Climate Change Resiliency Fund for America Act of 2019

II 116TH CONGRESS 1ST SESSION S. 763 To establish the Climate Change Advisory Commission to develop rec- ommendations, 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. IN THE SENATE OF THE UNITED STATES MARCH 12, 2019 Mr. DURBIN introduced the following bill; which was read twice and referred to the Committee on Finance 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. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Climate Change Resiliency Fund for America Act of 5 2019’’. 6 VerDate Sep 11 2014 22:57 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763 pbinns on DSK79D2C42PROD with BILLS 2 •S 763 IS (b) TABLE OF CONTENTS.— 1 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. 2 Except as otherwise provided, in this Act: 3 (1) COMMISSION.—The term ‘‘Commission’’ 4 means the Climate Change Advisory Commission es- 5 tablished by section 101(a). 6 (2) FUND.—The term ‘‘Fund’’ means the Cli- 7 mate Change Resiliency Fund established by section 8 201(a)(1). 9 (3) QUALIFIED CLIMATE CHANGE ADAPTATION 10 PURPOSE.— 11 (A) IN GENERAL.—The term ‘‘qualified cli- 12 mate change adaptation purpose’’ means an ob- 13 jective with a demonstrated intent to reduce the 14 economic, social, and environmental impact of 15 the adverse effects of climate change. 16 VerDate Sep 11 2014 22:57 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763 pbinns on DSK79D2C42PROD with BILLS 3 •S 763 IS (B) INCLUSIONS.—The term ‘‘qualified cli- 1 mate change adaptation purpose’’ includes— 2 (i) infrastructure resiliency and miti- 3 gation; 4 (ii) improved disaster response; and 5 (iii) ecosystem protection. 6 (4) SECRETARY.—The term ‘‘Secretary’’ means 7 the Secretary of Commerce. 8 TITLE I—CLIMATE CHANGE 9 ADVISORY COMMISSION 10 SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY 11 COMMISSION. 12 (a) IN GENERAL.—There is established a commission 13 to be known as the ‘‘Climate Change Advisory Commis- 14 sion’’. 15 (b) MEMBERSHIP.—The Commission shall be com- 16 posed of 11 members— 17 (1) who shall be selected from the public and 18 private sectors and institutions of higher education; 19 and 20 (2) of whom— 21 (A) 3 shall be appointed by the President, 22 in consultation with the Interagency Climate 23 Change Adaptation Task Force; 24 VerDate Sep 11 2014 22:57 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763 pbinns on DSK79D2C42PROD with BILLS 4 •S 763 IS (B) 2 shall be appointed by the Speaker of 1 the House of Representatives; 2 (C) 2 shall be appointed by the minority 3 leader of the House of Representatives; 4 (D) 2 shall be appointed by the majority 5 leader of the Senate; and 6 (E) 2 shall be appointed by the minority 7 leader of the Senate. 8 (c) TERMS.—Each member of the Commission shall 9 be appointed for the life of the Commission. 10 (d) INITIAL APPOINTMENTS.—Each member of the 11 Commission shall be appointed not later than 90 days 12 after the date of enactment of this Act. 13 (e) VACANCIES.—A vacancy on the Commission— 14 (1) shall not affect the powers of the Commis- 15 sion; and 16 (2) shall be filled in the manner in which the 17 original appointment was made. 18 (f) INITIAL MEETING.—Not later than 30 days after 19 the date on which all members of the Commission have 20 been appointed, the Commission shall hold the initial 21 meeting of the Commission. 22 (g) MEETINGS.—The Commission shall meet at the 23 call of the Chairperson. 24 VerDate Sep 11 2014 22:57 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763 pbinns on DSK79D2C42PROD with BILLS 5 •S 763 IS (h) QUORUM.—A majority of the members of the 1 Commission shall constitute a quorum, but a lesser num- 2 ber of members may hold hearings. 3 (i) CHAIRPERSON AND VICE CHAIRPERSON.—The 4 Commission shall select a Chairperson and Vice Chair- 5 person from among the members of the Commission. 6 SEC. 102. DUTIES. 7 The Commission shall— 8 (1) establish recommendations, frameworks, 9 and guidelines for a Federal investment program 10 funded by revenue from climate change obligations 11 issued under section 301 for States, municipalities, 12 and other public entities, including utility districts, 13 transit authorities, and multistate regulatory bodies 14 that— 15 (A) improves and adapts energy, transpor- 16 tation, water, and general infrastructure im- 17 pacted or expected to be impacted due to cli- 18 mate variability; and 19 (B) integrates best available science, data, 20 standards, models, and trends that improve the 21 resiliency of infrastructure systems described in 22 subparagraph (A); and 23 (2) identify categories of the most cost-effective 24 investments and projects that emphasize multiple 25 VerDate Sep 11 2014 22:57 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763 pbinns on DSK79D2C42PROD with BILLS 6 •S 763 IS benefits to commerce, human health, and eco- 1 systems. 