I 116TH CONGRESS 1ST SESSION H. R. 4823 To direct the Administrator of the Federal Emergency Management Agency to revise the policy of the Agency to address the threats of climate change, to include considerations of climate change in the strategic plan of the Agency, and for other purposes. IN THE HOUSE OF REPRESENTATIVES OCTOBER 23, 2019 Ms. CLARKE of New York (for herself, Mr. HUFFMAN, Mr. GRIJALVA, Mrs. DINGELL, Ms. JACKSON LEE, Ms. VELA´ZQUEZ, Ms. PRESSLEY, Mr. CASE, Mr. SOTO, Ms. BLUNT ROCHESTER, Ms. HAALAND, Ms. MOORE, Ms. SCHAKOWSKY, Mr. LOWENTHAL, Mrs. KIRKPATRICK, Ms. BARRAGA´N, Ms. NORTON, Mr. KILDEE, Mr. ESPAILLAT, Mr. CLEAVER, Mr. KENNEDY, and Mr. WELCH) introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To direct the Administrator of the Federal Emergency Man- agement Agency to revise the policy of the Agency to address the threats of climate change, to include consid- erations of climate change in the strategic plan of the Agency, 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. 3 This Act may be cited as the ‘‘FEMA Climate 4 Change Preparedness Act’’. 5 VerDate Sep 11 2014 21:27 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4823.IH H4823 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 4823 IH SEC. 2. FINDINGS. 1 Congress finds the following: 2 (1) Under the previous administration, FEMA’s 3 2014–2018 Strategic Plan explicitly mentioned and 4 referenced climate change as a source of changing 5 and increasing national disaster risks, in the near 6 and long term, that— 7 (A) must be effectively integrated into the 8 Agency’s risk assessment resources and proc- 9 esses; and 10 (B) the entire emergency management 11 community will need to adapt appropriately to 12 as they strengthen their risk management pro- 13 grams. 14 (2) In FEMA’s 2018–2022 Strategic Plan, de- 15 spite the mounting threat posed by climate change, 16 the term ‘‘climate change’’ is entirely absent from 17 the text. 18 (3) It is the general consensus of the global sci- 19 entific community that— 20 (A) the evidence of climate change is un- 21 equivocal; 22 (B) anthropogenic greenhouse gas emis- 23 sions are the primary cause of climate change; 24 and 25 VerDate Sep 11 2014 21:27 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H4823.IH H4823 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 4823 IH (C) as a direct result of climate change, 1 sea levels are rising and extreme weather events 2 are becoming more commonplace and severe. 3 (4) The last 5 years have been the warmest 4 years on record since the National Oceanic and At- 5 mospheric Administration began recording global air 6 temperatures in 1895. 7 (5) 2017, one of the three warmest years on 8 record, was also the most expensive year on record 9 for emergency disaster costs in the United States 10 due to 16 weather and climate disasters. 11 (6) It is the mission of FEMA to reduce the 12 loss of life and property and protect our institutions 13 from all hazards by leading and supporting the Na- 14 tion in a comprehensive, risk-based emergency man- 15 agement program of mitigation, preparedness, re- 16 sponse, and recovery. 17 (7) It is detrimental to the mission of FEMA, 18 and the Agency’s ability to follow its mandate, to ex- 19 plicitly or implicitly deny or ignore the existence of 20 climate change or the implications of such on na- 21 tional security and national emergency management. 22 (8) To fully and effectively carry out its man- 23 date, FEMA must comprehensively assess and incor- 24 porate the current and future natural disaster risks 25 VerDate Sep 11 2014 21:27 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4823.IH H4823 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 4823 IH and impacts posed by climate change throughout the 1 Agency’s policies, plans, programs, strategies, and 2 operations. 3 SEC. 3. STATEMENTS OF INTENT AND POLICY. 4 Section 101 of the Robert T. Stafford Disaster Relief 5 and Emergency Assistance Act (42 U.S.C. 5121) is 6 amended— 7 (1) in subsection (b)— 8 (A) in paragraph (5) by striking ‘‘and’’ at 9 the end; 10 (B) in paragraph (6) by striking the period 11 at the end and inserting a semicolon; and 12 (C) by adding at the end the following: 13 ‘‘(7) integrating, to the greatest extent prac- 14 ticable, climate change adaptation planning and ac- 15 tions into the programs, policies, and operations of 16 the Federal Emergency Management Agency; and 17 ‘‘(8) assisting State, local, volunteer, and pri- 18 vate partners in preparing for and mitigating the 19 risks posed by climate change as listed in subsection 20 (c)(2), as well as any other climate change risks.’’; 21 and 22 (2) by adding at the end the following: 23 ‘‘(c) CLIMATE CHANGE.