Federal Agency Climate Planning, Resilience, and Enhanced Preparedness Act of 2020 or the Federal Agency Climate PREP Act
This bill addresses climate change preparedness by establishing a council and a task force and requiring each executive agency (excluding the Government Accountability Office) to submit a climate change adaptation plan containing specified elements to the Office of Management and Budget.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8429 Introduced in House (IH)]
<DOC>
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)
introduced the following bill; which was referred to the Committee on
Oversight and Reform
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Federal Agency Climate Planning,
Resilience, and Enhanced Preparedness Act of 2020'' or the ``Federal
Agency Climate PREP Act''.
SEC. 2. CLIMATE CHANGE ADAPTATION PLANS.
(a) Amendment.--Chapter 3 of title 5, United States Code, is
amended by adding at the end the following new subchapter:
``SUBCHAPTER III--CLIMATE CHANGE ADAPTATION
``Sec. 321. Definitions
``In this subchapter:
``(1) Adaptation.--The term `adaptation' means adjustment
in natural or human systems in anticipation of or response to a
changing environment in a way that effectively uses beneficial
opportunities or reduces negative effects.
``(2) Agency.--The term `agency' has the meaning given the
term `Executive agency' under section 105, but does not include
the Government Accountability Office.
``(3) Climate change.--The term `climate change' means the
long-term change in the average weather patterns influencing
local, regional, and global climates, that are primarily driven
by human-produced greenhouse gas emissions, and observed
through key indicators including global land and ocean
temperature increases, rising sea levels, loss of polar and
mountain glacier ice, cloud and vegetation cover changes, and
increases in extreme weather such as hurricanes, heatwaves,
wildfires, droughts, floods, and precipitation.
``(4) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(5) Frontline community.--The term `frontline community'
means a low-income community, community of color, or Tribal
community that is disproportionately impacted or burdened by
climate change and associated phenomena.
``(6) Impact.--The term `impact' means consequences, both
realized and expected, for natural and human systems.
``(7) Preparedness.--The term `preparedness' means actions
taken to plan, organize, equip, train, and exercise to build,
apply, and sustain the capabilities necessary to prevent,
protect against, ameliorate the effects of, respond to, and
recover from climate change-related damages to life, health,
property, livelihoods, ecosystems, and national security.
``(8) Resilience.--The term `resilience' means the ability
to anticipate, prepare for, and adapt to changing conditions
and withstand, respond to, and recover rapidly from disruptions
while ensuring the sustainment of mission-critical operations.
``(9) Risk.--The term `risk' means an assessment based on
formal analysis of the consequences, likelihoods, and responses
to the impacts of climate change and how societal constraints
shape adaptation options.
``(10) State.--The term `State' means each of the several
States, the District of Columbia, each commonwealth, territory,
or possession of the United States, and each federally
recognized Indian Tribe.
``(11) Vulnerable population.--The term `vulnerable
population' means groups of individuals, including those with
underlying health conditions, subject to greater climate change
exposure, or adversely impacted by social determinants of
health, who experience heightened sensitivity to climate-
related health and economic impacts.
``Sec. 322. Agency climate change adaptation plans required
``(a) Agency Climate Change Adaptation Plans Required.--Not later
than 1 year after the date of the enactment of this section, the head
of each agency shall submit to the Director an agency climate change
adaptation plan.
``(b) Contents of Plan.--Each agency climate change adaptation plan
submitted pursuant to subsection (a) shall include the following:
``(1) An identification and assessment of climate change-
related impacts on and risks to the ability of the agency to
accomplish its missions, operations, and programs.
``(2) A description of programs, policies, and plans the
agency has in place and any additional action the agency plans
to take to manage the impacts and risks identified in paragraph
(1) and build resilience, both immediately and at milestones
that are 5, 10, and 20 years after the date of the enactment of
this section.
``(3) A description of how any climate change-related
impact and risk identified under paragraph (1) that is
determined by the agency to be so significant that it impairs
the statutory mission or operation of the agency will be
addressed.
``(4) An assessment of whether implementation of any of the
programs, policies, or plans of the agency exacerbates climate
change-related impacts and risks, and a description of how the
agency will consider the need to improve climate change
adaptation and resilience, including the costs and benefits of
such improvement, with respect to agency suppliers, supply
chains, real property investments, and capital equipment
purchases such as updating agency policies for leasing,
building upgrades, relocation of existing facilities and
equipment, and construction of new facilities.
``(5) In the case of the implementation of a program that
uses cost-benefit analyses, a description of how the agency
incorporates climate change risks into the cost-benefit
analyses, including the metrics and methodologies used.
``(6) A description of opportunities identified to address
the disproportionate impacts of climate change on frontline
communities and vulnerable populations.
``(7) A description of how the agency will promote the
preparedness and resilience of the Federal workforce with
respect to climate change.
``(8) A description of how the agency will contribute to
coordinated interagency efforts to support climate change
preparedness and resilience at all levels of government,
including collaborative work across regional offices of
agencies and through coordinated development of information,
data, and tools.
``(c) Progress Reports.--In 2023 and every two years thereafter,
the head of each agency shall submit to the Director a report on the
implementation of the plans required pursuant to subsection (a),
including updated identification and assessments of climate change-
related impacts and risks.
