[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3204 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 3204

To direct the Administrator of the Federal Emergency Management Agency 
 to revise the policy of the Agency to address the threats of climate 
 change, to include considerations of climate change in the strategic 
              plan of the Agency, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 16, 2020

  Mr. Markey introduced the following bill; which was read twice and 
referred to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To direct the Administrator of the Federal Emergency Management Agency 
 to revise the policy of the Agency to address the threats of climate 
 change, to include considerations of climate change in the strategic 
              plan of the Agency, 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 ``FEMA Climate Change Preparedness 
Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Under the previous administration, FEMA's 2014-2018 
        Strategic Plan explicitly mentioned and referenced climate 
        change as a source of changing and increasing national disaster 
        risks, in the near and long term, that--
                    (A) must be effectively integrated into the 
                Agency's risk assessment resources and processes; and
                    (B) the entire emergency management community will 
                need to adapt appropriately to as they strengthen their 
                risk management programs.
            (2) In FEMA's 2018-2022 Strategic Plan, despite the 
        mounting threat posed by climate change, the term ``climate 
        change'' is entirely absent from the text.
            (3) It is the general consensus of the global scientific 
        community that--
                    (A) the evidence of climate change is unequivocal;
                    (B) anthropogenic greenhouse gas emissions are the 
                primary cause of climate change; and
                    (C) as a direct result of climate change, sea 
                levels are rising and extreme weather events are 
                becoming more commonplace and severe.
            (4) The last 5 years have been the warmest years on record 
        since the National Oceanic and Atmospheric Administration began 
        recording global air temperatures in 1895.
            (5) 2017, one of the three warmest years on record, was 
        also the most expensive year on record for emergency disaster 
        costs in the United States due to 16 weather and climate 
        disasters.
            (6) It is the mission of FEMA to reduce the loss of life 
        and property and protect our institutions from all hazards by 
        leading and supporting the Nation in a comprehensive, risk-
        based emergency management program of mitigation, preparedness, 
        response, and recovery.
            (7) It is detrimental to the mission of FEMA, and the 
        Agency's ability to follow its mandate, to explicitly or 
        implicitly deny or ignore the existence of climate change or 
        the implications of such on national security and national 
        emergency management.
            (8) To fully and effectively carry out its mandate, FEMA 
        must comprehensively assess and incorporate the current and 
        future natural disaster risks and impacts posed by climate 
        change throughout the Agency's policies, plans, programs, 
        strategies, and operations.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of FEMA.
            (2) Agency; fema.--The terms ``Agency'' and ``FEMA'' mean 
        the Federal Emergency Management Agency.
            (3) Climate change.--The term ``climate change'' means the 
        long-term shifts in global and regional climate patterns, and 
        associated phenomena, that are occurring primarily as a result 
        of anthropogenic greenhouse gas emissions.
            (4) Extreme weather events.--The term ``extreme weather 
        events'' means historically rare or severe natural disasters 
        such as heat waves, droughts, floods, tornadoes, and 
        hurricanes.
            (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) Sea-level rise.--The term ``sea-level rise'' means the 
        local, regional, and global long-term trends in rising average 
        sea levels that are occurring as a direct result of climate 
        change and additional local factors such as land subsidence.

SEC. 4. STATEMENTS OF INTENT AND POLICY.

    Section 101 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (5), by striking ``and'' at the 
                end;
                    (B) in paragraph (6), by adding a semicolon at the 
                end; and
                    (C) by adding at the end the following:
            ``(7) integrating, to the greatest extent practicable, 
        climate change adaptation planning and actions into the 
        programs, policies, and operations of the Federal Emergency 
        Management Agency; and
            ``(8) assisting State, local, volunteer, and private 
        partners in preparing for and mitigating the risks posed by 
        climate change as listed in subsection (c)(2), as well as any 
        other climate change risks.''; and
            (2) by adding at the end the following:
    ``(c) Climate Change.--It is the policy of the Federal Emergency 
Management Agency to recognize that--
            ``(1) climate change is--
                    ``(A) an irrefutable, multidimensional, and 
                significant near and long-term threat to United 
                States--
                            ``(i) homeland security;
                            ``(ii) national security; and
                            ``(iii) national disaster risk; and
                    ``(B) primarily caused by anthropogenic greenhouse 
                gas emissions; and
            ``(2) as a direct result of climate change, the United 
        States faces the increased threat of--
                    ``(A) changing, more frequent, and more severe 
                extreme weather events;
                    ``(B) rising natural hazard risk;
                    ``(C) disruptions to or failure of critical 
                infrastructure;
                    ``(D) sea-level rise;
                    ``(E) internal population displacement;
                    ``(F) the spread of life-threatening diseases;
                    ``(G) rising annual disaster costs; and
                    ``(H) disproportionately high risks and impacts to 
                low-income communities, communities of color, Tribal 
                communities, and other frontline communities.''.

