[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 3156 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                S. 3156

   To require Federal agencies to maintain plans for responding to, 
  mitigating, and adapting to climate change, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 3, 2021

Ms. Klobuchar (for herself, Ms. Smith, Mr. Murphy, Mr. Van Hollen, Ms. 
 Warren, Ms. Stabenow, and Mr. Durbin) introduced the following bill; 
which was read twice and referred to the Committee on Homeland Security 
                        and Governmental Affairs

_______________________________________________________________________

                                 A BILL


 
   To require Federal agencies to maintain 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 2021'' or the ``Federal 
Agency Climate PREP Act of 2021''.

SEC. 2. CLIMATE ACTION PLANS.

    (a) Agency Climate Action Plans Required.--Not later than 1 year 
after the date of enactment of this Act, the head of each agency shall 
submit to the Director an agency climate action plan.
    (b) Contents of Plan.--Each agency climate action 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 mitigate and manage the impacts and risks identified 
        in paragraph (1) and build resilience, both immediately and at 
        milestones that are 2, 5, 10, and 20 years after the date of 
        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.
            (5) A description of how the agency will consider the need 
        to improve climate change adaptation and resilience, 
        including--
                    (A) an assessment that monetizes the costs and 
                benefits of such improvement, including the value of 
                climate change adaptation, resilience, and mitigation; 
                and
                    (B) 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.
            (6) In the case of the implementation of a program that 
        uses cost-benefit analyses, a description of any additional 
        methodologies used by the agency to incorporate climate change 
        risks into the cost-benefit analyses, including the metrics and 
        methodologies used.
            (7) An assessment of the efforts of the agency to reverse 
        the disproportionate impacts of climate change on disadvantaged 
        communities and vulnerable populations, including--
                    (A) a description of opportunities identified to 
                reverse those impacts;
                    (B) a description of progress made in reversing 
                those impacts; and
                    (C) a description of the methodology of the agency 
                for actively and widely soliciting and receiving input 
                and feedback directly from those communities and 
                populations regarding the opportunities and progress 
                described in subparagraphs (A) and (B).
            (8) A description of how the agency will promote the 
        preparedness and resilience of the Federal workforce with 
        respect to climate change.
            (9) A description of how the agency will contribute to 
        coordinated interagency efforts to support climate change 
        mitigation, 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.--The head of each agency shall submit to the 
Director an annual report on the implementation of the agency climate 
action plans required pursuant to subsection (a), including updated 
identification and assessments of climate change-related impacts and 
risks.

SEC. 3. COUNCIL ON FEDERAL AGENCY CLIMATE PLANNING, RESILIENCE, AND 
              ENHANCED PREPAREDNESS.

    (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 PREP'' (referred to in this section as the ``Council'').
    (b) Leadership.--The Director shall--
            (1) serve as the Chair of the Council; and
            (2) be guided as Chair of the Council by a steering 
        committee (referred to in this section as the ``steering 
        committee''), which shall help to determine the priorities and 
        strategic direction of the Council in accordance with 
        subsection (f), composed of--
                    (A) the National Climate Advisor established under 
                section 4(b);
                    (B) the Chair of the Council on Environmental 
                Quality; and
                    (C) the Director of the Office of Science and 
                Technology Policy.
    (c) Members.--In addition to the Director and members of the 
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 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 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 White House Office of Public Engagement and 
        Intergovernmental Affairs.
            (31) The United States Trade Representative.
            (32) Such other agencies or offices as the President or 
        Director shall designate.
    (d) Administration.--
            (1) In general.--The Office of Management and Budget shall 
        provide administrative support and additional resources, as 
        appropriate, to the Council.
            (2) Agency assistance.--Agencies shall assist and provide 
        information to the Council determined to be necessary by the 
        Chair to carry out the functions of the Council.
            (3) Participation costs.--Each agency represented on the 
        Council shall pay its own expenses related to participating as 
        members of the Council.
    (e) Council Structure.--The Director and the steering committee may 
establish task forces and working groups within the Council as needed.
    (f) Mission and Function of the Council.--The Council, in 
partnership with State and local governments, academic and research 
institutions, and the private and nonprofit sectors, shall coordinate 
with Federal agencies and offices to do the following:
            (1) Facilitate the organization and deployment of a 
        government-wide approach to combat the climate crisis.
            (2) Develop, recommend, coordinate interagency efforts on, 
        and track implementation of Federal Government actions--
                    (A) to reduce climate pollution;
                    (B) to increase resilience to the impacts of 
                climate change;
                    (C) to protect public health;
                    (D) to conserve land, water, oceans, and 
                biodiversity;
                    (E) to deliver environmental justice; and
                    (F) to spur well-paying union jobs and economic 
                growth.
            (3) Provide expertise to assist regional, State, and local 
        action--
                    (A) to reduce climate pollution;
                    (B) to increase resilience to the impacts of 
                climate change;
                    (C) to protect public health;
                    (D) to conserve land, water, oceans, and 
                biodiversity;
                    (E) to deliver environmental justice; and
                    (F) to spur well-paying union jobs and economic 
                growth.
            (4) Integrate climate change science in policies and 
        planning, where appropriate, for agencies and the private 
        sector, including by developing and deploying innovative, 
        actionable, and accessible Federal climate change related 
        information, data, and tools.
            (5) To the extent permitted by law, prioritize action on 
        climate change in policymaking, budget processes, contracting 
        and procurement, and engagement with governments, workers, 
        communities, and the private sector.
            (6) Such other actions as the Director may determine 
        necessary.

