II 

117TH CONGRESS 

1ST SESSION S. 280 

To direct the Administrator of the Federal Emergency Management Agency 

to revise the policy of the Agency to address the threats of climate 

change, to include considerations of climate change in the strategic 

plan of the Agency, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 8, 2021 

Mr. MARKEY introduced the following bill; which was read twice and referred 

to the Committee on Homeland Security and Governmental Affairs 

A BILL 

To direct the Administrator of the Federal Emergency Management Agency to revise the policy of the Agency to 

address the threats of climate change, to include considerations of climate change in the strategic plan of the 

Agency, 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. 

4 This Act may be cited as the ‘‘FEMA Climate 

5 Change Preparedness Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Under the previous Administration, the 

2 term ‘‘climate change’’ was intentionally stripped 

3 from the Agency’s 2018–2022 Strategic Plan, de4 spite the mounting threat posed by climate change 

5 as a source of changing and increasing national dis6 aster risks. 

7 (2) It is the general consensus of the global sci8 entific community that— 

9 (A) the evidence of climate change is un10 equivocal; 

11 (B) anthropogenic greenhouse gas emis12 sions are the primary cause of climate change; 

13 and 

14 (C) as a direct result of climate change, 

15 sea levels are rising and extreme weather events 

16 are becoming more commonplace and severe. 

17 (3) The last 7 years have been the warmest 

18 years on record since the National Oceanic and At19 mospheric Administration began recording global air 

20 temperatures in 1895. 

21 (4) In 2020, there were a record total of 22 cli22 mate disaster events with losses exceeding 

23 $1,000,000,000 in each to affect the United States, 

24 amounting to 5 more disasters of such magnitude 


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1 than each of the previous record years of 2011 and 

2 2017. 

3 (5) It is the mission of FEMA to reduce the 

4 loss of life and property and protect our institutions 

5 from all hazards by leading and supporting the 

6 United States in a comprehensive, risk-based emer7 gency management program of mitigation, prepared8 ness, response, and recovery. 

9 (6) It is detrimental to the mission of FEMA, 

10 and the Agency’s ability to follow its mandate, to ex11 plicitly or implicitly deny or ignore the existence of 

12 climate change or the implications of such on na13 tional security and national emergency management. 

14 (7) To fully and effectively carry out its man15 date, FEMA must comprehensively assess and incor16 porate the current and future natural disaster risks 

17 and impacts posed by climate change throughout the 

18 Agency’s policies, plans, programs, strategies, and 

19 operations. 

20 SEC. 3. DEFINITIONS. 

21 In this Act: 

22 (1) ADMINISTRATOR.—The term ‘‘Adminis23 trator’’ means the Administrator of FEMA. 


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1 (2) AGENCY; FEMA.—The terms ‘‘Agency’’and 

2 ‘‘FEMA’’ mean the Federal Emergency Manage3 ment Agency. 

4 (3) CLIMATE CHANGE.—The term ‘‘climate 

5 change’’ means the long-term shifts in global and re6 gional climate patterns, and associated phenomena, 

7 that are occurring primarily as a result of anthropo8 genic greenhouse gas emissions. 

9 (4) EXTREME WEATHER EVENTS.—The term 

10 ‘‘extreme weather events’’ means historically rare or 

11 severe natural disasters such as heat waves, 

12 droughts, floods, tornadoes, and hurricanes. 

13 (5) FRONTLINE COMMUNITY.—The term 

14 ‘‘frontline community’’ means a low-income commu15 nity, community of color, or Tribal community that 

16 is disproportionately impacted or burdened by cli17 mate change and associated phenomena. 

18 (6) SEA-LEVEL RISE.—The term ‘‘sea-level 

19 rise’’ means the local, regional, and global long-term 

20 trends in rising average sea levels that are occurring 

21 as a direct result of climate change and additional 

22 local factors such as land subsidence. 


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1 SEC. 4. STATEMENTS OF INTENT AND POLICY. 