SEC. 5. DEFINITIONS IN THE STAFFORD ACT.

    Section 102 of the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5122) is amended by adding at the end the 
following:
            ``(13) Climate change.--The term `climate change' means the 
        long-term shifts in global and regional climate patterns, and 
        associated phenomena, that are occurring primarily as a result 
        of anthropogenic greenhouse gas emissions.
            ``(14) Extreme weather events.--The term `extreme weather 
        events' means historically rare or severe natural disasters 
        such as heat waves, droughts, floods, tornadoes, and 
        hurricanes.
            ``(15) 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.
            ``(16) Sea-level rise.--The term `sea-level rise' means the 
        local, regional, and global long-term trends in rising average 
        sea levels that are occurring as a direct result of climate 
        change and additional local factors such as land subsidence.''.

SEC. 6. INCLUSION OF CLIMATE CHANGE IN STRATEGIC PLAN.

    (a) Current Strategic Plan.--
            (1) In general.--Not later than 180 days after the date of 
        enactment of this Act, the Administrator shall revise the 2018-
        2022 Strategic Plan to--
                    (A) ensure that the text of the plan explicitly 
                mentions climate change, in accordance with the policy 
                of FEMA in section 101 of the Robert T. Stafford 
                Disaster Relief and Emergency Assistance Act (42 U.S.C. 
                5121), as amended by section 4; and
                    (B) address the implications of climate change on 
                homeland security and near- and long-term national 
                disaster risk, including emergency preparedness, 
                response, recovery, and mitigation.
            (2) Briefing.--Not later than 180 days after the date of 
        enactment of this Act, appropriate personnel of FEMA shall--
                    (A) brief the Committee on Homeland Security and 
                Governmental Affairs of the Senate and the Committee on 
                Homeland Security of the House of Representatives on 
                the process and rationale that resulted in the 
                exclusion of references to climate change from the 
                originally published 2018-2022 Strategic Plan; and
                    (B) if requested by the Chair of the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate or the Committee on Homeland Security of the 
                House of Representatives, provide to that committee a 
                written report describing that process and rationale.
    (b) Future Strategic Plans.--Any strategic plan subsequent to the 
2018-2022 Strategic Plan developed by FEMA shall--
            (1) explicitly mention climate change, in accordance with 
        the policy of FEMA under section 101 of the Robert T. Stafford 
        Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121), 
        as amended by section 4; and
            (2) address the implications of climate change on homeland 
        security and near- and long-term national disaster risk, 
        including emergency preparedness, response, recovery, and 
        mitigation, drawing upon findings and recommendations, once 
        available, from the Climate Change Subcommittee described in 
        section 7 and the assessment of climate change risks and 
        preparedness described in section 8.

SEC. 7. NATIONAL ADVISORY COUNCIL CLIMATE CHANGE SUBCOMMITTEE.

