[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4736 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4736

To prepare the United States for the impacts of climate change, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2020

  Ms. Klobuchar (for herself, Mrs. Gillibrand, Ms. Stabenow, and Ms. 
Smith) introduced the following bill; which was read twice and referred 
     to the Committee on Homeland Security and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
To prepare the United States for the impacts of 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 ``Climate Planning, Resilience, and 
Enhanced Preparedness Act of 2020'' or the ``Climate PREP Act''.

SEC. 2. 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 Act, the head of 
each agency shall submit to the Director and the Chair 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 Act.
            (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 
        chain, 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 and the Chair 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. 3. COUNCIL ON CLIMATE PREPAREDNESS AND RESILIENCE.

    (a) Establishment.--There is established an interagency counsel, to 
be known as the Council on Climate Preparedness and Resilience (in this 
section referred to as the ``Council'').
    (b) Co-Chairs.--There shall be three Chairs of the Task Force 
(collectively known as the `Co-Chairs') made up of the Chair, 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 Co-Chairs, 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 Council on Environmental Quality 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 Chair 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 Co-Chairs shall designate members of 
the Council to serve as a steering committee, which shall help 
determine priorities and strategic direction for the Council in 
accordance with subsection (f). The Co-Chairs 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 4), 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 Co-Chairs may determine 
        necessary, including implementing, as appropriate, the 
        recommendations of the State and Local Leaders Task Force on 
        Climate Change Preparedness and Resilience established in 
        section 4.

SEC. 4. STATE AND LOCAL LEADERS TASK FORCE ON CLIMATE CHANGE 
              PREPAREDNESS AND RESILIENCE.

    (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 Climate Change 
Preparedness and Resilience (in this section referred to as the ``Task 
Force'').
    (b) Membership.--The Co-Chairs of the Task Force shall be the Chair 
and the Director of the White House Office of Intergovernmental 
Affairs. In addition to the Co-Chairs, the members shall be such 
elected State and local officials as may be invited by the Co-Chairs 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 Act, the Co-Chairs of the Task Force shall submit 
to the President and the Council recommendations on how the Federal 
Government may accomplish do 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).

SEC. 5. DEFINITIONS.

    In this Act:
            (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 of title 5, United 
        States Code, but does not include the Government Accountability 
        Office.
            (3) Chair.--The term ``Chair'' means the Chairman of the 
        Council on Environmental Quality.
            (4) 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.
            (5) Director.--The term ``Director'' means the Director of 
        the Office of Management and Budget.
            (6) 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.
            (7) Impact.--The term ``impact'' means consequences, both 
        realized and expected, for natural and human systems.
            (8) 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.
            (9) 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.
            (10) 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.
            (11) 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.
            (12) 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.
                                 <all>