2 Section 101 of the Robert T. Stafford Disaster Relief 

3 and Emergency Assistance Act (42 U.S.C. 5121) is 

4 amended— 

5 (1) in subsection (b)— 

6 (A) in paragraph (5), by striking ‘‘and’’ at 

7 the end; 

8 (B) in paragraph (6), by adding a semi9 colon at the end; and 

10 (C) by adding at the end the following: 

11 ‘‘(7) integrating, to the greatest extent prac12 ticable, climate change adaptation planning and ac13 tions into the programs, policies, and operations of 

14 the Federal Emergency Management Agency; and 

15 ‘‘(8) assisting State, local, volunteer, and pri16 vate partners in preparing for and mitigating the 

17 risks posed by climate change as listed in subsection 

18 (c)(2), as well as any other climate change risks.’’; 

19 and 

20 (2) by adding at the end the following: 

21 ‘‘(c) CLIMATE CHANGE.—It is the policy of the Fed22 eral Emergency Management Agency to recognize that— 

23 ‘‘(1) climate change is— 

24 ‘‘(A) an irrefutable, multidimensional, and 

25 significant near and long-term threat to United 

26 States— 


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1 ‘‘(i) homeland security; 

2 ‘‘(ii) national security; and 

3 ‘‘(iii) national disaster risk; and 

4 ‘‘(B) primarily caused by anthropogenic 

5 greenhouse gas emissions; and 

6 ‘‘(2) as a direct result of climate change, the 

7 United States faces the increased threat of— 

8 ‘‘(A) changing, more frequent, and more 

9 severe extreme weather events; 

10 ‘‘(B) rising natural hazard risk; 

11 ‘‘(C) disruptions to or failure of critical in12 frastructure; 

13 ‘‘(D) sea-level rise; 

14 ‘‘(E) internal population displacement; 

15 ‘‘(F) the spread of life-threatening dis16 eases; 

17 ‘‘(G) rising annual disaster costs; and 

18 ‘‘(H) disproportionately high risks and im19 pacts to low-income communities, communities 

20 of color, Tribal communities, and other front21 line communities.’’. 

22 SEC. 5. DEFINITIONS IN THE STAFFORD ACT. 

23 Section 102 of the Robert T. Stafford Disaster Relief 

24 and Emergency Assistance Act (42 U.S.C. 5122) is 

25 amended by adding at the end the following: 


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1 ‘‘(13) CLIMATE CHANGE.—The term ‘climate 

2 change’ means the long-term shifts in global and re3 gional climate patterns, and associated phenomena, 

4 that are occurring primarily as a result of anthropo5 genic greenhouse gas emissions. 

6 ‘‘(14) EXTREME WEATHER EVENTS.—The term 

7 ‘extreme weather events ’means historically rare or 

8 severe natural disasters such as heat waves, 

9 droughts, floods, tornadoes, and hurricanes. 

10 ‘‘(15) FRONTLINE COMMUNITY.—The term 

11 ‘frontline community’ means a low-income commu12 nity, community of color, or Tribal community that 

13 is disproportionately impacted or burdened by cli14 mate change and associated phenomena. 

15 ‘‘(16) SEA-LEVEL RISE.—The term ‘sea-level 

16 rise’ means the local, regional, and global long-term 

17 trends in rising average sea levels that are occurring 

18 as a direct result of climate change and additional 

19 local factors such as land subsidence.’’. 

20 SEC. 6. INCLUSION OF CLIMATE CHANGE IN STRATEGIC 

21 PLAN. 

22 (a) CURRENT STRATEGIC PLAN.—Not later than 180 

23 days after the date of enactment of this Act, the Adminis24 trator shall revise the 2018–2022 Strategic Plan to— 


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1 (1) ensure that the text of the plan explicitly 

2 mentions climate change, in accordance with the pol3 icy of FEMA in section 101 of the Robert T. Staf4 ford Disaster Relief and Emergency Assistance Act 

5 (42 U.S.C. 5121), as amended by section 4; and 

6 (2) address the implications of climate change 

7 on homeland security and near- and long-term na8 tional disaster risk, including emergency prepared9 ness, response, recovery, and mitigation. 

10 (b) FUTURE STRATEGIC PLANS.—Any strategic plan 

11 subsequent to the 2018–2022 Strategic Plan developed by 

12 FEMA shall— 

13 (1) explicitly mention climate change, in accord14 ance with the policy of FEMA under section 101 of 

15 the Robert T. Stafford Disaster Relief and Emer16 gency Assistance Act (42 U.S.C. 5121), as amended 

17 by section 4; and 

18 (2) address the implications of climate change 

19 on homeland security and near- and long-term na20 tional disaster risk, including emergency prepared21 ness, response, recovery, and mitigation, drawing 

22 upon findings and recommendations, once available, 

23 from the Climate Change Subcommittee described in 

24 section 7 and the assessment of climate change risks 

25 and preparedness described in section 8. 