2 SEC. 103. COMMISSION PERSONNEL MATTERS. 3 (a) COMPENSATION OF MEMBERS.— 4 (1) NON-FEDERAL EMPLOYEES.—A member of 5 the Commission who is not an officer or employee of 6 the Federal Government shall be compensated at a 7 rate equal to the daily equivalent of the annual rate 8 of basic pay prescribed for level IV of the Executive 9 Schedule under section 5315 of title 5, United 10 States Code, for each day (including travel time) 11 during which the member is engaged in the perform- 12 ance of the duties of the Commission. 13 (2) FEDERAL EMPLOYEES.—A member of the 14 Commission who is an officer or employee of the 15 Federal Government shall serve without compensa- 16 tion in addition to the compensation received for the 17 services of the member as an officer or employee of 18 the Federal Government. 19 (b) TRAVEL EXPENSES.—A member of the Commis- 20 sion shall be allowed travel expenses, including per diem 21 in lieu of subsistence, at rates authorized for an employee 22 of an agency under subchapter I of chapter 57 of title 23 5, United States Code, while away from the home or reg- 24 VerDate Sep 11 2014 22:57 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763 pbinns on DSK79D2C42PROD with BILLS 7 •S 763 IS ular place of business of the member in the performance 1 of the duties of the Commission. 2 (c) STAFF.— 3 (1) IN GENERAL.—The Chairperson of the 4 Commission may, without regard to the civil service 5 laws (including regulations), appoint and terminate 6 such personnel as are necessary to enable the Com- 7 mission to perform the duties of the Commission. 8 (2) COMPENSATION.— 9 (A) IN GENERAL.—Except as provided in 10 subparagraph (B), the Chairperson of the Com- 11 mission may fix the compensation of personnel 12 without regard to the provisions of chapter 51 13 and subchapter III of chapter 53 of title 5, 14 United States Code, relating to classification of 15 positions and General Schedule pay rates. 16 (B) MAXIMUM RATE OF PAY.—The rate of 17 pay for personnel shall not exceed the rate pay- 18 able for level V of the Executive Schedule under 19 section 5316 of title 5, United States Code. 20 SEC. 104. FUNDING. 21 The Commission shall use amounts in the Fund to 22 pay for all administrative expenses of the Commission. 23 VerDate Sep 11 2014 22:57 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763 pbinns on DSK79D2C42PROD with BILLS 8 •S 763 IS SEC. 105. TERMINATION. 1 The Commission shall terminate on such date as the 2 Commission determines after the Commission carries out 3 the duties of the Commission under section 102. 4 TITLE II—CLIMATE CHANGE 5 RESILIENCY FUND 6 SEC. 201. CLIMATE CHANGE RESILIENCY FUND. 7 (a) ESTABLISHMENT.— 8 (1) IN GENERAL.—There is established within 9 the Department of Commerce the ‘‘Climate Change 10 Resiliency Fund’’. 11 (2) RESPONSIBILITY OF SECRETARY.—The Sec- 12 retary shall take such action as the Secretary deter- 13 mines to be necessary to assist in implementing the 14 establishment of the Fund in accordance with this 15 Act. 16 (b) CLIMATE CHANGE ADAPTATION PROJECTS.— 17 The Secretary, in consultation with the Commission, shall 18 carry out a program to provide funds to eligible applicants 19 to carry out projects for a qualified climate change adapta- 20 tion purpose. 21 (c) ELIGIBLE ENTITIES.—An entity eligible to par- 22 ticipate in the program under subsection (b) shall in- 23 clude— 24 (1) a Federal agency; 25 (2) a State or a group of States; 26 VerDate Sep 11 2014 22:57 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763 pbinns on DSK79D2C42PROD with BILLS 9 •S 763 IS (3) a unit of local government or a group of 1 local governments; 2 (4) a utility district; 3 (5) a tribal government or a consortium of trib- 4 al governments; 5 (6) a State or regional transit agency or a 6 group of State or regional transit agencies; 7 (7) a nonprofit organization; 8 (8) a special purpose district or public author- 9 ity, including a port authority; and 10 (9) any other entity, as determined by the Sec- 11 retary. 12 (d) APPLICATION.