[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]





          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      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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