[Senate Report 117-237]
[From the U.S. Government Publishing Office]


                                                     Calendar No. 615
117th Congress       }                         {           Report
                                 SENATE
 2d Session          }                         {           117-237
_______________________________________________________________________


        NATIONAL CLIMATE ADAPTATION AND RESILIENCE STRATEGY ACT

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON HOMELAND SECURITY AND

                          GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 3531

              TO REQUIRE THE FEDERAL GOVERNMENT TO PRODUCE
              A NATIONAL CLIMATE ADAPTATION AND RESILIENCE
                    STRATEGY, AND FOR OTHER PURPOSES

		[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


               December 12, 2022.--Ordered to be printed
               
               
               		       __________
               		       
               		       
               	    U.S. GOVERNMENT PUBLISHING OFFICE     

39-010			   WASHINGTON : 2022               	     
               
               
               
        COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS

                   GARY C. PETERS, Michigan, Chairman
THOMAS R. CARPER, Delaware           ROB PORTMAN, Ohio
MAGGIE HASSAN, New Hampshire         RON JOHNSON, Wisconsin
KYRSTEN SINEMA, Arizona              RAND PAUL, Kentucky
JACKY ROSEN, Nevada                  JAMES LANKFORD, Oklahoma
ALEX PADILLA, California             MITT ROMNEY, Utah
JON OSSOFF, Georgia                  RICK SCOTT, Florida
                                     JOSH HAWLEY, Missouri

                   David M. Weinberg, Staff Director
                    Zachary I. Schram, Chief Counsel
            Lena C. Chang, Director of Governmental Affairs
              Chelsea A. Davis, Professional Staff Member
                Pamela Thiessen, Minority Staff Director
            Sam J. Mulopulos, Minority Deputy Staff Director
       Cara G. Mumford, Minority Director of Governmental Affairs
                     Laura W. Kilbride, Chief Clerk

                                                     Calendar No. 615
117th Congress       }                         {           Report
                                 SENATE
 2d Session          }                         {           117-237

======================================================================



 
        NATIONAL CLIMATE ADAPTATION AND RESILIENCE STRATEGY ACT

                                _______
                                

               December 12, 2022.--Ordered to be printed

                                _______
                                

 Mr. Peters, from the Committee on Homeland Security and Governmental 
                    Affairs, submitted the following

                              R E P O R T

                         [To accompany S. 3531]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Homeland Security and Governmental 
Affairs, to which was referred the bill (S. 3531) to require 
the Federal Government to produce a national climate adaption 
and resilience strategy, and for other purposes, having 
considered the same, reports favorably thereon with an 
amendment, in the nature of a substitute, and recomends that 
the bill, as amended, do pass.

                                CONTENTS

                                                                   Page
  I. Purpose and Summary..............................................1
 II. Background and Need for the Legislation..........................2
III. Legislative History..............................................2
 IV. Section-by-Section Analysis......................................3
  V. Evaluation of Regulatory Impact..................................5
 VI. Congressional Budget Office Cost Estimate........................5
VII. Changes in Existing Law Made by the Bill, as Reported............8

                         I. PURPOSE AND SUMMARY

    S. 3531, the National Climate Adaptation and Resilience 
Strategy Act of 2022, provides an obligation for the Federal 
Government to implement a unified strategy that coordinates 
efforts across all agencies in adapting to climate change. To 
ensure the obligation is fulfilled, the bill creates a Chief 
Resilience Officer of the United States position, establishes 
interagency resilience Working Groups, and requires a National 
Climate Adaptation and Resilience Strategy that will improve 
preparations nationwide for climate change, includes 
recommendations to compensate for the inequities in policy and 
resource allocations, and decrease the harm of climate change 
to human health and wellbeing in America.