—It is the policy of the Fed- 24 eral Emergency Management Agency to recognize that— 25 VerDate Sep 11 2014 21:27 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4823.IH H4823 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 4823 IH ‘‘(1) climate change is— 1 ‘‘(A) an irrefutable, multidimensional, and 2 significant near and long-term threat to United 3 States— 4 ‘‘(i) homeland security; 5 ‘‘(ii) national security; and 6 ‘‘(iii) national disaster risk; and 7 ‘‘(B) primarily caused by anthropogenic 8 greenhouse gas emissions; and 9 ‘‘(2) as a direct result of climate change, the 10 United States faces the increased threat of— 11 ‘‘(A) changing, more frequent, and more 12 severe extreme weather events; 13 ‘‘(B) rising natural hazard risk; 14 ‘‘(C) disruptions to or failure of critical in- 15 frastructure; 16 ‘‘(D) sea-level rise; 17 ‘‘(E) internal population displacement; 18 ‘‘(F) the spread of life-threatening dis- 19 eases; 20 ‘‘(G) rising annual disaster costs; and 21 ‘‘(H) disproportionately high risks and im- 22 pacts to low-income communities, communities 23 of color, Tribal communities, and other front- 24 line communities.’’. 25 VerDate Sep 11 2014 05:56 Oct 30, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4823.IH H4823 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 4823 IH SEC. 4. DEFINITIONS. 1 Section 102 of the Robert T. Stafford Disaster Relief 2 and Emergency Assistance Act (42 U.S.C. 5122) is 3 amended by adding at the end the following: 4 ‘‘(13) CLIMATE CHANGE.—The term ‘climate 5 change’ means the long-term shifts in global and re- 6 gional climate patterns, and associated phenomena, 7 that are occurring primarily as a result of anthropo- 8 genic greenhouse gas emissions. 9 ‘‘(14) SEA-LEVEL RISE.—The term ‘sea-level 10 rise’ means the local, regional, and global long-term 11 trends in rising average sea levels that are occurring 12 as a direct result of climate change and additional 13 local factors such as land subsidence. 14 ‘‘(15) EXTREME WEATHER EVENTS.—The term 15 ‘extreme weather events’ means historically rare or 16 severe natural disasters such as heat waves, 17 droughts, floods, tornadoes, and hurricanes. 18 ‘‘(16) FRONTLINE COMMUNITY.—The term 19 ‘frontline community’ means a low-income commu- 20 nity, community of color, or Tribal community that 21 is disproportionately impacted or burdened by cli- 22 mate change and associated phenomena.’’. 23 SEC. 5. INCLUSION OF CLIMATE CHANGE IN STRATEGIC 24 PLAN. 25 (a) CURRENT STRATEGIC PLAN.— 26 VerDate Sep 11 2014 21:27 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4823.IH H4823 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 4823 IH (1) IN GENERAL.—Not later than 180 days 1 after the date of enactment of this Act, the Adminis- 2 trator shall revise the 2018–2022 Strategic Plan 3 to— 4 (A) ensure the text of such plan explicitly 5 mentions climate change, in accordance with 6 the policy of FEMA in section 101 of the Rob- 7 ert T. Stafford Disaster Relief and Emergency 8 Assistance Act (42 U.S.C. 5121), as amended 9 by section 3; and 10 (B) address the implications of climate 11 change on homeland security and near- and 12 long-term national disaster risk, including 13 emergency preparedness, response, recovery, 14 and mitigation. 15 (2) BRIEFING.—Not later than 180 days after 16 the date of enactment of this Act, appropriate per- 17 sonnel of FEMA shall brief the Committee on 18 Homeland Security of the House of Representatives 19 and the Committee on Homeland Security and Gov- 20 ernmental Affairs of the Senate on the process and 21 rationale that resulted in the exclusion of references 22 to climate change from the originally published 23 2018–2022 Strategic Plan, and if requested by the 24 VerDate Sep 11 2014 21:27 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4823.IH H4823 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 4823 IH Chair of either such Committee, a written report de- 1 scribing such process and rationale. 2 (b) FUTURE STRATEGIC PLANS.—Any strategic plan 3 subsequent to the 2018–2022 Strategic Plan developed by 4 FEMA shall— 5 (1) explicitly mention climate change, in accord- 6 ance with the policy of FEMA under section 101 of 7 the Robert T. Stafford Disaster Relief and Emer- 8 gency Assistance Act (42 U.S.C. 5121), as amended 9 by section 3; and 10 (2) address the implications of climate change 11 on homeland security and near- and long-term na- 12 tional disaster risk, including emergency prepared- 13 ness, response, recovery, and mitigation, drawing 14 upon findings and recommendations, once available, 15 from the Climate Change Subcommittee described in 16 section 6 and the assessment of climate change risks 17 and preparedness described in section 7. 18 SEC. 6. NATIONAL ADVISORY COUNCIL CLIMATE CHANGE 19 SUBCOMMITTEE. 20 (a) ESTABLISHMENT.