Climate Change Resiliency Fund for America Act of 2021
This bill provides support to address the impacts of climate change.
Specifically, the bill authorizes the Department of the Treasury to issue up to $1 billion in climate change obligations (e.g., bonds) in a fiscal year, with bond proceeds going into the Climate Change Resiliency Fund established by this bill. The fund must be used for a program that finances projects that reduce the economic, social, and environmental impact of the adverse effects of climate change. A percentage of those funds must be used to benefit communities that experience disproportionate impacts from climate change.
The Climate Change Advisory Commission, established by this bill, must provide recommendations and guidelines for the program and identify categories of the most cost-effective investments and projects that emphasize multiple benefits to commerce, human health, and ecosystems.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2013 Introduced in House (IH)]
<DOC>
117th CONGRESS
1st Session
H. R. 2013
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 18, 2021
Mr. Deutch introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
Transportation and Infrastructure, and Ways and Means, for a period to
be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
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 Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Climate Change
Resiliency Fund for America Act of 2021''.
(b) Table of Contents.--
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.
In this Act:
(1) Commission.--The term ``Commission'' means the Climate
Change Advisory Commission established by section 101(a).
(2) Community of color.--The term ``community of color''
means a geographically distinct area in which the population of
any of the following categories of individuals is higher than
the average populations of that category for the State in which
the community is located:
(A) Black.
(B) African American.
(C) Asian.
(D) Pacific Islander.
(E) Other non-White race.
(F) Hispanic.
(G) Latino.
(H) Linguistically isolated.
(3) Eligible entity.--The term ``eligible entity''
includes--
(A) a Federal agency;
(B) a State or group of States;
(C) a unit of local government or a group of local
governments;
(D) a utility district;
(E) a Tribal government or a consortium of Tribal
governments;
(F) a State or regional transit agency or a group
of State or regional transit agencies;
(G) a nonprofit organization;
(H) a special purpose district or public authority,
including a port authority; and
(I) any other entity, as determined by the
Secretary.
(4) Environmental justice community.--The term
``environmental justice community'' means a community with
significant representation of communities of color, low-income
communities, or Tribal and indigenous communities that
experiences, or is at risk of experiencing, higher or more
adverse human health or environmental effects.
(5) Frontline community.--The term ``frontline community''
means a low-income community, a community of color, or a Tribal
community that is disproportionately impacted or burdened by
climate change or a phenomenon associated with climate change,
including such a community that was or is at risk of being
disproportionately impacted or burdened by climate change or a
phenomenon associated with climate change earlier than other
such communities.
(6) Fund.--The term ``Fund'' means the Climate Change
Resiliency Fund established by section 201(a)(1).
(7) Low-income community.--The term ``low-income
community'' means any census block group in which 30 percent or
more of the population are individuals with an annual household
income equal to, or less than, the greater of--
(A) an amount equal to 80 percent of the median
household income of the area in which the household is
located, as reported by the Department of Housing and
Urban Development; and
(B) 200 percent of the Federal poverty line.
(8) Project.--The term ``project'' means a project for a
qualified climate change adaptation purpose performed by an
eligible entity under section 201(b).
(9) Qualified climate change adaptation purpose.--
(A) In general.--The term ``qualified climate
change adaptation purpose'' means an objective with a
demonstrated intent to reduce the economic, social, and
environmental impact of the adverse effects of climate
change.
(B) Inclusions.--The term ``qualified climate
change adaptation purpose'' includes infrastructure
resiliency and mitigation, improved disaster response,
and ecosystem protection, which may be accomplished
through activities or projects with objectives such
as--
(i) reducing risks or enhancing resilience
to sea level rise, extreme weather events,
fires, drought, flooding, heat island impacts,
or worsened indoor or outdoor air quality;
(ii) protecting farms and the food supply
from climate impacts;
(iii) reducing risks of food insecurity
that would otherwise result from climate
change;
(iv) ensuring that disaster and public
health plans account for more severe weather;
(v) reducing risks from geographical change
to disease vectors, pathogens, invasive
species, and the distribution of pests; and
(vi) other projects or activities, as
determined to be appropriate by the Commission.
(10) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(11) State.--The term ``State'' means a State, the District
of Columbia, the Commonwealth of Puerto Rico, and any other
territory or possession of the United States.
TITLE I--CLIMATE CHANGE ADVISORY COMMISSION
SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY COMMISSION.
(a) In General.--There is established a commission to be known as
the ``Climate Change Advisory Commission''.
(b) Membership.--The Commission shall be composed of 11 members--
(1) who shall be selected from the public and private
sectors and institutions of higher education; and
(2) of whom--
(A) 3 shall be appointed by the President, in
consultation with the National Climate Task Force;
(B) 2 shall be appointed by the Speaker of the
House of Representatives;
(C) 2 shall be appointed by the minority leader of
the House of Representatives;
(D) 2 shall be appointed by the majority leader of
the Senate; and
(E) 2 shall be appointed by the minority leader of
the Senate.