    (a) Establishment.--Not later than 60 days after the date of 
enactment of this Act, the Secretary of Homeland Security shall 
establish, as a subcommittee of the National Advisory Council, the 
Climate Change Subcommittee (in this Act referred to as the 
``Subcommittee'').
    (b) Membership.--
            (1) In general.--Notwithstanding any other provision of 
        law, the Subcommittee shall consist of--
                    (A) the Administrator of FEMA;
                    (B) the Director of the United States Geological 
                Survey of the Department of the Interior;
                    (C) the Director of the Bureau of Safety and 
                Environmental Enforcement of the Department of the 
                Interior;
                    (D) the Under Secretary of Commerce for Oceans and 
                Atmosphere;
                    (E) the Commanding Officer of the United States 
                Army Corps of Engineers;
                    (F) the Director of the Office of Homeland Security 
                and Emergency Coordination of the Department of 
                Agriculture;
                    (G) the Executive Director of the Federal Highway 
                Administration of the Department of Transportation;
                    (H) the Executive Director of the Federal Transit 
                Administration of the Department of Transportation;
                    (I) the Under Secretary of Energy of the Department 
                of Energy;
                    (J) the Commissioner of the Federal Housing 
                Administration of the Department of Housing and Urban 
                Development;
                    (K) the Assistant Administrator of the Office of 
                Land and Emergency Management of the Environmental 
                Protection Agency;
                    (L) the Acting Director of the Center for 
                Preparedness and Response of the Department of Health 
                and Human Services;
                    (M) such other qualified individuals as the 
                Administrator shall appoint as soon as practicable from 
                among--
                            (i) members of the National Advisory 
                        Council who have the requisite technical 
                        knowledge and expertise to address climate 
                        change threats to homeland security, 
                        including--
                                    (I) emergency management and 
                                emergency response providers;
                                    (II) State, local, and Tribal 
                                government officials;
                                    (III) climate scientists and 
                                experts in natural disaster risk 
                                assessment; and
                                    (IV) experts in climate change 
                                adaption, mitigation, and resilience; 
                                and
                            (ii) individuals who have the requisite 
                        technical knowledge and expertise to serve on 
                        the Subcommittee, including not less than 1 
                        representative from each of--
                                    (I) an environmental justice 
                                organization representing low-income 
                                communities and communities of color 
                                that are disproportionately impacted by 
                                climate change;
                                    (II) a Tribal community that is 
                                disproportionately impacted by climate 
                                change or environmental pollution;
                                    (III) an organized labor group 
                                within the resilient infrastructure 
                                sector;
                                    (IV) a private-sector company that 
                                designs, develops, or constructs 
                                resilient infrastructure, or an 
                                organization that represents those 
                                companies;
                                    (V) a city or county that is 
                                directly impacted by coastal sea-level 
                                rise;
                                    (VI) a State that is directly 
                                impacted by coastal sea-level rise;
                                    (VII) a city or county that is 
                                highly impacted by wildfires or 
                                droughts;
                                    (VIII) a State that is highly 
                                impacted by wildfires or droughts;
                                    (IX) scientists with expertise in 
                                climate science and natural disaster 
                                risk assessment who are faculty members 
                                at an accredited university; and
                                    (X) experts in homeland security 
                                threat assessment and intelligence 
                                analysis, especially as it concerns 
                                natural disasters; and
                    (N) representatives of such other stakeholders and 
                interested and affected parties as the Administrator 
                determines appropriate.
            (2) Representation.--The Administrator shall ensure, to the 
        extent practicable, that members of the Subcommittee represent 
        a geographic (including urban, rural, and coastal) and 
        substantive diversity of State, local, and Tribal government 
        officials, emergency managers, and emergency response 
        providers, scientific and technical experts, private sector 
        companies, and nongovernmental organizations.
    (c) Responsibilities.--The Subcommittee shall advise the 
Administrator on how to best incorporate climate change, including risk 
assessments and strategies for adaptation and mitigation, into and 
throughout the policies, plans, programs, and operations of FEMA, 
including through the performance of the following duties:
            (1) Assessment.--Not later than 18 months after the date of 
        enactment of this Act, the Subcommittee shall develop and 
        submit to the Administrator and Congress, and make available to 
        the public, an assessment of all relevant FEMA policies, plans, 
        programs, strategies, and operations with a focus on climate 
        change-related risks, impacts, adaptation, preparedness, 
        mitigation, and resilience, which assessment shall address--
                    (A) existing and future risks and impacts posed by 
                climate change to States, cities, and communities 
                throughout the United States, including the current and 
                potential impacts of climate change on national 
                emergency management, annual disaster costs, and 
                natural disaster mitigation, preparedness, response, 
                and recovery;
                    (B) the extent to which climate change, including 
                risk assessments, resilience, adaptation, and 
                mitigation, is, as of the date of the assessment, 
                integrated within FEMA policies, plans, programs, 
                strategies, and operations, as well as the extent to 
                which and areas where that integration is lacking;
                    (C) the extent to which climate change, including 
                risk assessments, resilience, adaptation, and 
                mitigation, is, as of the date of the assessment, 
                incorporated into technical assistance, outreach, 
                grant, and loan programs, as well as the extent to 
                which and programs where such integration is lacking;
                    (D) partnerships and coordination with Federal, 
                State, and local agencies and authorities, as well as 
                volunteer and private entities;
                    (E) data collection, management, and analysis;
                    (F) recommendations regarding how FEMA can better 
