II 

116TH CONGRESS 

1ST SESSION S. 763 

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 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Climate Change Resiliency Fund for America Act of 

6 2019’’. 


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1 (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. 

2 SEC. 2. DEFINITIONS. 

3 Except as otherwise provided, in this Act: 

4 (1) COMMISSION.—The term ‘‘Commission’’ 

5 means the Climate Change Advisory Commission es6 tablished by section 101(a). 

7 (2) FUND.—The term ‘‘Fund’’ means the Cli8 mate Change Resiliency Fund established by section 

9 201(a)(1). 

10 (3) QUALIFIED CLIMATE CHANGE ADAPTATION

11 PURPOSE.— 

12 (A) IN GENERAL.—The term ‘‘qualified cli13 mate change adaptation purpose’’ means an ob14 jective with a demonstrated intent to reduce the 

15 economic, social, and environmental impact of 

16 the adverse effects of climate change. 


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1 (B) INCLUSIONS.—The term ‘‘qualified cli2 mate change adaptation purpose’’ includes— 

3 (i) infrastructure resiliency and miti4 gation; 

5 (ii) improved disaster response; and 

6 (iii) ecosystem protection. 

7 (4) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Commerce. 

9 TITLE I—CLIMATE CHANGE 

10 ADVISORY COMMISSION 

11 SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY 

12 COMMISSION. 

13 (a) IN GENERAL.—There is established a commission 

14 to be known as the ‘‘Climate Change Advisory Commis15 sion’’. 

16 (b) MEMBERSHIP.—The Commission shall be com17 posed of 11 members— 

18 (1) who shall be selected from the public and 

19 private sectors and institutions of higher education; 

20 and 

21 (2) of whom— 

22 (A) 3 shall be appointed by the President, 

23 in consultation with the Interagency Climate 

24 Change Adaptation Task Force; 


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1 (B) 2 shall be appointed by the Speaker of 

2 the House of Representatives; 

3 (C) 2 shall be appointed by the minority 

4 leader of the House of Representatives; 

5 (D) 2 shall be appointed by the majority 

6 leader of the Senate; and 

7 (E) 2 shall be appointed by the minority 

8 leader of the Senate. 

9 (c) TERMS.—Each member of the Commission shall 

10 be appointed for the life of the Commission. 

11 (d) INITIAL APPOINTMENTS.—Each member of the 

12 Commission shall be appointed not later than 90 days 

13 after the date of enactment of this Act. 

14 (e) VACANCIES.—A vacancy on the Commission— 

15 (1) shall not affect the powers of the Commis16 sion; and 

17 (2) shall be filled in the manner in which the 

18 original appointment was made. 

19 (f) INITIAL MEETING.—Not later than 30 days after 

20 the date on which all members of the Commission have 

21 been appointed, the Commission shall hold the initial 

22 meeting of the Commission. 

23 (g) MEETINGS.—The Commission shall meet at the 

24 call of the Chairperson. 


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1 (h) QUORUM.—A majority of the members of the 

2 Commission shall constitute a quorum, but a lesser num3 ber of members may hold hearings. 

4 (i) CHAIRPERSON AND VICE CHAIRPERSON.—The 

5 Commission shall select a Chairperson and Vice Chair6 person from among the members of the Commission. 

7 SEC. 102. DUTIES. 

8 The Commission shall— 

9 (1) establish recommendations, frameworks, 

10 and guidelines for a Federal investment program 

11 funded by revenue from climate change obligations 

12 issued under section 301 for States, municipalities, 

13 and other public entities, including utility districts, 

14 transit authorities, and multistate regulatory bodies 

15 that— 

16 (A) improves and adapts energy, transpor17 tation, water, and general infrastructure im18 pacted or expected to be impacted due to cli19 mate variability; and 

20 (B) integrates best available science, data, 

21 standards, models, and trends that improve the 

22 resiliency of infrastructure systems described in 

23 subparagraph (A); and 

24 (2) identify categories of the most cost-effective 

25 investments and projects that emphasize multiple 


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1 benefits to commerce, human health, and eco2 systems. 