              II. BACKGROUND AND THE NEED FOR LEGISLATION

    Frontline communities face an increasing range of climate 
induced risks that pose a threat to property, local 
infrastructure, and human wellbeing. As the consequences of 
climate change continue to manifest, whether through record-
breaking natural disasters, or less observable but equally 
devastating slow-onset climate hazards, enhancing resilience 
has become increasingly essential.
    In many cases, Congress has provided federal agencies with 
dedicated resources and authorities to support for local 
climate adaptation efforts, but agencies often operate 
independently of one another. The fragmented nature of federal 
resilience operations is inefficient and unnecessarily burdens 
non-federal partners attempting to access resources and receive 
other support. Improved federal coordination could ensure 
investments maximize the resilience benefits for vulnerable 
communities and infrastructure, as well as improve the 
effectiveness and efficiency of service delivery for eligible 
communities and populations.
    The National Climate Adaptation and Resilience Strategy Act 
of 2022 (the NCARS Act) would require the federal government to 
produce a national climate adaptation and resilience strategy 
representing a unified federal plan to increase the resilience 
of America's frontline communities. It would instruct the 
federal government to create an implementation plan to ensure 
the strategy is effectively translated into improved and 
streamlined federal adaptation operations. The NCARS Act would 
also authorize a chief resilience officer position in the White 
House, following successful models adopted by nearly a dozen 
states, including Florida\1\, Louisiana\2\, and South 
Carolina\3\.
---------------------------------------------------------------------------
    \1\Associated Press, DeSantis appoints new Florida chief resilience 
officer (Nov. 20, 2021), https://apnews.com/article/climate-donald-
trump-florida-environment-ron-desantis-
e40102bdcb145f0b739897a91bf5da63.
    \2\Office of the Louisiana Governor, Governor's Office of Coastal 
Activities (accessed Nov. 17, 2022), https://gov.louisiana.gov/page/
governors-office-of-coastal-activities.
    \3\Office of the Governor of South Carolina, Gov. Henry McMaster 
Names South Carolina's First Chief Resilience Officer (Mar. 9, 2021), 
https://governor.sc.gov/news/2021-03/gov-henry-mcmaster-names-south-
carolinas-first-chief-resilience-officer.
---------------------------------------------------------------------------

                        III. LEGISLATIVE HISTORY

    Senator Chris Coons (D-DE) introduced S. 3531, the National 
Climate Adaptation and Resilience Strategy Act of 2022, with 
Senator Lisa Murkowski (R-AK), on January 20, 2022. The bill 
was referred to the Committee on Homeland Security and 
Governmental Affairs. Senator Susan Collins (R-ME), Senator 
Jacky Rosen (D-NV), and Senator Bill Cassidy (R-LA) joined as 
original cosponsors. The bill was later cosponsored by Senator 
Lindsey Graham (R-SC), Senator Michael Bennet (D-CO), Senator 
Jeanne Shaheen (D-NH), Senator Tim Kaine (D-VA), and Senator 
Alex Padilla (D-CA).
    The Committee considered S. 3531 at a business meeting on 
September 28, 2022. During the business meeting, an amendment 
in the nature of a substitute was offered by Chairman Peters 
clarifying intent and incorporating technical assistance from 
the Office of Management and Budget and Council on 
Environmental Quality. Senator Scott filed, but did not offer, 
an amendment striking the authorization of appropriations 
provision and instead requiring the Executive Office of the 
President to use existing funds to carry out the bill's 
requirements. Chairman Peters offered a modified substitute 
amendment incorporating Senator Scott's desire to eliminate the 
bill's authorization of new appropriations and it was adopted 
by voice vote en bloc. The bill, as amended, was ordered 
reported favorably by voice vote. Senators Peters, Carper, 
Hassan, Sinema, Rosen, Padilla, Ossoff, Portman, Johnson, Paul, 
Lankford, Romney, Scott, and Hawley were present. Senators 
Romney, Lankford, and Hawley were recorded ``No.''

        IV. SECTION-BY-SECTION ANALYSIS OF THE BILL, AS REPORTED

Section 1. Short title

    This bill will be referred to as the National Climate 
Adaptation and Resilience Strategy Act or the NCARS Act.