                incorporate climate change throughout FEMA policies, 
                plans, programs, strategies, and operations, which 
                shall address--
                            (i) risk assessments, including ways to 
                        more comprehensively predict and incorporate 
                        existing and future risks as they relate to 
                        climate change;
                            (ii) strategies to increase climate change 
                        adaptation, mitigation, and resilience in 
                        communities throughout the United States;
                            (iii) ways to ensure that investments and 
                        strategies around climate change adaptation, 
                        mitigation, and resilience benefit all 
                        communities, especially frontline communities;
                            (iv) critical information, communication, 
                        and policy gaps, barriers, and challenges;
                            (v) technical assistance, outreach, grant, 
                        and loan programs, including ways that FEMA can 
                        use and expand those programs to increase 
                        climate change preparedness throughout the 
                        emergency management community and strengthen 
                        climate change adaptation, mitigation, and 
                        resilience across the United States, 
                        particularly in frontline communities;
                            (vi) coordination with all relevant 
                        partners, including Federal, State, and local 
                        agencies and authorities, as well as private 
                        entities and volunteers;
                            (vii) monitoring, recording, and analyzing 
                        FEMA actions, data management, and budget 
                        allocations to help advance climate resilience;
                            (viii) methodologies for integrating and 
                        disseminating scientific knowledge of projected 
                        climate change impacts and risks, and other 
                        relevant data and information, into policies, 
                        guidance, and public communications;
                            (ix) platforms for sharing best practices, 
                        information, and lessons learned with the 
                        emergency management community in the United 
                        States and general public, including public web 
                        pages, webinars, and workshops;
                            (x) FEMA's 2018-2022 Strategic Plan, and 
                        ways for FEMA to better incorporate climate 
                        change into all future strategic plans; and
                            (xi) any other matters as the Administrator 
                        determines to be appropriate; and
                    (G) timeframes for implementing any recommendations 
                under subparagraph (F) that do not require 
                congressional action, and the identification of any 
                recommendations that require congressional action.
            (2) Ongoing duties.--Upon request of the Administrator, the 
        Subcommittee shall, on an ongoing basis--
                    (A) review any relevant Agency policies, plans, 
                programs, strategies, and operations, and make any 
                necessary recommendations thereof, regarding climate 
                change;
                    (B) support the Administrator in incorporating and 
                implementing findings and recommendations from the 
                assessment described in paragraph (1) into all relevant 
                Agency policies, plans, programs, strategies, and 
                operations, including the assessment of climate change 
                risks and preparedness described in section 8; and
                    (C) perform any other relevant duties as the 
                Administrator determines to be appropriate.
    (d) Public Meetings.--In carrying out its duties under this 
section, the Subcommittee shall--
            (1) consult with stakeholders through not less than 2 
        public meetings each year, the total of which not less than 3 
        shall be during the time in which the Subcommittee is 
        conducting the assessment described in subsection (c)(1); and
            (2) seek input from all stakeholder interests including 
        State and local representatives, environmental and climate 
        justice organizations, private industry representatives, 
        advocacy groups, planning and resilience organizations, labor 
        representatives, and representatives from frontline 
        communities.
    (e) Compensation and Expenses.--Any non-federally employed member 
of the Subcommittee, when attending meetings of the Subcommittee or 
when otherwise engaged in the business of the Subcommittee, shall 
receive--
            (1) compensation at a rate fixed by the Secretary of 
        Homeland Security, not exceeding the daily equivalent of the 
        current rate of basic pay in effect for GS-15 of the General 
        Schedule under section 5332 of title 5, United States Code, 
        including travel time; and
            (2) travel or transportation expenses under section 5703 of 
        title 5, United States Code.
    (f) Chair.--The Administrator shall serve as the Chair of the 
Subcommittee.
    (g) Staff.--
            (1) FEMA.--Upon request of the Subcommittee, the 
        Administrator may detail, on a non-reimbursable basis, 
        personnel of FEMA to assist the Subcommittee in carrying out 
        the duties of the Subcommittee.
            (2) Other federal agencies.--Upon request of the 
        Subcommittee, any other Federal agency that is a member of the 
        Subcommittee may detail, on a nonreimbursable basis, personnel 
        to assist the Subcommittee in carrying out the duties of the 
        Subcommittee.
    (h) Powers.--In carrying out this section, the Subcommittee may 
hold hearings, receive evidence and assistance, provide information, 
conduct research, and author reports as the Subcommittee considers 
appropriate.
    (i) Termination.--The Subcommittee shall terminate not later than 3 
years after the submission of the assessment required under subsection 
(c)(1).
    (j) Updates and Implementation.--
            (1) In general.--Beginning not later than 90 days after the 
        submission of the assessment under subsection (c)(1), the 
        Administrator shall--
                    (A) coordinate the implementation of the 
                recommendations, and actions to address the findings, 
                as described in the assessment, where appropriate; and
                    (B) provide updates annually thereafter, until the 
                date that is 1 year after the date on which the 
                Subcommittee terminates, to the Committee on Homeland 
                Security and Governmental Affairs of the Senate and the 
                Committee on Homeland Security of the House of 
                Representatives containing--
                            (i) the implementation status of the 
                        findings and recommendations of the assessment; 
                        and
                            (ii) any other findings and recommendations 
                        that the Subcommittee may provide in the course 
                        of the duties of the Subcommittee.
            (2) Findings.--Not later than 2 years after the date of 
        enactment of this Act, and annually thereafter until the 
        termination of the Subcommittee, the Administrator shall submit 
        to the Committee on Homeland Security and Governmental Affairs 
        of the Senate and the Committee on Homeland Security of the 
        House of Representatives and make available to the public a 
        report on the actions taken by the Administrator to incorporate 
        and implement the findings and recommendations from the 
        assessment described in subsection (c)(1), and any other 
        findings and recommendations that the Subcommittee may provide, 
        into all relevant Agency policies, plans, programs, strategies, 
        and operations.