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1 SEC. 7. NATIONAL ADVISORY COUNCIL CLIMATE CHANGE 

2 SUBCOMMITTEE. 

3 (a) ESTABLISHMENT.—Not later than 60 days after 

4 the date of enactment of this Act, the Secretary of Home5 land Security shall establish, as a subcommittee of the Na6 tional Advisory Council, the Climate Change Sub7 committee (in this Act referred to as the ‘‘Sub8 committee’’). 

9 (b) MEMBERSHIP.— 

10 (1) IN GENERAL.—Notwithstanding any other 

11 provision of law, the Subcommittee shall consist of— 

12 (A) the Administrator of FEMA; 

13 (B) the Director of the United States Geo14 logical Survey of the Department of the Inte15 rior; 

16 (C) the Director of the Bureau of Safety 

17 and Environmental Enforcement of the Depart18 ment of the Interior; 

19 (D) the Under Secretary of Commerce for 

20 Oceans and Atmosphere; 

21 (E) the Commanding Officer of the United 

22 States Army Corps of Engineers; 

23 (F) the Director of the Office of Homeland 

24 Security and Emergency Coordination of the 

25 Department of Agriculture; 


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1 (G) the Executive Director of the Federal 

2 Highway Administration of the Department of 

3 Transportation; 

4 (H) the Executive Director of the Federal 

5 Transit Administration of the Department of 

6 Transportation; 

7 (I) the Under Secretary of Energy of the 

8 Department of Energy; 

9 (J) the Commissioner of the Federal Hous10 ing Administration of the Department of Hous11 ing and Urban Development; 

12 (K) the Assistant Administrator of the Of13 fice of Land and Emergency Management of 

14 the Environmental Protection Agency; 

15 (L) the Acting Director of the Center for 

16 Preparedness and Response of the Department 

17 of Health and Human Services; 

18 (M) the National Climate Advisor of the 

19 Office of Domestic Climate Policy of the Execu20 tive Office of the President; 

21 (N) the Chair of the Environmental Jus22 tice Interagency Council of the Executive Office 

23 of the President; 


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1 (O) such other qualified individuals as the 

2 Administrator shall appoint as soon as prac3 ticable from among— 

4 (i) members of the National Advisory 

5 Council who have the requisite technical 

6 knowledge and expertise to address climate 

7 change threats to homeland security, in8 cluding— 

9 (I) emergency management and 

10 emergency response providers; 

11 (II) State, local, and Tribal gov12 ernment officials; 

13 (III) climate scientists and ex14 perts in natural disaster risk assess15 ment; and 

16 (IV) experts in climate change 

17 adaption, mitigation, and resilience; 

18 and 

19 (ii) individuals who have the requisite 

20 technical knowledge and expertise to serve 

21 on the Subcommittee, including not less 

22 than 1 representative from each of— 

23 (I) an environmental justice or24 ganization representing low-income 

25 communities and communities of color 


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1 that are disproportionately impacted 

2 by climate change; 

3 (II) a Tribal community that is 

4 disproportionately impacted by climate 

5 change or environmental pollution; 

6 (III) an organized labor group 

7 within the resilient infrastructure sec8 tor; 

9 (IV) a private-sector company 

10 that designs, develops, or constructs 

11 resilient infrastructure, or an organi12 zation that represents those compa13 nies; 

14 (V) a city or county that is di15 rectly impacted by coastal sea-level 

16 rise; 

17 (VI) a State that is directly im18 pacted by coastal sea-level rise; 

19 (VII) a city or county that is 

20 highly impacted by wildfires or 

21 droughts; 

22 (VIII) a State that is highly im23 pacted by wildfires or droughts; 

24 (IX) scientists with expertise in 

25 climate science and natural disaster 


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1 risk assessment who are faculty mem2 bers at an accredited university; and 

3 (X) experts in homeland security 

4 threat assessment and intelligence 

5 analysis, especially as it concerns nat6 ural disasters; and 

7 (P) representatives of such other stake8 holders and interested and affected parties as 

9 the Administrator determines appropriate. 

