Federal Agency Climate PREP Act

I 116TH CONGRESS 2D SESSION H. R. 8429 To amend chapter 3 of title 5, United States Code, to require Federal agencies to submit plans for responding to, mitigating, and adapting to climate change, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 29, 2020 Mrs. CAROLYN B. MALONEY of New York (for herself and Mr. ROUDA) intro- duced the following bill; which was referred to the Committee on Over- sight and Reform A BILL To amend chapter 3 of title 5, United States Code, to require Federal agencies to submit plans for responding to, miti- gating, and adapting 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. 3 This Act may be cited as the ‘‘Federal Agency Cli- 4 mate Planning, Resilience, and Enhanced Preparedness 5 Act of 2020’’ or the ‘‘Federal Agency Climate PREP 6 Act’’. 7 VerDate Sep 11 2014 20:32 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8429.IH H8429 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 8429 IH SEC. 2. CLIMATE CHANGE ADAPTATION PLANS. 1 (a) AMENDMENT.—Chapter 3 of title 5, United 2 States Code, is amended by adding at the end the fol- 3 lowing new subchapter: 4 ‘‘SUBCHAPTER III—CLIMATE CHANGE 5 ADAPTATION 6 ‘‘§ 321. Definitions 7 ‘‘In this subchapter: 8 ‘‘(1) ADAPTATION.—The term ‘adaptation’ 9 means adjustment in natural or human systems in 10 anticipation of or response to a changing environ- 11 ment in a way that effectively uses beneficial oppor- 12 tunities or reduces negative effects. 13 ‘‘(2) AGENCY.—The term ‘agency’ has the 14 meaning given the term ‘Executive agency’ under 15 section 105, but does not include the Government 16 Accountability Office. 17 ‘‘(3) CLIMATE CHANGE.—The term ‘climate 18 change’ means the long-term change in the average 19 weather patterns influencing local, regional, and 20 global climates, that are primarily driven by human- 21 produced greenhouse gas emissions, and observed 22 through key indicators including global land and 23 ocean temperature increases, rising sea levels, loss of 24 polar and mountain glacier ice, cloud and vegetation 25 cover changes, and increases in extreme weather 26 VerDate Sep 11 2014 20:32 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8429.IH H8429 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 8429 IH such as hurricanes, heatwaves, wildfires, droughts, 1 floods, and precipitation. 2 ‘‘(4) DIRECTOR.—The term ‘Director’ means 3 the Director of the Office of Management and Budg- 4 et. 5 ‘‘(5) FRONTLINE COMMUNITY.—The term 6 ‘frontline community’ means a low-income commu- 7 nity, community of color, or Tribal community that 8 is disproportionately impacted or burdened by cli- 9 mate change and associated phenomena. 10 ‘‘(6) IMPACT.—The term ‘impact’ means con- 11 sequences, both realized and expected, for natural 12 and human systems. 13 ‘‘(7) PREPAREDNESS.—The term ‘preparedness’ 14 means actions taken to plan, organize, equip, train, 15 and exercise to build, apply, and sustain the capa- 16 bilities necessary to prevent, protect against, amelio- 17 rate the effects of, respond to, and recover from cli- 18 mate change-related damages to life, health, prop- 19 erty, livelihoods, ecosystems, and national security. 20 ‘‘(8) RESILIENCE.—The term ‘resilience’ means 21 the ability to anticipate, prepare for, and adapt to 22 changing conditions and withstand, respond to, and 23 recover rapidly from disruptions while ensuring the 24 sustainment of mission-critical operations. 25 VerDate Sep 11 2014 20:32 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8429.IH H8429 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 8429 IH ‘‘(9) RISK.—The term ‘risk’ means an assess- 1 ment based on formal analysis of the consequences, 2 likelihoods, and responses to the impacts of climate 3 change and how societal constraints shape adapta- 4 tion options. 5 ‘‘(10) STATE.—The term ‘State’ means each of 6 the several States, the District of Columbia, each 7 commonwealth, territory, or possession of the United 8 States, and each federally recognized Indian Tribe. 9 ‘‘(11) VULNERABLE POPULATION.—The term 10 ‘vulnerable population’ means groups of individuals, 11 including those with underlying health conditions, 12 subject to greater climate change exposure, or ad- 13 versely impacted by social determinants of health, 14 who experience heightened sensitivity to climate-re- 15 lated health and economic impacts. 16 ‘‘§ 322. Agency climate change adaptation plans re- 17 quired 18 ‘‘(a) AGENCY CLIMATE CHANGE ADAPTATION PLANS 19 REQUIRED.—Not later than 1 year after the date of the 20 enactment of this section, the head of each agency shall 21 submit to the Director an agency climate change adapta- 22 tion plan. 23 VerDate Sep 11 2014 20:32 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8429.IH H8429 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 8429 IH ‘‘(b) CONTENTS OF PLAN.