SEC. 8. ASSESSMENT OF CLIMATE CHANGE RISKS AND PREPAREDNESS.

    (a) In General.--Not later than 4 years after the date of enactment 
of this Act, and every 4 years thereafter, the Administrator shall 
publish as a report, submit to the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives, and make available to 
Congress and the public, a comprehensive assessment of climate change 
risks and preparedness, which shall--
            (1) incorporate and expand upon the findings and 
        recommendations made by the Subcommittee;
            (2) identify, predict, and assess existing and future 
        natural disaster risks and impacts posed by climate change to 
        States, cities, and communities throughout the United States, 
        including the current and potential impact to annual disaster, 
        mitigation, and insurance costs, as well as to natural disaster 
        mitigation, adaptation, preparedness, response, and recovery 
        capabilities and efforts.
            (3) identify, predict, and assess risks and impacts to 
        frontline communities, particularly low-income communities, 
        communities of color, and Tribal communities;
            (4) assess the current state of preparedness throughout the 
        emergency management community, and across all levels of 
        government, in relation to the expected natural disaster risks 
        and impacts posed by climate change;
            (5) identify steps taken by FEMA to integrate climate 
        change into all relevant Agency policies, plans, programs, 
        strategies, and operations;
            (6) identify measures taken by FEMA to increase climate 
        change resilience, adaptation, and mitigation throughout the 
        United States, and to increase overall preparedness of the 
        entire emergency management community;
            (7) provide recommendations and best practices for how 
        FEMA, all relevant partners, and the emergency management 
        community in the United States can better prepare for, 
        mitigate, and adapt to the present and future national disaster 
        risks and impacts posed by climate change, including specific 
        recommendations and best practices for increasing climate 
        change resilience, adaptation, and mitigation in frontline 
        communities;
            (8) describe climate change mitigation, adaptation, and 
        resilience methods adopted in not less than 5 communities 
        across the United States, including not less than--
                    (A) 1 urban community;
                    (B) 1 rural community;
                    (C) 1 coastal community; and
                    (D) 1 frontline community; and
            (9) incorporate any other components and sections as the 
        Administrator determines appropriate.
    (b) Methodology.--Not later than 3 years after the date of 
enactment of this Act, the Secretary shall report to the Committee on 
Homeland Security and Governmental Affairs of the Senate and the 
Committee on Homeland Security of the House of Representatives on the 
methodology that will be used to conduct the analysis and produce the 
assessment required under subsection (a).
                                 <all>