(c) Terms.--Each member of the Commission shall be appointed for
the life of the Commission.
(d) Initial Appointments.--Each member of the Commission shall be
appointed not later than 90 days after the date of enactment of this
Act.
(e) Vacancies.--A vacancy on the Commission--
(1) shall not affect the powers of the Commission; and
(2) shall be filled in the manner in which the original
appointment was made.
(f) Initial Meeting.--Not later than 30 days after the date on
which all members of the Commission have been appointed, the Commission
shall hold the initial meeting of the Commission.
(g) Meetings.--The Commission shall meet at the call of the
Chairperson.
(h) Quorum.--A majority of the members of the Commission shall
constitute a quorum, but a lesser number of members may hold hearings.
(i) Chairperson and Vice Chairperson.--The Commission shall select
a Chairperson and Vice Chairperson from among the members of the
Commission.
SEC. 102. DUTIES.
The Commission shall--
(1) establish recommendations, frameworks, and guidelines
for a Federal investment program funded by revenue from climate
change obligations issued under section 301 for eligible
entities that--
(A) improve and adapt energy, transportation,
water, and general infrastructure impacted or expected
to be impacted due to climate variability; and
(B) integrate best available science, data,
standards, models, and trends that improve the
resiliency of infrastructure systems described in
subparagraph (A); and
(2) in consultation with the Council on Environmental
Quality and the White House Environmental Justice Interagency
Council, identify categories of the most cost-effective
investments and projects that emphasize multiple benefits to
human health, commerce, and ecosystems while ensuring that the
Commission engages in early and meaningful community
stakeholder involvement opportunities during the development of
the recommendations, frameworks, and guidelines established
under paragraph (1).
SEC. 103. COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--
(1) Non-federal employees.--A member of the Commission who
is not an officer or employee of the Federal Government shall
be compensated at a rate equal to the daily equivalent of the
annual rate of basic pay prescribed for level IV of the
Executive Schedule under section 5315 of title 5, United States
Code, for each day (including travel time) during which the
member is engaged in the performance of the duties of the
Commission.
(2) Federal employees.--A member of the Commission who is
an officer or employee of the Federal Government shall serve
without compensation in addition to the compensation received
for the services of the member as an officer or employee of the
Federal Government.
(b) Travel Expenses.--A member of the Commission shall be allowed
travel expenses, including per diem in lieu of subsistence, at rates
authorized for an employee of an agency under subchapter I of chapter
57 of title 5, United States Code, while away from the home or regular
place of business of the member in the performance of the duties of the
Commission.
(c) Staff.--
(1) In general.--The Chairperson of the Commission may,
without regard to the civil service laws (including
regulations), appoint and terminate such personnel as are
necessary to enable the Commission to perform the duties of the
Commission.
(2) Compensation.--
(A) In general.--Except as provided in subparagraph
(B), the Chairperson of the Commission may fix the
compensation of personnel without regard to the
provisions of chapter 51 and subchapter III of chapter
53 of title 5, United States Code, relating to
classification of positions and General Schedule pay
rates.
(B) Maximum rate of pay.--The rate of pay for
personnel shall not exceed the rate payable for level V
of the Executive Schedule under section 5316 of title
5, United States Code.
SEC. 104. FUNDING.
The Commission shall use amounts in the Fund to pay for all
administrative expenses of the Commission.
SEC. 105. TERMINATION.
The Commission shall terminate on such date as the Commission
determines after the Commission carries out the duties of the
Commission under section 102.
TITLE II--CLIMATE CHANGE RESILIENCY FUND
SEC. 201. CLIMATE CHANGE RESILIENCY FUND.
(a) Establishment.--
(1) In general.--There is established in the Treasury of
the United States the ``Climate Change Resiliency Fund''.
(2) Use of amounts.--
(A) In general.--The Secretary shall use not less
than 40 percent of the amounts in the Fund to fund
projects that benefit communities that experience
disproportionate impacts from climate change, including
environmental justice communities, frontline
communities, and low-income communities.
(B) Maintenance of effort.--All amounts deposited
in the Fund in accordance with section 301(a) shall
only be used--
(i) to fund new projects in accordance with
this section; and
(ii) for administrative expenses of the
Commission authorized under section 104.
(3) Responsibility of secretary.--The Secretary shall take
such action as the Secretary determines necessary to assist in
implementing the Fund in accordance with this section.
(b) Climate Change Adaptation Projects.--The Secretary, in
consultation with the Commission, shall carry out a program to provide
funds to eligible entities to carry out projects for a qualified
climate change adaptation purpose.
(c) Applications.--
(1) In general.--An eligible entity desiring funds under
subsection (b) shall, with respect to a project, submit to the
Secretary an application at such time, in such manner, and
containing such information as the Secretary may require.
(2) Contents.--An application submitted by an eligible
entity under this subsection shall include data relating to any
benefits the eligible entity expects the project to provide to
the community in which the applicable project is performed,
such as--
(A) an economic impact; or
(B) improvements to public health.
