporating climate change into
department and agency policies, including 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 the
United States Agency for International Development (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 such
requirements.''.
SEC. 6. TRAINING OF FOREIGN SERVICE OFFICERS IN CLIMATE CHANGE
RESILIENCE.
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) have been displaced,
instruction on climate displacement, including the
Global Climate Change Resilience Strategy established
under section 117(d) of the Foreign Assistance Act of
1961 (22 U.S.C. 2151p(d)).''.
SEC. 7. GUIDANCE ON THE HUMANITARIAN IMPACTS OF CLIMATE CHANGE.
The Secretary of State shall provide guidance to each United States
diplomatic mission, in accordance with Executive Order 13677 (79 Fed.
Reg. 58229), addressing the humanitarian impacts associated with
climate change.
SEC. 8. ADMISSION OF CLIMATE-DISPLACED PERSONS.
(a) Admission of Climate-Displaced Persons.--
(1) In general.--Chapter 4 of title II of the Immigration
and Nationality Act (8 U.S.C. 1221 et seq.) is amended by
adding at the end the following:
``SEC. 244A. CLIMATE-DISPLACED PERSONS.
``(a) Admission Goal.--
``(1) In general.--Notwithstanding section 207, the number
of climate-displaced persons who may be admitted under this
section in any fiscal year (beginning with fiscal year 2020)
shall be not fewer than the greater of--
``(A) 50,000; or
``(B) the number that the President determines,
before the beginning of the fiscal year and after
appropriate consultation with Congress, is justified by
humanitarian concerns or is otherwise in the national
interest.
``(2) Effect of numerical adjustment.--If the President
determines that the number of climate-displaced persons who may
be admitted in a fiscal year based on humanitarian concerns or
the national interest 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 the
requirement to engage in an appropriate consultation
with Congress.
``(b) Admissibility; Applications.--
``(1) In general.--
``(A) Admissibility.--Subject to the numerical
limitation under 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 section
208(b)(2); and
``(iii) is not described in paragraph (2).
``(B) Applications.--Any alien described in
subparagraph (A), regardless of such alien's
immigration status, may apply for admission as a
climate-displaced person if the alien--
``(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 an alien 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), an
alien may not apply for status as a climate-displaced person
if--
``(A) the Secretary of Homeland Security determines
that the alien may be removed, pursuant to a bilateral
or multilateral agreement, to a country (other than the
country of the alien's nationality or, in the case of
an alien having no nationality, the country of the
alien's last habitual residence) that is outside of the
zone in which the sudden or progressive change in the
environment obliged the alien to leave his or her
residence, provided that such determination does not
violate our Nation's human rights obligations;
``(B) the application is not filed within 1 year
after the date of the alien's arrival in the United
States; or
``(C) an earlier application by the alien for
climate-displaced person status has been denied.
``(3) Exceptions.--
``(A) Unaccompanied alien children.--Paragraph (2)
shall not apply to unaccompanied alien children (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 alien
demonstrates, to the satisfaction of the Secretary of
Homeland Security that--
``(i) extraordinary circumstances prevented
the alien 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 also accept applications submitted on behalf of
eligible applicants for climate-displaced person status
by qualified international agencies.
``(4) Contents.--Applications 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 an alien has applied for, and
been denied, climate-displaced person status on 2 or
more previous occasions, the Secretary may charge a
reasonable fee for 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.--An alien who qualifies for climate-
displaced person status under this section shall be eligible
for resettlement assistance, entitlement programs, and other
benefits available to refugees admitted under 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 an alien 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 alien.
``(B) Treatment of children.--An unmarried alien
who seeks to accompany, or follow to join, a parent
granted climate-displaced person status under this
section, and who was younger than 21 years of age on
the date on which such parent applied for such status,
shall continue to be classified as a child for purposes
of this subsection and section 209(b)(3), if the alien
attains 21 years of age while such application is
pending.
``(d) Grounds for Ineligibility.--An alien may not be admitted as a
climate-displaced person under this section if the alien is described
in section 208(b)(2).''.
(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 244 the
following:
``Sec. 244A. 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 by inserting ``or 244A''
before the em dash immediately preceding subparagraph (A).
(c) Savings Provision.--
(1) In general.--Nothing in section 244A 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 244A 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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