—Not later than 60 days after 21 the date of enactment of this Act, the Secretary of Home- 22 land Security shall establish, as a subcommittee of the Na- 23 tional Advisory Council, the Climate Change Sub- 24 VerDate Sep 11 2014 21:27 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4823.IH H4823 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 4823 IH committee (in this Act referred to as the ‘‘Sub- 1 committee’’). 2 (b) MEMBERSHIP.— 3 (1) IN GENERAL.—Notwithstanding any other 4 provision of law, the Subcommittee shall consist of— 5 (A) the Administrator of FEMA; 6 (B) the Director of the United States Geo- 7 logical Survey of the Department of the Inte- 8 rior; 9 (C) the Director of the Bureau of Safety 10 and Environmental Enforcement of the Depart- 11 ment of the Interior; 12 (D) the Under Secretary of Commerce for 13 Oceans and Atmosphere; 14 (E) the Commanding Officer of the United 15 States Army Corps of Engineers; 16 (F) the Director of the Office of Homeland 17 Security and Emergency Coordination of the 18 Department of Agriculture; 19 (G) the Executive Director of the Federal 20 Highway Administration of the Department of 21 Transportation; 22 (H) the Executive Director of the Federal 23 Transit Administration of the Department of 24 Transportation; 25 VerDate Sep 11 2014 21:27 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4823.IH H4823 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 4823 IH (I) the Under Secretary of Energy of the 1 Department of Energy; 2 (J) the Commissioner of the Federal Hous- 3 ing Administration of the Department of Hous- 4 ing and Urban Development; 5 (K) the Assistant Administrator of the Of- 6 fice of Land and Emergency Management of 7 the Environmental Protection Agency; 8 (L) the Acting Director of the Center for 9 Preparedness and Response of the Department 10 of Health and Human Services; 11 (M) such other qualified individuals as the 12 Administrator shall appoint as soon as prac- 13 ticable from among the following— 14 (i) members of the National Advisory 15 Council that have the requisite technical 16 knowledge and expertise to address climate 17 change threats to homeland security, in- 18 cluding— 19 (I) emergency management and 20 emergency response providers; 21 (II) State, local, and Tribal gov- 22 ernment officials; 23 VerDate Sep 11 2014 21:27 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4823.IH H4823 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 4823 IH (III) climate scientists and ex- 1 perts in natural disaster risk assess- 2 ment; and 3 (IV) experts in climate change 4 adaption, mitigation, and resilience; 5 and 6 (ii) individuals who have the requisite 7 technical knowledge and expertise to serve 8 on the Climate Change Subcommittee, in- 9 cluding at least 1 representative from each 10 of— 11 (I) an environmental justice or- 12 ganization representing low-income 13 communities and communities of color 14 that are disproportionately impacted 15 by climate change; 16 (II) a Tribal community that is 17 disproportionately impacted by climate 18 change or environmental pollution; 19 (III) an organized labor group 20 within the resilient infrastructure sec- 21 tor; 22 (IV) a private-sector company 23 that designs, develops, or constructs 24 resilient infrastructure, or an organi- 25 VerDate Sep 11 2014 21:27 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4823.IH H4823 pamtmann on DSKBC07HB2PROD with BILLS 12 •HR 4823 IH zation that represents such compa- 1 nies; 2 (V) a city or county that is di- 3 rectly impacted by coastal sea-level 4 rise; 5 (VI) a State that is directly im- 6 pacted by coastal sea-level rise; 7 (VII) a city or county that is 8 highly impacted by wildfires or 9 droughts; 10 (VIII) a State that is highly im- 11 pacted by wildfires or droughts; 12 (IX) scientists with expertise in 13 climate science and natural disaster 14 risk assessment who are faculty mem- 15 bers at an accredited university; and 16 (X) experts in homeland security 17 threat assessment and intelligence 18 analysis, especially as it concerns nat- 19 ural disasters; and 20 (N) representatives of such other stake- 21 holders and interested and affected parties as 22 the Administrator determines appropriate. 23 (2) REPRESENTATION.—The Administrator 24 shall ensure, to the extent practicable, that members 25 VerDate Sep 11 2014 21:27 Oct 29, 2019 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4823.IH H4823 pamtmann on DSKBC07HB2PROD with BILLS 13 •HR 4823 IH of the Subcommittee represent a geographic (includ- 1 ing urban, rural, and coastal) and substantive diver- 2 sity of State, local, and Tribal government officials, 3 emergency managers, and emergency response pro- 4 viders, scientific and technical experts, private-sector 5 companies, and nongovernmental organizations. 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