[Congressional Record Volume 163, Number 69 (Monday, April 24, 2017)]
[Senate]
[Pages S2494-S2495]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN:
S. 922. A bill to establish the Climate Change Advisory Commission to
develop recommendations, frameworks, and guidelines for projects to
respond to the impacts of climate change, to issue Federal obligations,
the proceeds of which shall be used to fund projects that aid in
adaptation to climate change, and for other purposes; to the Committee
on Finance.
Mr. DURBIN. Mr. President, I ask unanimous consent that the text of
the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 922
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Climate
Change Adapt America Fund Act of 2017''.
(b) Table of Contents.--
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CLIMATE CHANGE ADVISORY COMMISSION
Sec. 101. Establishment of Climate Change Advisory Commission.
Sec. 102. Duties.
Sec. 103. Commission personnel matters.
Sec. 104. Funding.
Sec. 105. Termination.
TITLE II--ADAPT AMERICA FUND
Sec. 201. Adapt America Fund.
Sec. 202. Compliance with Davis-Bacon Act.
Sec. 203. Funding.
TITLE III--REVENUE
Sec. 301. Climate Change Obligations.
Sec. 302. Promotion.
SEC. 2. DEFINITIONS.
Except as otherwise provided, in this Act:
(1) Commission.--The term ``Commission'' means the Climate
Change Advisory Commission established by section 101(a).
(2) Fund.--The term ``Fund'' means the Adapt America Fund
established by section 201(a)(1).
(3) Qualified climate change adaptation purpose.--
(A) In general.--The term ``qualified climate change
adaptation purpose'' means an objective with a demonstrated
intent to reduce the economic, social, and environmental
impact of the adverse effects of climate change.
(B) Inclusions.--The term ``qualified climate change
adaptation purpose'' includes--
(i) infrastructure resiliency and mitigation;
(ii) improved disaster response; and
(iii) ecosystem protection.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
TITLE I--CLIMATE CHANGE ADVISORY COMMISSION
SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY
COMMISSION.
(a) In General.--There is established a commission to be
known as the ``Climate Change Advisory Commission''.
(b) Membership.--The Commission shall be composed of 11
members--
(1) who shall be selected from the public and private
sectors and institutions of higher education; and
(2) of whom--
(A) 3 shall be appointed by the President, in consultation
with the Interagency Climate Change Adaptation Task Force;
(B) 2 shall be appointed by the Speaker of the House of
Representatives;
(C) 2 shall be appointed by the minority leader of the
House of Representatives;
(D) 2 shall be appointed by the majority leader of the
Senate; and
(E) 2 shall be appointed by the minority leader of the
Senate.
(c) Terms.--Each member of the Commission shall be
appointed for the life of the Commission.
(d) Initial Appointments.--Each member of the Commission
shall be appointed not later than 90 days after the date of
enactment of this Act.
(e) Vacancies.--A vacancy on the Commission--
(1) shall not affect the powers of the Commission; and
(2) shall be filled in the manner in which the original
appointment was made.
(f) Initial Meeting.--Not later than 30 days after the date
on which all members of the Commission have been appointed,
the Commission shall hold the initial meeting of the
Commission.
(g) Meetings.--The Commission shall meet at the call of the
Chairperson.
(h) Quorum.--A majority of the members of the Commission
shall constitute a quorum, but a lesser number of members may
hold hearings.
(i) Chairperson and Vice Chairperson.--The Commission shall
select a Chairperson and Vice Chairperson from among the
members of the Commission.
SEC. 102. DUTIES.
The Commission shall--
(1) establish recommendations, frameworks, and guidelines
for a Federal investment program funded by revenue from
climate change obligations issued under section 301 for
States, municipalities, and other public entities, including
utility districts, transit authorities, and multistate
regulatory bodies that--
(A) improves and adapts energy, transportation, water, and
general infrastructure impacted or expected to be impacted
due to climate variability; and
(B) integrates best available science, data, standards,
models, and trends that improve the resiliency of
infrastructure systems described in subparagraph (A); and
(2) identify categories of the most cost-effective
investments and projects that emphasize multiple benefits to
commerce, human health, and ecosystems.
SEC. 103. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United
[[Page S2495]]
States Code, for each day (including travel time) during
which the member is engaged in the performance of the duties
of the Commission.
(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of
the Federal Government.
(b) Travel Expenses.--A member of the Commission shall be
allowed travel expenses, including per diem in lieu of
subsistence, at rates authorized for an employee of an agency
under subchapter I of chapter 57 of title 5, United States
Code, while away from the home or regular place of business
of the member in the performance of the duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate such personnel as are
necessary to enable the Commission to perform the duties of
the Commission.
(2) Compensation.--
(A) In general.--Except as provided in subparagraph (B),
the Chairperson of the Commission may fix the compensation of
personnel without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of title 5, United States Code,
relating to classification of positions and General Schedule
pay rates.
(B) Maximum rate of pay.--The rate of pay for personnel
shall not exceed the rate payable for level V of the
Executive Schedule under section 5316 of title 5, United
States Code.