``Sec. 323. Council on Federal Agency Climate PREP
``(a) Establishment.--There is established an interagency council,
to be known as the Council on Federal Agency Climate Planning,
Resilience, and Enhanced Preparedness, or the Council on Federal Agency
Climate PREP (in this section referred to as the `Council').
``(b) Leadership.--The Director shall serve as the Chair of the
Council and shall be supported by a steering committee, which shall
help determine priorities and strategic direction for the Council in
accordance with subsection (f), made up of the Chair of the Council on
Environmental Quality, the Director of the Office of Science and
Technology Policy, and the Assistant to the President for Homeland
Security and Counterterrorism.
``(c) Members.--In addition to the Chair and steering committee,
the Council shall be composed of the following members who are senior
officials (Deputy Secretary or equivalent officer) from the following:
``(1) The Department of State.
``(2) The Department of the Treasury.
``(3) The Department of Defense.
``(4) The Department of Justice.
``(5) The Department of the Interior.
``(6) The Department of Agriculture.
``(7) The Department of Commerce.
``(8) The Department of Labor.
``(9) The Department of Health and Human Services.
``(10) The Department of Housing and Urban Development.
``(11) The Department of Transportation.
``(12) The Department of Energy.
``(13) The Department of Education.
``(14) The Department of Veterans Affairs.
``(15) The Department of Homeland Security.
``(16) The United States Agency for International
Development.
``(17) The Army Corps of Engineers.
``(18) The Environmental Protection Agency.
``(19) The General Services Administration.
``(20) The Millennium Challenge Corporation.
``(21) The National Aeronautics and Space Administration.
``(22) The U.S. Small Business Administration.
``(23) The Corporation for National and Community Service.
``(24) The Office of Personnel Management.
``(25) The Nuclear Regulatory Commission.
``(26) The Office of the Director of National Intelligence.
``(27) The Council of Economic Advisers.
``(28) The National Economic Council.
``(29) The Domestic Policy Council.
``(30) The Office of Management and Budget.
``(31) The White House Office of Public Engagement and
Intergovernmental Affairs.
``(32) The United States Trade Representative.
``(33) Such agencies or offices as the President or Co-
Chairs shall designate.
``(d) Administration.--The Office of Management and Budget shall
provide administrative support and additional resources, as
appropriate, to the Council. Agencies shall assist and provide
information to the Council deemed necessary by the Director to carry
out its functions. Each such agency shall pay its own expenses related
to participating as members of the Council.
``(e) Council Structure.--The Director and steering committee may
establish working groups as needed.
``(f) Mission and Function of the Council.--The Council shall
coordinate across Federal agencies and offices, and in partnership with
State and local governments (including the State and Local Leaders Task
Force established in section 324), academic and research institutions,
and the private and nonprofit sectors to do the following:
``(1) Develop, recommend, coordinate interagency efforts
on, and track implementation of Federal Government actions
related to climate change preparedness and resilience.
``(2) Provide expertise to assist regional, State, and
local action to--
``(A) assess vulnerabilities that due to or
exacerbated by climate change; and
``(B) cost-effectively increase climate change
preparedness and resilience of communities, critical
economic sectors, natural and built infrastructure, and
natural resources.
``(3) Integrate climate change science in policies and
planning, where appropriate, of agencies and the private
sector, including by developing and deploying of innovative,
actionable, and accessible Federal climate change-related
information, data, and tools.
``(4) Such other functions as the Director may determine
necessary, including implementing, as appropriate, the
recommendations of the State and Local Leaders Task Force
established in section 324.
``Sec. 324. State and Local Leaders Task Force on Federal Agency
Climate PREP
``(a) Establishment.--To inform Federal efforts to support climate
change preparedness and resilience, there is established a task force
to be known as the State and Local Leaders Task Force on Federal Agency
Climate Planning, Resilience, and Enhanced Preparedness, or the State
and Local Leaders Task Force on Federal Agency Climate PREP (in this
section referred to as the `Task Force').
``(b) Membership.--The Chair of the Task Force shall be the
Director of the White House Office of Intergovernmental Affairs. In
addition to the Chair, the members shall be such elected State and
local officials as may be invited by the Chair to participate. Members
of the Task Force, acting in their official capacity, may designate
employees with authority to act on their behalf.
``(c) Mission and Function.--Not later than 1 year after the date
of the enactment of this section, the Chair of the Task Force shall
submit to the President and the Council recommendations on how the
Federal Government may accomplish the following:
``(1) Remove barriers, create incentives, and otherwise
modernize Federal programs to encourage investments, practices,
and partnerships that facilitate increased adaptation and
resilience to climate change-related impacts.
``(2) Provide climate change preparedness tools and
actionable information for States and local communities.
``(3) Otherwise support State and local preparedness for
and resilience to climate change.
``(d) Sunset.--The Task Force shall terminate not later than 6
months after the date on which the recommendations are submitted
pursuant to subsection (c).''.
(b) Technical and Conforming Amendment.--The table of sections for
chapter 3 of title 5, United States Code, is amended by adding at the
end the following new items:
``subchapter iii--climate change adaptation
``321. Definitions.
``322. Agency climate change adaptation plans required.
``323. Council on Federal Agency Climate PREP.
``324. State and Local Leaders Task Force on Federal Agency
Climate PREP''.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Oversight and Reform.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line