SEC. 4. WHITE HOUSE OFFICE OF DOMESTIC CLIMATE POLICY.

    (a) Establishment.--There is established, within the Executive 
Office of the President, the Office of Domestic Climate Policy 
(referred to in this section as the ``Office'').
    (b) National Climate Advisor.--
            (1) In general.--The Office shall be headed by the National 
        Climate Advisor (referred to in this section as the 
        ``Advisor''), whom shall be appointed by the President.
            (2) Position.--The Advisor shall hold office at the 
        pleasure of the President.
            (3) Pay and allowances.--The Advisor shall be entitled to 
        receive the same pay and allowances as is provided for level II 
        of the Executive Schedule under section 5313 of title 5, United 
        States Code.
            (4) Duties of the national climate advisor.--Subject to the 
        authority, direction, and control of the President, the Advisor 
        shall--
                    (A) coordinate the policymaking process with 
                respect to domestic climate policy issues;
                    (B) coordinate domestic climate policy advice to 
                the President;
                    (C) ensure that--
                            (i) domestic climate policy decisions and 
                        programs are consistent with the stated goals 
                        of the President; and
                            (ii) those goals are being effectively 
                        pursued; and
                    (D) monitor the implementation of the domestic 
                climate policy agenda of the President.
            (5) Powers of the national climate advisor.--The Advisor 
        may, for the purposes of carrying out the functions of the 
        Advisor under this section--
                    (A) subject to the civil service and classification 
                laws--
                            (i) select, appoint, employ, and fix the 
                        compensation of such officers and employees as 
                        are necessary; and
                            (ii) prescribe the duties of those officers 
                        and employees;
                    (B)(i) employ experts and consultants in accordance 
                with section 3109 of title 5, United States Code, and 
                compensate individuals so employed for each day 
                (including travel time) at rates not in excess of the 
                maximum rate of basic pay for grade GS-15, as provided 
                in section 5332 of that title; and
                    (ii) while those experts and consultants are so 
                serving away from their homes or regular places of 
                business, pay those experts and consultants travel 
                expenses and per diem in lieu of subsistence at rates 
                authorized by section 5703 of that title for 
                individuals employed intermittently in the Federal 
                Government service;
                    (C) promulgate such rules and regulations as may be 
                necessary to carry out the functions, powers, and 
                duties vested in the Advisor;
                    (D) enter into and perform under such contracts, 
                leases, cooperative agreements, or other transactions 
                with Federal agencies or any public or private persons 
                or entities as may be necessary in the conduct of the 
                work of the Office, on such terms as the Advisor may 
                determine appropriate;
                    (E) notwithstanding section 1342 of title 31, 
                United States Code, accept voluntary and uncompensated 
                services;
                    (F) adopt an official seal, which shall be 
                judicially noticed; and
                    (G) provide, when authorized by law, copies of 
                documents to persons at cost, except that any funds so 
                received shall be credited to, and be available for use 
                from, the account from which expenditures relating to 
                the documents were made.

SEC. 5. DEFINITIONS.

    In this Act:
            (1) Adaptation.--The term ``adaptation'' means adjustment 
        to natural or human systems in response to actual or expected 
        climate change, including both sudden-onset and slow-onset 
        climate change-related risks or events assessed through 
        historical data, recent climate conditions and risks, and 
        climate change projections, to minimize negative impacts on 
        human health and safety, equity, ecosystems, and the 
        environment.
            (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) 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) Disadvantaged community.--The term ``disadvantaged 
        community'' means a community that is harmed by environmental, 
        economic, or socioeconomic injustice, including--
                    (A) a community that--
                            (i) has a high concentration of low-income 
                        and low-wealth households, including households 
                        comprised primarily of members of groups that 
                        have historically experienced discrimination on 
                        the basis of race, gender, national origin, or 
                        ethnicity (including Black, Indigenous, Latino, 
                        Arab, Asian, and Pacific Islander communities); 
                        or
                            (ii) faces economic transition, 
                        deindustrialization, historic underinvestment, 
                        or poverty; and
                    (B) a low-income or low-wealth community facing 
                environmental injustice, including any community that, 
                as determined by the Director--
                            (i) is located nearest to an existing area 
                        of grave environmental pollution or 
                        degradation;
                            (ii) bears a burden of negative public 
                        health effects of pollution;
                            (iii) includes one or more sites of--
                                    (I) a facility that is part of a 
                                polluting industry;
                                    (II) a waste dump; or
                                    (III) a facility for resource 
                                extraction;
                            (iv) experiences a high incidence of 
                        climate change-related impacts and disasters;
                            (v) has been excluded or harmed by racist 
                        or discriminatory policies that have resulted 
                        in economic or health disparities;
                            (vi) faces relocation and resettlement 
                        resulting from--
                                    (I) climate change;
                                    (II) impacts to the environment and 
                                ecosystems from climate change; or
                                    (III) impacts associated with 
                                economic inequities; or
                            (vii) is an Indigenous community.
            (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 a potential exposure to 
        danger as a result of the impacts of climate change, including 
        a potential exposure to such danger that results from societal 
        constraints that 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.
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