10 (2) REPRESENTATION.—The Administrator 

11 shall ensure, to the extent practicable, that members 

12 of the Subcommittee represent a geographic (includ13 ing urban, rural, and coastal) and substantive diver14 sity of State, local, and Tribal government officials, 

15 emergency managers, and emergency response pro16 viders, scientific and technical experts, private sector 

17 companies, and nongovernmental organizations. 

18 (c) RESPONSIBILITIES.—The Subcommittee shall ad19 vise the Administrator on how to best incorporate climate 

20 change, including risk assessments and strategies for ad21 aptation and mitigation, into and throughout the policies, 

22 plans, programs, and operations of FEMA, including 

23 through the performance of the following duties: 

24 (1) ASSESSMENT.—Not later than 18 months 

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1 committee shall develop and submit to the Adminis2 trator and Congress, and make available to the pub3 lic, an assessment of all relevant FEMA policies, 

4 plans, programs, strategies, and operations with a 

5 focus on climate change-related risks, impacts, adap6 tation, preparedness, mitigation, and resilience, 

7 which assessment shall address— 

8 (A) existing and future risks and impacts 

9 posed by climate change to States, cities, and 

10 communities throughout the United States, in11 cluding the current and potential impacts of cli12 mate change on national emergency manage13 ment, annual disaster costs, and natural dis14 aster mitigation, preparedness, response, and 

15 recovery; 

16 (B) the extent to which climate change, in17 cluding risk assessments, resilience, adaptation, 

18 and mitigation, is, as of the date of the assess19 ment, integrated within FEMA policies, plans, 

20 programs, strategies, and operations, as well as 

21 the extent to which and areas where that inte22 gration is lacking; 

23 (C) the extent to which climate change, in24 cluding risk assessments, resilience, adaptation, 

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1 ment, incorporated into technical assistance, 

2 outreach, grant, and loan programs, as well as 

3 the extent to which and programs where such 

4 integration is lacking; 

5 (D) partnerships and coordination with 

6 Federal, State, and local agencies and authori7 ties, as well as volunteer and private entities; 

8 (E) data collection, management, and anal9 ysis; 

10 (F) recommendations regarding how 

11 FEMA can better incorporate climate change 

12 throughout FEMA policies, plans, programs, 

13 strategies, and operations, which shall ad14 dress— 

15 (i) risk assessments, including ways to 

16 more comprehensively predict and incor17 porate existing and future risks as they re18 late to climate change; 

19 (ii) strategies to increase climate 

20 change adaptation, mitigation, and resil21 ience in communities throughout the 

22 United States; 

23 (iii) ways to ensure that investments 

24 and strategies around climate change ad25 aptation, mitigation, and resilience benefit 


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1 all communities, especially frontline com2 munities; 

3 (iv) critical information, communica4 tion, and policy gaps, barriers, and chal5 lenges; 

6 (v) technical assistance, outreach, 

7 grant, and loan programs, including ways 

8 that FEMA can use and expand those pro9 grams to increase climate change prepared10 ness throughout the emergency manage11 ment community and strengthen climate 

12 change adaptation, mitigation, and resil13 ience across the United States, particularly 

14 in frontline communities; 

15 (vi) coordination with all relevant 

16 partners, including Federal, State, and 

17 local agencies and authorities, as well as 

18 private entities and volunteers; 

19 (vii) monitoring, recording, and ana20 lyzing FEMA actions, data management, 

21 and budget allocations to help advance cli22 mate resilience; 

23 (viii) methodologies for integrating 

24 and disseminating scientific knowledge of 

25 projected climate change impacts and 


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1 risks, and other relevant data and informa2 tion, into policies, guidance, and public 

3 communications; 

4 (ix) platforms for sharing best prac5 tices, information, and lessons learned with 

6 the emergency management community in 

7 the United States and general public, in8 cluding public web pages, webinars, and 

9 workshops; 

10 (x) FEMA’s 2018–2022 Strategic 

11 Plan, and ways for FEMA to better incor12 porate climate change into all future stra13 tegic plans; and 

14 (xi) any other matters as the Admin15 istrator determines to be appropriate; and 

16 (G) timeframes for implementing any rec17 ommendations under subparagraph (F) that do 

18 not require congressional action, and the identi19 fication of any recommendations that require 

20 congressional action. 