—An eligible entity shall submit to 13 the Secretary an application for a project for a qualified 14 climate change adaptation purpose at such time, in such 15 manner, and containing such information as the Secretary 16 may require, including data relating to any benefits, such 17 as economic impact or improvements to public health, that 18 the project is expected to provide. 19 (e) SELECTION.—The Secretary shall select projects 20 from eligible entities to receive funds under this section 21 based on criteria and guidelines determined and published 22 by the Commission. 23 (f) NON-FEDERAL FUNDING REQUIREMENT.—In 24 order to receive funds under this section, an eligible entity 25 VerDate Sep 11 2014 22:57 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763 pbinns on DSK79D2C42PROD with BILLS 10 •S 763 IS shall provide funds for the project in an amount that is 1 equal to not less than 25 percent of the amount of funds 2 provided under this section. 3 (g) MAINTENANCE OF EFFORT.—All amounts depos- 4 ited in the Fund in accordance with section 301(a) shall 5 be used only to fund new projects in accordance with this 6 Act. 7 (h) APPLICABILITY OF FEDERAL LAW.—Nothing in 8 this Act waives the requirements of any Federal law (in- 9 cluding regulations) that would otherwise apply to a quali- 10 fied climate change project that receives funds under this 11 section. 12 SEC. 202. COMPLIANCE WITH DAVIS-BACON ACT. 13 (a) IN GENERAL.—All laborers and mechanics em- 14 ployed by contractors and subcontractors on projects fund- 15 ed directly by or assisted in whole or in part by and 16 through the Fund pursuant to this title shall be paid 17 wages at rates not less than those prevailing on projects 18 of a character similar in the locality as determined by the 19 Secretary of Labor in accordance with subchapter IV of 20 chapter 31 of part A of title 40, United States Code. 21 (b) LABOR STANDARDS.—With respect to the labor 22 standards specified in this section, the Secretary of Labor 23 shall have the authority and functions set forth in Reorga- 24 nization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 25 VerDate Sep 11 2014 22:57 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763 pbinns on DSK79D2C42PROD with BILLS 11 •S 763 IS U.S.C. App.) and section 3145 of title 40, United States 1 Code. 2 SEC. 203. FUNDING. 3 The Secretary shall use funds made available to the 4 Secretary and not otherwise obligated to carry out the pro- 5 gram under section 201(b). 6 TITLE III—REVENUE 7 SEC. 301. CLIMATE CHANGE OBLIGATIONS. 8 (a) IN GENERAL.—Not later than 6 months after the 9 date of the enactment of this Act, the Secretary of the 10 Treasury or the Secretary’s delegate (referred to in this 11 title as the ‘‘Secretary’’) shall issue obligations under 12 chapter 31 of title 31, United States Code (referred to 13 in this title as ‘‘climate change obligations’’), the proceeds 14 from which shall be deposited in the Fund. 15 (b) FULL FAITH AND CREDIT.—Payment of interest 16 and principal with respect to any climate change obliga- 17 tion issued under this section shall be made from the gen- 18 eral fund of the Treasury of the United States and shall 19 be backed by the full faith and credit of the United States. 20 (c) EXEMPTION FROM LOCAL TAXATION.—All cli- 21 mate change obligations issued by the Secretary, and the 22 interest on or credits with respect to such obligations, 23 shall not be subject to taxation by any State, county, mu- 24 nicipality, or local taxing authority. 25 VerDate Sep 11 2014 22:57 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763 pbinns on DSK79D2C42PROD with BILLS 12 •S 763 IS (d) AMOUNT OF CLIMATE CHANGE OBLIGATIONS.— 1 (1) IN GENERAL.—Except as provided in para- 2 graph (2), the aggregate face amount of the climate 3 change obligations issued annually under this section 4 shall be $200,000,000. 5 (2) ADDITIONAL OBLIGATIONS.—For any cal- 6 endar year in which all of the obligations issued pur- 7 suant to paragraph (1) have been purchased, the 8 Secretary may issue additional climate change obli- 9 gations during such calendar year, provided that the 10 aggregate face amount of such additional obligations 11 does not exceed $800,000,000. 12 (e) FUNDING.—The Secretary shall use funds made 13 available to the Secretary and not otherwise obligated to 14 carry out the purposes of this section. 15 SEC. 302. PROMOTION. 16 (a) IN GENERAL.—The Secretary shall promote the 17 purchase o [Text truncated for display. Full text available on Congress.gov.]