3 SEC. 103. COMMISSION PERSONNEL MATTERS. 

4 (a) COMPENSATION OF MEMBERS.— 

5 (1) NON-FEDERAL EMPLOYEES.—A member of 

6 the Commission who is not an officer or employee of 

7 the Federal Government shall be compensated at a 

8 rate equal to the daily equivalent of the annual rate 

9 of basic pay prescribed for level IV of the Executive 

10 Schedule under section 5315 of title 5, United 

11 States Code, for each day (including travel time) 

12 during which the member is engaged in the perform13 ance of the duties of the Commission. 

14 (2) FEDERAL EMPLOYEES.—A member of the 

15 Commission who is an officer or employee of the 

16 Federal Government shall serve without compensa17 tion in addition to the compensation received for the 

18 services of the member as an officer or employee of 

19 the Federal Government. 

20 (b) TRAVEL EXPENSES.—A member of the Commis21 sion shall be allowed travel expenses, including per diem 

22 in lieu of subsistence, at rates authorized for an employee 

23 of an agency under subchapter I of chapter 57 of title 

24 5, United States Code, while away from the home or regVerDate Sep 11 2014 22:57 Mar 25, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S763.IS S763

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1 ular place of business of the member in the performance 

2 of the duties of the Commission. 

3 (c) STAFF.— 

4 (1) IN GENERAL.—The Chairperson of the 

5 Commission may, without regard to the civil service 

6 laws (including regulations), appoint and terminate 

7 such personnel as are necessary to enable the Com8 mission to perform the duties of the Commission. 

9 (2) COMPENSATION.— 

10 (A) IN GENERAL.—Except as provided in 

11 subparagraph (B), the Chairperson of the Com12 mission may fix the compensation of personnel 

13 without regard to the provisions of chapter 51 

14 and subchapter III of chapter 53 of title 5, 

15 United States Code, relating to classification of 

16 positions and General Schedule pay rates. 

17 (B) MAXIMUM RATE OF PAY.—The rate of 

18 pay for personnel shall not exceed the rate pay19 able for level V of the Executive Schedule under 

20 section 5316 of title 5, United States Code. 

21 SEC. 104. FUNDING. 

22 The Commission shall use amounts in the Fund to 

23 pay for all administrative expenses of the Commission. 


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1 SEC. 105. TERMINATION. 

2 The Commission shall terminate on such date as the 

3 Commission determines after the Commission carries out 

4 the duties of the Commission under section 102. 

5 TITLE II—CLIMATE CHANGE 

6 RESILIENCY FUND 

7 SEC. 201. CLIMATE CHANGE RESILIENCY FUND. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—There is established within 

10 the Department of Commerce the ‘‘Climate Change 

11 Resiliency Fund’’. 

12 (2) RESPONSIBILITY OF SECRETARY.—The Sec13 retary shall take such action as the Secretary deter14 mines to be necessary to assist in implementing the 

15 establishment of the Fund in accordance with this 

16 Act. 

17 (b) CLIMATE CHANGE ADAPTATION PROJECTS.— 

18 The Secretary, in consultation with the Commission, shall 

19 carry out a program to provide funds to eligible applicants 

20 to carry out projects for a qualified climate change adapta21 tion purpose. 

22 (c) ELIGIBLE ENTITIES.—An entity eligible to par23 ticipate in the program under subsection (b) shall in24 clude— 

25 (1) a Federal agency; 

26 (2) a State or a group of States; 


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1 (3) a unit of local government or a group of 

2 local governments; 

3 (4) a utility district; 

4 (5) a tribal government or a consortium of trib5 al governments; 

6 (6) a State or regional transit agency or a 

7 group of State or regional transit agencies; 

8 (7) a nonprofit organization; 

9 (8) a special purpose district or public author10 ity, including a port authority; and 

11 (9) any other entity, as determined by the Sec12 retary. 

13 (d) APPLICATION.—An eligible entity shall submit to 

14 the Secretary an application for a project for a qualified 

15 climate change adaptation purpose at such time, in such 

16 manner, and containing such information as the Secretary 

17 may require, including data relating to any benefits, such 

18 as economic impact or improvements to public health, that 

19 the project is expected to provide. 

20 (e) SELECTION.—The Secretary shall select projects 

21 from eligible entities to receive funds under this section 

22 based on criteria and guidelines determined and published 

23 by the Commission. 