Section 2. National Climate Adaptation and Resilience Strategy

            Part (a): Definitions
    This section defines several terms relevant to the bill, 
including adaptive capacity, frontline communities, and slow-
onset climate hazard.
            Part (b): Chief Resilience Officer and National Climate 
                    Adaptation and Resilience Working Groups
    Section 2(b)(1) directs the President to appoint a Chief 
Resilience Officer of the United States to lead the whole-of-
government effort to build resilience to climate change and 
establish the National Climate Adaptation and Resilience 
Working Groups (Working Groups) described in subsection 
2(b)(2). At the end of a Presidential administration, the Chief 
Resilience Officer will delegate their duties to the Executive 
Secretary of the Working Groups. The Chief Resilience Officer 
shall be compensated by the Federal Government at level III of 
the Executive Schedule.
    Section 2(b)(2) directs the Chief Resilience Officer to 
establish up to five Working Groups to help coordinate the 
production of the Operations Report described in section 2(d) 
and the Strategy and Implementation Plan described in 2(e). 
This section further instructs the Chief Resilience Officer to 
identify the federal agencies relevant to the focus of each 
Working Group and appoint a representative with resilience 
expertise from each relevant agency to serve as a member of the 
group. This section also contains details about the minimum 
frequency of Working Group meetings and support personnel for 
the groups. The Working Groups will assist in the 
standardization across represented agencies of, with respect to 
climate change, the term ``resilience'' to promote greater 
consistency in Federal resilience leadership. The Chief 
Resilience Officer may designate as chairperson of a Working 
Group the head of a represented agency that serves on that 
Working Group.
            Part (c): Partners Council on Climate Adaptation and 
                    Resilience
    Section 2(c)(1) establishes a Partners Council on Climate 
Adaptation and Resilience (Council).
    The purpose of the Council outlined in section 2(c)(2) is 
to provide the Chief Resilience Officer and Working Groups with 
recommendations for how the federal government can better 
support vulnerable frontline communities.
    Section 2(c)(3) outlines that the Council will provide a 
report to the President and Working Groups within 16 months of 
enactment, and triennially thereafter, that details: observed 
deficiencies in federal resilience operations, the resources 
necessary for local communities to adequately adapt to climate 
change, and other recommendations to support non-federal 
partner resilience efforts.
    Section 2(c)(4) establishes the Chief Resilience Officer as 
the chair of the Council. This section also directs the Chief 
Resilience Officer to appoint a vice-chair from the described 
members.
    Section 2(c)(5) stipulates that 20 members of the Council 
shall be appointed by the Chief Resilience Officer and will 
support the mission of the Council and meet certain 
distribution criteria relating to the sector each member 
represents. The Chief Resilience Officer will also prioritize 
the appointment of individuals who--to the maximum extent 
practicable--have first-hand experience of climate 
vulnerability in the U.S., represent a diversity of 
backgrounds, and represent a diversity of U.S. geographies. 
This section also describes the term limits and procedures to 
fill Council vacancies. The Chief Resilience Officer may, with 
the consent of those representatives, appoint not more than 3 
representatives of represented agencies to the Council that the 
Chief Resilience Officer determines would promote dialogue 
useful for implementation.
    Section 2(c)(6) describes certain details relating to 
Council meetings, including frequency and the ability for 
remote participation.
    Section 2(c)(7) states that Section 14 of the Federal 
Advisory Committee Act does not apply to the Council.
            Part (d): National Climate Adaptation and Resilience 
                    Operations Report
    This section directs the Chief Resilience Officer and 
Working Groups to submit a report to the President and Congress 
within 16 months of enactment, and triennially thereafter, 
detailing the climate resilience operations of each federal 
agency represented on any Working Group. The report must 
include a summary of resilience funding available from each 
represented agency. As part of the report, the Chief Resilience 
Officer and Working Groups must also develop a cross-agency 
analysis that identifies deficiencies, overlap, gaps, 
inconsistencies, and opportunities for increased coordination 
around resilience operations between the represented agencies 
to improve the whole-of-government response to climate change 
and support the production of the National Climate Adaptation 
and Resilience Strategy required in Section 6.
            Part (e): National Climate Adaptation and Resilience 
                    Strategy
    This section requires the Chief Resilience Officer and 
Working Groups to prepare a National Climate Adaptation and 
Resilience Strategy (Strategy) within three years of enactment, 
to be updated triennially, which must present an overarching 
strategic vision and specific strategies for how the federal 
government will address the threats of climate change in the 
U.S., taking into account recommendations from the Partners 
Council established in Section 4. This section also outlines a 
number of specific considerations the Chief Resilience Officer 
and Working Groups must address as part of the Strategy, 
including: a direct federal government response to climate 
change; support of non-federal partners' response to climate 
change; climate information; resilience metrics and indicators; 
funding climate adaptation; and social equity.
    Section 2(e)(2) directs the Chief Resilience Officer and 
Working Groups to develop an Implementation Plan concurrently 
with each iteration of the Strategy, which must describe the 
roles and responsibilities of each agency in carrying out the 
Strategy, any interagency agreements devised to carry out 
portions of the Strategy, and any metrics and indicators used 
to track the federal government's progress and success in 
implementing the Strategy.
    Section 2(e)(3) Congress requires the Government 
Accountability Office to submit a report to the President and 
Congress within 2 years of each iteration of the Strategy and 
Implementation Plan that assesses the extent to which the 
Strategy and Implementation Plan have been carried out by the 
federal government and the progress made towards developing an 
effective whole-of-government effort to build resilience to 
climate change.
    Section 2(e)(4) requires the Chief Resilience Officer to 
publish drafts of the Strategy and Implementation Plan and 
solicit comments from the public for the Working Groups to 
consider before publishing final versions of the reports.
            Part (f): General Provisions
    This section sunsets the Act after the publication of the 
third Government Accountability Office assessment or on the 
last day of fiscal year 2033, whichever comes first.

