I 

115TH CONGRESS 

1ST SESSION H. R. 2129 

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 

APRIL 25, 2017 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Climate Change Adapt America Fund Act of 2017’’. 

4 (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—ADAPT AMERICA FUND 

Sec. 201. Adapt America Fund. 

Sec. 202. Compliance with Davis-Bacon Act. 

Sec. 203. Funding. 

TITLE III—REVENUE 

Sec. 301. Climate change obligations. 

Sec. 302. Promotion. 

5 SEC. 2. DEFINITIONS. 

6 Except as otherwise provided, in this Act: 

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

8 means the Climate Change Advisory Commission es9 tablished by section 101(a). 

10 (2) FUND.—The term ‘‘Fund’’ means the 

11 Adapt America Fund established by section 

12 201(a)(1). 

13 (3) QUALIFIED CLIMATE CHANGE ADAPTATION

14 PURPOSE.— 

15 (A) IN GENERAL.—The term ‘‘qualified cli16 mate change adaptation purpose’’ means an obVerDate Sep 11 2014 03:59 Apr 26, 2017 Jkt 069200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2129.IH H2129

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1 jective with a demonstrated intent to reduce the 

2 economic, social, and environmental impact of 

3 the adverse effects of climate change. 

4 (B) INCLUSIONS.—The term ‘‘qualified cli5 mate change adaptation purpose’’ includes— 

6 (i) infrastructure resiliency and miti7 gation; 

8 (ii) improved disaster response; and 

9 (iii) ecosystem protection. 

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

11 the Secretary of Commerce. 

12 TITLE I—CLIMATE CHANGE 

13 ADVISORY COMMISSION 

14 SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY 

15 COMMISSION. 

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

17 to be known as the ‘‘Climate Change Advisory Commis18 sion’’. 

19 (b) MEMBERSHIP.—The Commission shall be com20 posed of 11 members— 

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

22 private sectors and institutions of higher education; 

23 and 

24 (2) of whom— 


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

2 in consultation with the Interagency Climate 

3 Change Adaptation Task Force; 

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

5 the House of Representatives; 

6 (C) 2 shall be appointed by the minority 

7 leader of the House of Representatives; 

8 (D) 2 shall be appointed by the majority 

9 leader of the Senate; and 

10 (E) 2 shall be appointed by the minority 

11 leader of the Senate. 

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

13 be appointed for the life of the Commission. 

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

15 Commission shall be appointed not later than 90 days 

16 after the date of enactment of this Act. 

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

18 (1) shall not affect the powers of the Commis19 sion; and 

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

21 original appointment was made. 

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

23 the date on which all members of the Commission have 

24 been appointed, the Commission shall hold the initial 

25 meeting of the Commission. 


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

2 call of the Chairperson. 

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

4 Commission shall constitute a quorum, but a lesser num5 ber of members may hold hearings. 

6 (i) CHAIRPERSON AND VICE CHAIRPERSON.—The 

7 Commission shall select a Chairperson and Vice Chair8 person from among the members of the Commission. 

9 SEC. 102. DUTIES. 

10 The Commission shall— 

11 (1) establish recommendations, frameworks, 

12 and guidelines for a Federal investment program 

13 funded by revenue from climate change obligations 

14 issued under section 301 for States, municipalities, 

15 and other public entities, including utility districts, 

16 transit authorities, and multistate regulatory bodies 

17 that— 

18 (A) improves and adapts energy, transpor19 tation, water, and general infrastructure im20 pacted or expected to be impacted due to cli21 mate variability; and 

22 (B) integrates best available science, data, 

23 standards, models, and trends that improve the 

24 resiliency of infrastructure systems described in 

25 subparagraph (A); and 


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

2 investments and projects that emphasize multiple 

3 benefits to commerce, human health, and eco4 systems. 

5 SEC. 103. COMMISSION PERSONNEL MATTERS. 

6 (a) COMPENSATION OF MEMBERS.— 

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

8 the Commission who is not an officer or employee of 

9 the Federal Government shall be compensated at a 

10 rate equal to the daily equivalent of the annual rate 

11 of basic pay prescribed for level IV of the Executive 

12 Schedule under section 5315 of title 5, United 

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

14 during which the member is engaged in the perform15 ance of the duties of the Commission. 

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

17 Commission who is an officer or employee of the 

18 Federal Government shall serve without compensa19 tion in addition to the compensation received for the 

20 services of the member as an officer or employee of 

21 the Federal Government. 

22 (b) TRAVEL EXPENSES.—A member of the Commis23 sion shall be allowed travel expenses, including per diem 

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

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


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1 5, United States Code, while away from the home or reg2 ular place of business of the member in the performance 

3 of the duties of the Commission. 

4 (c) STAFF.— 

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

6 Commission may, without regard to the civil service 

7 laws (including regulations), appoint and terminate 

8 such personnel as are necessary to enable the Com9 mission to perform the duties of the Commission. 

10 (2) COMPENSATION.— 

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

12 subparagraph (B), the Chairperson of the Com13 mission may fix the compensation of personnel 

14 without regard to the provisions of chapter 51 

15 and subchapter III of chapter 53 of title 5, 

16 United States Code, relating to classification of 

17 positions and General Schedule pay rates. 

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

19 pay for personnel shall not exceed the rate pay20 able for level V of the Executive Schedule under 

21 section 5316 of title 5, United States Code. 

22 SEC. 104. FUNDING. 

23 The Commission shall use amounts in the Fund to 

24 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—ADAPT AMERICA FUND 

6 SEC. 201. ADAPT AMERICA FUND. 

7 (a) ESTABLISHMENT.— 

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

9 the Department of Commerce the ‘‘Adapt America 

10 Fund’’. 

11 (2) RESPONSIBILITY OF SECRETARY.—The Sec12 retary shall take such action as the Secretary deter13 mines to be necessary to assist in implementing the 

14 establishment of the Fund in accordance with this 

15 Act. 

16 (b) CLIMATE CHANGE ADAPTATION PROJECTS.— 

17 The Secretary, in consultation with the Commission, shall 

18 carry out a program to provide funds to eligible applicants 

19 to carry out projects for a qualified climate change adapta20 tion purpose. 

21 (c) ELIGIBLE ENTITIES.—An entity eligible to par22 ticipate in the program under subsection (b) shall in23 clude— 

24 (1) a Federal agency; 

25 (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 The aggregate face amount of the climate change obliga3 tions issued annually under this section shall be 

4 $200,000,000. 

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

6 available to the Secretary and not otherwise obligated to 

7 carry out the purposes of this section. 

8 SEC. 302. PROMOTION. 

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

10 purchase of climate change obligations through such 

11 means as are determined appropriate by the Secretary, 

12 with the amount expended for such promotion not to ex13 ceed $10,000,000 for any fiscal year during the period of 

14 fiscal years 2018 through 2022. 

15 (b) DONATED ADVERTISING.—In addition to any ad16 vertising paid for with funds made available under sub17 section (c), the Secretary shall solicit and may accept the 

18 donation of advertising relating to the sale of climate 

19 change obligations. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—For each 

21 fiscal year during the period of fiscal years 2018 through 

22 2022, there is authorized to be appropriated $10,000,000 

23 to carry out the purposes of this section. 

Æ 


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