24 (f) NON-FEDERAL FUNDING REQUIREMENT.—In 

25 order to receive funds under this section, an eligible entity 


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1 shall provide funds for the project in an amount that is 

2 equal to not less than 25 percent of the amount of funds 

3 provided under this section. 

4 (g) MAINTENANCE OF EFFORT.—All amounts depos5 ited in the Fund in accordance with section 301(a) shall 

6 be used only to fund new projects in accordance with this 

7 Act. 

8 (h) APPLICABILITY OF FEDERAL LAW.—Nothing in 

9 this Act waives the requirements of any Federal law (in10 cluding regulations) that would otherwise apply to a quali11 fied climate change project that receives funds under this 

12 section. 

13 SEC. 202. COMPLIANCE WITH DAVIS-BACON ACT. 

14 (a) IN GENERAL.—All laborers and mechanics em15 ployed by contractors and subcontractors on projects fund16 ed directly by or assisted in whole or in part by and 

17 through the Fund pursuant to this title shall be paid 

18 wages at rates not less than those prevailing on projects 

19 of a character similar in the locality as determined by the 

20 Secretary of Labor in accordance with subchapter IV of 

21 chapter 31 of part A of title 40, United States Code. 

22 (b) LABOR STANDARDS.—With respect to the labor 

23 standards specified in this section, the Secretary of Labor 

24 shall have the authority and functions set forth in Reorga25 nization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 


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1 U.S.C. App.) and section 3145 of title 40, United States 

2 Code. 

3 SEC. 203. FUNDING. 

4 The Secretary shall use funds made available to the 

5 Secretary and not otherwise obligated to carry out the pro6 gram under section 201(b). 

7 TITLE III—REVENUE 

8 SEC. 301. CLIMATE CHANGE OBLIGATIONS. 

9 (a) IN GENERAL.—Not later than 6 months after the 

10 date of the enactment of this Act, the Secretary of the 

11 Treasury or the Secretary’s delegate (referred to in this 

12 title as the ‘‘Secretary’’) shall issue obligations under 

13 chapter 31 of title 31, United States Code (referred to 

14 in this title as ‘‘climate change obligations’’), the proceeds 

15 from which shall be deposited in the Fund. 

16 (b) FULL FAITH AND CREDIT.—Payment of interest 

17 and principal with respect to any climate change obliga18 tion issued under this section shall be made from the gen19 eral fund of the Treasury of the United States and shall 

20 be backed by the full faith and credit of the United States. 

21 (c) EXEMPTION FROM LOCAL TAXATION.—All cli22 mate change obligations issued by the Secretary, and the 

23 interest on or credits with respect to such obligations, 

24 shall not be subject to taxation by any State, county, mu25 nicipality, or local taxing authority. 


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1 (d) AMOUNT OF CLIMATE CHANGE OBLIGATIONS.— 

2 (1) IN GENERAL.—Except as provided in para3 graph (2), the aggregate face amount of the climate 

4 change obligations issued annually under this section 

5 shall be $200,000,000. 

6 (2) ADDITIONAL OBLIGATIONS.—For any cal7 endar year in which all of the obligations issued pur8 suant to paragraph (1) have been purchased, the 

9 Secretary may issue additional climate change obli10 gations during such calendar year, provided that the 

11 aggregate face amount of such additional obligations 

12 does not exceed $800,000,000. 

13 (e) FUNDING.—The Secretary shall use funds made 

14 available to the Secretary and not otherwise obligated to 

15 carry out the purposes of this section. 

16 SEC. 302. PROMOTION. 

17 (a) IN GENERAL.—The Secretary shall promote the 

18 purchase of climate change obligations through such 

19 means as are determined appropriate by the Secretary, 

20 with the amount expended for such promotion not to ex21 ceed $10,000,000 for any fiscal year during the period of 

22 fiscal years 2020 through 2024. 

23 (b) DONATED ADVERTISING.—In addition to any ad24 vertising paid for with funds made available under sub25 section (c), the Secretary shall solicit and may accept the 


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1 donation of advertising relating to the sale of climate 

2 change obligations. 

3 (c) AUTHORIZATION OF APPROPRIATIONS.—For each 

4 fiscal year during the period of fiscal years 2020 through 

5 2024, there is authorized to be appropriated $10,000,000 

6 to carry out the purposes of this section. 

Æ 


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