SEC. 104. FUNDING.
The Commission shall use amounts in the Fund to pay for all
administrative expenses of the Commission.
SEC. 105. TERMINATION.
The Commission shall terminate on such date as the
Commission determines after the Commission carries out the
duties of the Commission under section 102.
TITLE II--ADAPT AMERICA FUND
SEC. 201. ADAPT AMERICA FUND.
(a) Establishment.--
(1) In general.--There is established within the Department
of Commerce the ``Adapt America Fund''.
(2) Responsibility of secretary.--The Secretary shall take
such action as the Secretary determines to be necessary to
assist in implementing the establishment of the Fund in
accordance with this Act.
(b) Climate Change Adaptation Projects.--The Secretary, in
consultation with the Commission, shall carry out a program
to provide funds to eligible applicants to carry out projects
for a qualified climate change adaptation purpose.
(c) Eligible Entities.--An entity eligible to participate
in the program under subsection (b) shall include--
(1) a Federal agency;
(2) a State or a group of States;
(3) a unit of local government or a group of local
governments;
(4) a utility district;
(5) a tribal government or a consortium of tribal
governments;
(6) a State or regional transit agency or a group of State
or regional transit agencies;
(7) a nonprofit organization;
(8) a special purpose district or public authority,
including a port authority; and
(9) any other entity, as determined by the Secretary.
(d) Application.--An eligible entity shall submit to the
Secretary an application for a project for a qualified
climate change adaptation purpose at such time, in such
manner, and containing such information as the Secretary may
require, including data relating to any benefits, such as
economic impact or improvements to public health, that the
project is expected to provide.
(e) Selection.--The Secretary shall select projects from
eligible entities to receive funds under this section based
on criteria and guidelines determined and published by the
Commission.
(f) Non-Federal Funding Requirement.--In order to receive
funds under this section, an eligible entity shall provide
funds for the project in an amount that is equal to not less
than 25 percent of the amount of funds provided under this
section.
(g) Maintenance of Effort.--All amounts deposited in the
Fund in accordance with section 301(a) shall be used only to
fund new projects in accordance with this Act.
(h) Applicability of Federal Law.--Nothing in this Act
waives the requirements of any Federal law (including
regulations) that would otherwise apply to a qualified
climate change project that receives funds under this
section.
SEC. 202. COMPLIANCE WITH DAVIS-BACON ACT.
(a) In General.--All laborers and mechanics employed by
contractors and subcontractors on projects funded directly by
or assisted in whole or in part by and through the Fund
pursuant to this title shall be paid wages at rates not less
than those prevailing on projects of a character similar in
the locality as determined by the Secretary of Labor in
accordance with subchapter IV of chapter 31 of part A of
title 40, United States Code.
(b) Labor Standards.--With respect to the labor standards
specified in this section, the Secretary of Labor shall have
the authority and functions set forth in Reorganization Plan
Numbered 14 of 1950 (64 Stat. 1267; 5 U.S.C. App.) and
section 3145 of title 40, United States Code.
SEC. 203. FUNDING.
The Secretary shall use funds made available to the
Secretary and not otherwise obligated to carry out the
program under section 201(b).
TITLE III--REVENUE
SEC. 301. CLIMATE CHANGE OBLIGATIONS.
(a) In General.--Not later than 6 months after the date of
the enactment of this Act, the Secretary of the Treasury or
the Secretary's delegate (referred to in this title as the
``Secretary'') shall issue obligations under chapter 31 of
title 31, United States Code (referred to in this title as
``climate change obligations''), the proceeds from which
shall be deposited in the Fund.
(b) Full Faith and Credit.--Payment of interest and
principal with respect to any climate change obligation
issued under this section shall be made from the general fund
of the Treasury of the United States and shall be backed by
the full faith and credit of the United States.
(c) Exemption From Local Taxation.--All climate change
obligations issued by the Secretary, and the interest on or
credits with respect to such obligations, shall not be
subject to taxation by any State, county, municipality, or
local taxing authority.
(d) Amount of Climate Change Obligations.--The aggregate
face amount of the climate change obligations issued annually
under this section shall be $200,000,000.
(e) Funding.--The Secretary shall use funds made available
to the Secretary and not otherwise obligated to carry out the
purposes of this section.
SEC. 302. PROMOTION.
(a) In General.--The Secretary shall promote the purchase
of climate change obligations through such means as are
determined appropriate by the Secretary, with the amount
expended for such promotion not to exceed $10,000,000 for any
fiscal year during the period of fiscal years 2018 through
2022.
(b) Donated Advertising.--In addition to any advertising
paid for with funds made available under subsection (c), the
Secretary shall solicit and may accept the donation of
advertising relating to the sale of climate change
obligations.
(c) Authorization of Appropriations.--For each fiscal year
during the period of fiscal years 2018 through 2022, there is
authorized to be appropriated $10,000,000 to carry out the
purposes of this section.
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