—Each agency climate 1 change adaptation plan submitted pursuant to subsection 2 (a) shall include the following: 3 ‘‘(1) An identification and assessment of cli- 4 mate change-related impacts on and risks to the 5 ability of the agency to accomplish its missions, op- 6 erations, and programs. 7 ‘‘(2) A description of programs, policies, and 8 plans the agency has in place and any additional ac- 9 tion the agency plans to take to manage the impacts 10 and risks identified in paragraph (1) and build resil- 11 ience, both immediately and at milestones that are 12 5, 10, and 20 years after the date of the enactment 13 of this section. 14 ‘‘(3) A description of how any climate change- 15 related impact and risk identified under paragraph 16 (1) that is determined by the agency to be so signifi- 17 cant that it impairs the statutory mission or oper- 18 ation of the agency will be addressed. 19 ‘‘(4) An assessment of whether implementation 20 of any of the programs, policies, or plans of the 21 agency exacerbates climate change-related impacts 22 and risks, and a description of how the agency will 23 consider the need to improve climate change adapta- 24 tion and resilience, including the costs and benefits 25 VerDate Sep 11 2014 20:32 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8429.IH H8429 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 8429 IH of such improvement, with respect to agency sup- 1 pliers, supply chains, real property investments, and 2 capital equipment purchases such as updating agen- 3 cy policies for leasing, building upgrades, relocation 4 of existing facilities and equipment, and construction 5 of new facilities. 6 ‘‘(5) In the case of the implementation of a pro- 7 gram that uses cost-benefit analyses, a description of 8 how the agency incorporates climate change risks 9 into the cost-benefit analyses, including the metrics 10 and methodologies used. 11 ‘‘(6) A description of opportunities identified to 12 address the disproportionate impacts of climate 13 change on frontline communities and vulnerable pop- 14 ulations. 15 ‘‘(7) A description of how the agency will pro- 16 mote the preparedness and resilience of the Federal 17 workforce with respect to climate change. 18 ‘‘(8) A description of how the agency will con- 19 tribute to coordinated interagency efforts to support 20 climate change preparedness and resilience at all lev- 21 els of government, including collaborative work 22 across regional offices of agencies and through co- 23 ordinated development of information, data, and 24 tools. 25 VerDate Sep 11 2014 20:32 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8429.IH H8429 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 8429 IH ‘‘(c) PROGRESS REPORTS.—In 2023 and every two 1 years thereafter, the head of each agency shall submit to 2 the Director a report on the implementation of the plans 3 required pursuant to subsection (a), including updated 4 identification and assessments of climate change-related 5 impacts and risks. 6 ‘‘§ 323. Council on Federal Agency Climate PREP 7 ‘‘(a) ESTABLISHMENT.—There is established an 8 interagency council, to be known as the Council on Fed- 9 eral Agency Climate Planning, Resilience, and Enhanced 10 Preparedness, or the Council on Federal Agency Climate 11 PREP (in this section referred to as the ‘Council’). 12 ‘‘(b) LEADERSHIP.—The Director shall serve as the 13 Chair of the Council and shall be supported by a steering 14 committee, which shall help determine priorities and stra- 15 tegic direction for the Council in accordance with sub- 16 section (f), made up of the Chair of the Council on Envi- 17 ronmental Quality, the Director of the Office of Science 18 and Technology Policy, and the Assistant to the President 19 for Homeland Security and Counterterrorism. 20 ‘‘(c) MEMBERS.—In addition to the Chair and steer- 21 ing committee, the Council shall be composed of the fol- 22 lowing members who are senior officials (Deputy Secretary 23 or equivalent officer) from the following: 24 ‘‘(1) The Department of State. 25 VerDate Sep 11 2014 20:32 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8429.IH H8429 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 8429 IH ‘‘(2) The Department of the Treasury. 1 ‘‘(3) The Department of Defense. 2 ‘‘(4) The Department of Justice. 3 ‘‘(5) The Department of the Interior. 4 ‘‘(6) The Department of Agriculture. 5 ‘‘(7) The Department of Commerce. 6 ‘‘(8) The Department of Labor. 7 ‘‘(9) The Department of Health and Human 8 Services. 9 ‘‘(10) The Department of Housing and Urban 10 Development. 11 ‘‘(11) The Department of Transportation. 12 ‘‘(12) The Department of Energy. 13 ‘‘(13) The Department of Education. 14 ‘‘(14) The Department of Veterans Affairs. 15 ‘‘(15) The Department of Homeland Security. 16 ‘‘(16) The United States Agency for Inter- 17 national Development. 