                   V. EVALUATION OF REGULATORY IMPACT

    Pursuant to the requirements of paragraph 11(b) of rule 
XXVI of the Standing Rules of the Senate, the Committee has 
considered the regulatory impact of this bill and determined 
that the bill will have no regulatory impact within the meaning 
of the rules. The Committee agrees with the Congressional 
Budget Office's statement that the bill contains no 
intergovernmental or private-sector mandates as defined in the 
Unfunded Mandates Reform Act (UMRA) and would impose no costs 
on state, local, or tribal governments.

             VI. CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

                                      U.S Congress,
                               Congressional Budget Office,
                                  Washington, DC, November 9, 2022.
Hon. Gary C. Peters,
Chairman, Committee on Homeland Security and Governmental Affairs, U.S. 
        Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed table summarizing estimated budgetary 
effects and mandates information for some of the legislation 
that has been ordered reported by the Senate Committee on 
Homeland security and Governmental Affairs during the 117th 
Congress.
    If you wish further details, we will be pleased to provide 
them. The CBO staff contact for each estimate is listed on the 
enclosed table.
            Sincerely,
                                         Phillip L. Swagel,
                                                          Director.
    Enclosure.

           SUMMARY ESTIMATES OF LEGISLATION ORDERED REPORTED

    The Congressional Budget Act of 1974 requires the 
Congressional Budget Office, to the extent practicable, to 
prepare estimates of the budgetary effects of legislation 
ordered reported by Congressional authorizing committees. In 
order to provide the Congress with as much information as 
possible, the attached table summarizes information about the 
estimated direct spending and revenue effects of some of the 
legislation that has been ordered reported by the Senate 
Committee on Homeland Security and Governmental Affairs during 
the 117th Congress. The legislation listed in this table 
generally would have small effects, if any, on direct spending 
or revenues, CBO estimates. Where possible, the table also 
provides information about the legislation's estimated effects 
on spending subject to appropriation and on intergovernmental 
and private-sector mandates as defined in the Unfunded Mandates 
Reform Act.

                                                                      ESTIMATED BUDGETARY EFFECTS AND MANDATES INFORMATION
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                                                           Increases On-
                                                                                                                          Spending Subject   Pay-As-You-       Budget
   Bill          Title         Status        Last Action       Budget Function    Direct  Spending,   Revenues,  2023-   to Appropriation,        Go         Deficits      Mandates     Contact
  Number                                                                              2023-2032             2032             2023-2027        Procedures   Beginning in
                                                                                                                                                Apply?         2033?
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S. 3531     National        Ordered               09/28/22                 800    Between zero and                   0   Not estimated      Yes            No            No           Matthew
             Climate         reported                                                     $500,000                                                                                     Pickford
             Adaptation
             and
             Resilience
             Strategy Act
             of 2022
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
S. 3531 would require the federal government to produce the National Climate Adaptation and Resilience Strategy to address vulnerabilities of federal agencies to climate change. The bill also
  would establish the position of Chief Resilience Officer and would authorize working groups to coordinate efforts between agencies to adapt to climate change. The Government Accountability
  Office would assess both the strategy and its implementation within two years of completion. CBO estimates that enacting S. 3531 would have an insignificant effect on direct spending and no
  effect on revenues over the 2023-2032 period. CBO has not estimated the discretionary costs of implementing S. 3531. The bill contains no intergovernmental or private-sector mandates as
  defined in the Unfunded Mandates Reform Act.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

    This legislation would make no change in existing law, 
within the meaning of clauses (a) and (b) of subparagraph 12 of 
rule XXVI of the Standing Rules of the Senate, because this 
legislation would not repeal or amend any provision of current 
law.

                                  [all]