[Congressional Record Volume 165, Number 44 (Tuesday, March 12, 2019)]
[Senate]
[Pages S1795-S1797]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DURBIN:
  S. 763. 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. 763

       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 Resiliency Fund for America Act of 2019''.
       (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--CLIMATE CHANGE RESILIENCY FUND

Sec. 201. Climate Change Resiliency 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 Climate Change 
     Resiliency 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

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       (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 
     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--CLIMATE CHANGE RESILIENCY FUND

     SEC. 201. CLIMATE CHANGE RESILIENCY FUND.

       (a) Establishment.--
       (1) In general.--There is established within the Department 
     of Commerce the ``Climate Change Resiliency 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.--
       (1) In general.--Except as provided in paragraph (2), the 
     aggregate face amount of the climate change obligations 
     issued annually under this section shall be $200,000,000.
       (2) Additional obligations.--For any calendar year in which 
     all of the obligations issued pursuant to paragraph (1) have 
     been purchased, the Secretary may issue additional climate 
     change obligations during such calendar year, provided that 
     the aggregate face amount of such additional obligations does 
     not exceed $800,000,000.
       (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 2020 through 
     2024.

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       (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 2020 through 2024, there is 
     authorized to be appropriated $10,000,000 to carry out the 
     purposes of this section.

     

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