18 ‘‘(17) The Army Corps of Engineers. 19 ‘‘(18) The Environmental Protection Agency. 20 ‘‘(19) The General Services Administration. 21 ‘‘(20) The Millennium Challenge Corporation. 22 ‘‘(21) The National Aeronautics and Space Ad- 23 ministration. 24 ‘‘(22) The U.S. Small Business Administration. 25 VerDate Sep 11 2014 20:32 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8429.IH H8429 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 8429 IH ‘‘(23) The Corporation for National and Com- 1 munity Service. 2 ‘‘(24) The Office of Personnel Management. 3 ‘‘(25) The Nuclear Regulatory Commission. 4 ‘‘(26) The Office of the Director of National In- 5 telligence. 6 ‘‘(27) The Council of Economic Advisers. 7 ‘‘(28) The National Economic Council. 8 ‘‘(29) The Domestic Policy Council. 9 ‘‘(30) The Office of Management and Budget. 10 ‘‘(31) The White House Office of Public En- 11 gagement and Intergovernmental Affairs. 12 ‘‘(32) The United States Trade Representative. 13 ‘‘(33) Such agencies or offices as the President 14 or Co-Chairs shall designate. 15 ‘‘(d) ADMINISTRATION.—The Office of Management 16 and Budget shall provide administrative support and addi- 17 tional resources, as appropriate, to the Council. Agencies 18 shall assist and provide information to the Council deemed 19 necessary by the Director to carry out its functions. Each 20 such agency shall pay its own expenses related to partici- 21 pating as members of the Council. 22 ‘‘(e) COUNCIL STRUCTURE.—The Director and steer- 23 ing committee may establish working groups as needed. 24 VerDate Sep 11 2014 20:32 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8429.IH H8429 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 8429 IH ‘‘(f) MISSION AND FUNCTION OF THE COUNCIL.— 1 The Council shall coordinate across Federal agencies and 2 offices, and in partnership with State and local govern- 3 ments (including the State and Local Leaders Task Force 4 established in section 324), academic and research institu- 5 tions, and the private and nonprofit sectors to do the fol- 6 lowing: 7 ‘‘(1) Develop, recommend, coordinate inter- 8 agency efforts on, and track implementation of Fed- 9 eral Government actions related to climate change 10 preparedness and resilience. 11 ‘‘(2) Provide expertise to assist regional, State, 12 and local action to— 13 ‘‘(A) assess vulnerabilities that due to or 14 exacerbated by climate change; and 15 ‘‘(B) cost-effectively increase climate 16 change preparedness and resilience of commu- 17 nities, critical economic sectors, natural and 18 built infrastructure, and natural resources. 19 ‘‘(3) Integrate climate change science in policies 20 and planning, where appropriate, of agencies and 21 the private sector, including by developing and de- 22 ploying of innovative, actionable, and accessible Fed- 23 eral climate change-related information, data, and 24 tools. 25 VerDate Sep 11 2014 20:32 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8429.IH H8429 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 8429 IH ‘‘(4) Such other functions as the Director may 1 determine necessary, including implementing, as ap- 2 propriate, the recommendations of the State and 3 Local Leaders Task Force established in section 4 324. 5 ‘‘§ 324. State and Local Leaders Task Force on Fed- 6 eral Agency Climate PREP 7 ‘‘(a) ESTABLISHMENT.—To inform Federal efforts to 8 support climate change preparedness and resilience, there 9 is established a task force to be known as the State and 10 Local Leaders Task Force on Federal Agency Climate 11 Planning, Resilience, and Enhanced Preparedness, or the 12 State and Local Leaders Task Force on Federal Agency 13 Climate PREP (in this section referred to as the ‘Task 14 Force’). 15 ‘‘(b) MEMBERSHIP.—The Chair of the Task Force 16 shall be the Director of the White House Office of Inter- 17 governmental Affairs. In addition to the Chair, the mem- 18 bers shall be such elected State and local officials as may 19 be invited by the Chair to participate. Members of the 20 Task Force, acting in their official capacity, may des- 21 ignate employees with authority to act on their behalf. 22 ‘‘(c) MISSION AND FUNCTION.—Not later than 1 23 year after the date of the enactment of this section, the 24 Chair of the Task Force shall submit to the President and 25 VerDate Sep 11 2014 20:32 Oct 24, 2020 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H8429.IH H8429 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 8429 IH the Council recommendations on how the Federal Govern- 1 ment may accomplish the following: 2 ‘‘(1) Remove barriers, create incentives, and 3 otherwise modernize Federal programs to encourage 4 investments, practices, and partnerships that facili- 5 tate increased adaptation and r [Text truncated for display. Full text available on Congress.gov.]