[Congressional Record Volume 169, Number 201 (Wednesday, December 6, 2023)]
[Senate]
[Pages S5809-S5810]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. DURBIN:
S. 3416. 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. Madam 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. 3416
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 2023''.
(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.
In this Act:
(1) Commission.--The term ``Commission'' means the Climate
Change Advisory Commission established by section 101(a).
(2) Community of color.--The term ``community of color''
means a geographically distinct area in which the population
of any of the following categories of individuals is higher
than the average populations of that category for the State
in which the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(3) Eligible entity.--The term ``eligible entity''
includes--
(A) a Federal agency;
(B) a State or group of States;
(C) a unit of local government or a group of local
governments;
(D) a utility district;
(E) a Tribal government or a consortium of Tribal
governments;
(F) a State or regional transit agency or a group of State
or regional transit agencies;
(G) a nonprofit organization;
(H) a special purpose district or public authority,
including a port authority; and
(I) any other entity, as determined by the Secretary.
(4) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-
income communities, or Tribal and indigenous communities that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects.
(5) Frontline community.--The term ``frontline community''
means a low-income community, a community of color, or a
Tribal community that is disproportionately impacted or
burdened by climate change or a phenomenon associated with
climate change, including such a community that was or is at
risk of being disproportionately impacted or burdened by
climate change or a phenomenon associated with climate change
earlier than other such communities.
(6) Fund.--The term ``Fund'' means the Climate Change
Resiliency Fund established by section 201(a)(1).
(7) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent
or more of the population are individuals with an annual
household income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median household
income of the area in which the household is located, as
reported by the Department of Housing and Urban Development;
and
(B) 200 percent of the Federal poverty line.
(8) Project.--The term ``project'' means a project for a
qualified climate change adaptation purpose performed by an
eligible entity under section 201(b).
(9) 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 infrastructure resiliency and
mitigation, improved disaster response, and ecosystem
protection, which may be accomplished through activities or
projects with objectives such as--
(i) reducing risks or enhancing resilience to sea level
rise, extreme weather events, fires, drought, flooding, heat
island impacts, or worsened indoor or outdoor air quality;
(ii) protecting farms and the food supply from climate
impacts;
(iii) reducing risks of food insecurity that would
otherwise result from climate change;
(iv) ensuring that disaster and public health plans account
for more severe weather;
(v) reducing risks from geographical change to disease
vectors, pathogens, invasive species, and the distribution of
pests; and
(vi) other projects or activities, as determined to be
appropriate by the Commission.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(11) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
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 National Climate 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
eligible entities that--
(A) improve and adapt energy, transportation, water, and
general infrastructure impacted or expected to be impacted
due to climate variability; and
(B) integrate best available science, data, standards,
models, and trends that improve the resiliency of
infrastructure systems described in subparagraph (A); and
(2) in consultation with the Council on Environmental
Quality and the White House Environmental Justice Interagency
Council, identify categories of the most cost-effective
investments and projects that emphasize multiple benefits to
human health, commerce, and ecosystems while ensuring that
the Commission engages in early and meaningful community
stakeholder involvement opportunities during the development
of the recommendations, frameworks, and guidelines
established under paragraph (1).
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.
[[Page S5810]]
(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 in the Treasury of
the United States the ``Climate Change Resiliency Fund''.
(2) Use of amounts.--
(A) In general.--The Secretary shall use not less than 40
percent of the amounts in the Fund to fund projects that
benefit communities that experience disproportionate impacts
from climate change, including environmental justice
communities, frontline communities, and low-income
communities.
(B) Maintenance of effort.--All amounts deposited in the
Fund in accordance with section 301(a) shall only be used--
(i) to fund new projects in accordance with this section;
and
(ii) for administrative expenses of the Commission
authorized under section 104.
(3) Responsibility of secretary.--The Secretary shall take
such action as the Secretary determines necessary to assist
in implementing the Fund in accordance with this section.
(b) Climate Change Adaptation Projects.--The Secretary, in
consultation with the Commission, shall carry out a program
to provide funds to eligible entities to carry out projects
for a qualified climate change adaptation purpose.
(c) Applications.--
(1) In general.--An eligible entity desiring funds under
subsection (b) shall, with respect to a project, submit to
the Secretary an application at such time, in such manner,
and containing such information as the Secretary may require.
(2) Contents.--An application submitted by an eligible
entity under this subsection shall include data relating to
any benefits the eligible entity expects the project to
provide to the community in which the applicable project is
performed, such as--
(A) an economic impact; or
(B) improvements to public health.
(3) Technical assistance.--The Secretary shall offer
technical assistance to eligible entities preparing
applications under this subsection.
(d) Selection.--
(1) In general.--The Secretary shall select eligible
entities to receive funds to carry out projects under this
section based on criteria and guidelines determined and
published by the Commission under section 102.
(2) Priority.--In selecting eligible entities under
paragraph (1), the Secretary shall give priority to eligible
entities planning to perform projects that will serve areas
with the greatest need.
(e) Non-Federal Funding Requirement.--
(1) In general.--Subject to paragraphs (2) and (3), in
order to receive funds under this section, an eligible entity
shall provide funds for a project in an amount that is equal
to not less than 25 percent of the amount of funds provided
under this section.
(2) Waiver.--The Secretary may waive all or part of the
matching requirement under paragraph (1) for an eligible
entity, especially an eligible entity performing a project
benefitting a low-income community or an environmental
justice community, if the Secretary determines that--
(A) there are no reasonable means available through which
the eligible entity can meet the matching requirement; or
(B) the probable benefit of the project outweighs the
public interest of the matching requirement.
(3) No-match projects.--
(A) In general.--The Secretary shall award not less than 10
percent and not more than 40 percent of the total funds
awarded under this section to eligible entities to which the
matching requirement under paragraph (1) shall not apply.
(B) Priority.--The Secretary shall give priority for
funding under subparagraph (A) to an eligible entity
performing a project in a community experiencing a
disproportionate impact of climate change, including--
(i) an environmental justice community;
(ii) a low-income community; or
(iii) a community of color.
(f) Applicability of Federal Law.--Nothing in this Act
shall be construed to waive the requirements of any Federal
law or regulation that would otherwise apply to a 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
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
described 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.
To carry out the program under section 201(b), the
Secretary, in addition to amounts in the Fund, may use
amounts that have been made available to the Secretary and
are not otherwise obligated.
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 2024 through
2028.
(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 2024 through 2028, there is
authorized to be appropriated $10,000,000 to carry out the
purposes of this section.
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