(3) Technical assistance.--The Secretary shall offer
technical assistance to eligible entities preparing
applications under this subsection.
(d) Selection.--
(1) In general.--The Secretary shall select eligible
entities to receive funds to carry out projects under this
section based on criteria and guidelines determined and
published by the Commission under section 102.
(2) Priority.--In selecting eligible entities under
paragraph (1), the Secretary shall give priority to eligible
entities planning to perform projects that will serve areas
with the greatest need.
(e) Non-Federal Funding Requirement.--
(1) In general.--Subject to paragraphs (2) and (3), in
order to receive funds under this section, an eligible entity
shall provide funds for a project in an amount that is equal to
not less than 25 percent of the amount of funds provided under
this section.
(2) Waiver.--The Secretary may waive all or part of the
matching requirement under paragraph (1) for an eligible
entity, especially an eligible entity performing a project
benefitting a low-income community or an environmental justice
community, if the Secretary determines that--
(A) there are no reasonable means available through
which the eligible entity can meet the matching
requirement; or
(B) the probable benefit of the project outweighs
the public interest of the matching requirement.
(3) No-match projects.--
(A) In general.--The Secretary shall award not less
than 10 percent and not more than 40 percent of the
total funds awarded under this section to eligible
entities to which the matching requirement under
paragraph (1) shall not apply.
(B) Priority.--The Secretary shall give priority
for funding under subparagraph (A) to an eligible
entity performing a project in a community experiencing
a disproportionate impact of climate change,
including--
(i) an environmental justice community;
(ii) a low-income community; or
(iii) a community of color.
(f) Applicability of Federal Law.--Nothing in this Act shall be
construed to waive the requirements of any Federal law or regulation
that would otherwise apply to a project that receives funds under this
section.
SEC. 202. COMPLIANCE WITH DAVIS-BACON ACT.
(a) In General.--All laborers and mechanics employed by contractors
and subcontractors on projects funded directly by, or assisted in whole
or in part by and through, the Fund shall be paid wages at rates not
less than those prevailing on projects of a character similar in the
locality as determined by the Secretary of Labor in accordance with
subchapter IV of chapter 31 of part A of title 40, United States Code.
(b) Labor Standards.--With respect to the labor standards described
in this section, the Secretary of Labor shall have the authority and
functions set forth in Reorganization Plan Numbered 14 of 1950 (64
Stat. 1267; 5 U.S.C. App.) and section 3145 of title 40, United States
Code.
SEC. 203. FUNDING.
To carry out the program under section 201(b), the Secretary, in
addition to amounts in the Fund, may use amounts that have been made
available to the Secretary and are not otherwise obligated.
TITLE III--REVENUE
SEC. 301. CLIMATE CHANGE OBLIGATIONS.
(a) In General.--Not later than 6 months after the date of the
enactment of this Act, the Secretary of the Treasury or the Secretary's
delegate (referred to in this title as the ``Secretary'') shall issue
obligations under chapter 31 of title 31, United States Code (referred
to in this title as ``climate change obligations''), the proceeds from
which shall be deposited in the Fund.
(b) Full Faith and Credit.--Payment of interest and principal with
respect to any climate change obligation issued under this section
shall be made from the general fund of the Treasury of the United
States and shall be backed by the full faith and credit of the United
States.
(c) Exemption From Local Taxation.--All climate change obligations
issued by the Secretary, and the interest on or credits with respect to
such obligations, shall not be subject to taxation by any State,
county, municipality, or local taxing authority.
(d) Amount of Climate Change Obligations.--
(1) In general.--Except as provided in paragraph (2), the
aggregate face amount of the climate change obligations issued
annually under this section shall be $200,000,000.
(2) Additional obligations.--For any calendar year in which
all of the obligations issued pursuant to paragraph (1) have
been purchased, the Secretary may issue additional climate
change obligations during such calendar year, provided that the
aggregate face amount of such additional obligations does not
exceed $800,000,000.
(e) Funding.--The Secretary shall use funds made available to the
Secretary and not otherwise obligated to carry out the purposes of this
section.
SEC. 302. PROMOTION.
(a) In General.--The Secretary shall promote the purchase of
climate change obligations through such means as are determined
appropriate by the Secretary, with the amount expended for such
promotion not to exceed $10,000,000 for any fiscal year during the
period of fiscal years 2022 through 2026.
(b) Donated Advertising.--In addition to any advertising paid for
with funds made available under subsection (c), the Secretary shall
solicit and may accept the donation of advertising relating to the sale
of climate change obligations.
(c) Authorization of Appropriations.--For each fiscal year during
the period of fiscal years 2022 through 2026, there is authorized to be
appropriated $10,000,000 to carry out the purposes of this section.
<all>
Introduced in House
Introduced in House
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on Energy and Commerce, and in addition to the Committees on Transportation and Infrastructure, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Environment and Climate Change.
Referred to the Subcommittee on Coast Guard and Maritime Transportation.
Referred to the Subcommittee on Highways and Transit.
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
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Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.