21 (2) ONGOING DUTIES.—Upon request of the 

22 Administrator, the Subcommittee shall, on an ongo23 ing basis— 

24 (A) review any relevant Agency policies, 

25 plans, programs, strategies, and operations, and 


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1 make any necessary recommendations thereof, 

2 regarding climate change; 

3 (B) support the Administrator in incor4 porating and implementing findings and rec5 ommendations from the assessment described in 

6 paragraph (1) into all relevant Agency policies, 

7 plans, programs, strategies, and operations, in8 cluding the assessment of climate change risks 

9 and preparedness described in section 8; and 

10 (C) perform any other relevant duties as 

11 the Administrator determines to be appropriate. 

12 (d) PUBLIC MEETINGS.—In carrying out its duties 

13 under this section, the Subcommittee shall— 

14 (1) consult with stakeholders through not less 

15 than 2 public meetings each year, the total of which 

16 not less than 3 shall be during the time in which the 

17 Subcommittee is conducting the assessment de18 scribed in subsection (c)(1); and 

19 (2) seek input from all stakeholder interests in20 cluding State and local representatives, environ21 mental and climate justice organizations, private in22 dustry representatives, advocacy groups, planning 

23 and resilience organizations, labor representatives, 

24 and representatives from frontline communities. 


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1 (e) COMPENSATION AND EXPENSES.—Any non-feder2 ally employed member of the Subcommittee, when attend3 ing meetings of the Subcommittee or when otherwise en4 gaged in the business of the Subcommittee, shall receive— 

5 (1) compensation at a rate fixed by the Sec6 retary of Homeland Security, not exceeding the daily 

7 equivalent of the current rate of basic pay in effect 

8 for GS–15 of the General Schedule under section 

9 5332 of title 5, United States Code, including travel 

10 time; and 

11 (2) travel or transportation expenses under sec12 tion 5703 of title 5, United States Code. 

13 (f) CHAIR.—The Administrator shall serve as the 

14 Chair of the Subcommittee. 

15 (g) STAFF.— 

16 (1) FEMA.—Upon request of the Sub17 committee, the Administrator may detail, on a non18 reimbursable basis, personnel of FEMA to assist the 

19 Subcommittee in carrying out the duties of the Sub20 committee. 

21 (2) OTHER FEDERAL AGENCIES.—Upon request 

22 of the Subcommittee, any other Federal agency that 

23 is a member of the Subcommittee may detail, on a 

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1 committee in carrying out the duties of the Sub2 committee. 

3 (h) POWERS.—In carrying out this section, the Sub4 committee may hold hearings, receive evidence and assist5 ance, provide information, conduct research, and author 

6 reports as the Subcommittee considers appropriate. 

7 (i) TERMINATION.—The Subcommittee shall termi8 nate not later than 3 years after the submission of the 

9 assessment required under subsection (c)(1). 

10 (j) UPDATES AND IMPLEMENTATION.— 

11 (1) IN GENERAL.—Beginning not later than 90 

12 days after the submission of the assessment under 

13 subsection (c)(1), the Administrator shall— 

14 (A) coordinate the implementation of the 

15 recommendations, and actions to address the 

16 findings, as described in the assessment, where 

17 appropriate; and 

18 (B) provide updates annually thereafter, 

19 until the date that is 1 year after the date on 

20 which the Subcommittee terminates, to the 

21 Committee on Homeland Security and Govern22 mental Affairs of the Senate and the Committee 

23 on Homeland Security of the House of Rep24 resentatives containing— 


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1 (i) the implementation status of the 

2 findings and recommendations of the as3 sessment; and 

4 (ii) any other findings and rec5 ommendations that the Subcommittee may 

6 provide in the course of the duties of the 

7 Subcommittee. 

8 (2) FINDINGS.—Not later than 2 years after 

9 the date of enactment of this Act, and annually 

10 thereafter until the termination of the Sub11 committee, the Administrator shall submit to the 

12 Committee on Homeland Security and Governmental 

13 Affairs of the Senate and the Committee on Home14 land Security of the House of Representatives and 

15 make available to the public a report on the actions 

16 taken by the Administrator to incorporate and im17 plement the findings and recommendations from the 

18 assessment described in subsection (c)(1), and any 

19 other findings and recommendations that the Sub20 committee may provide, into all relevant Agency 

21 policies, plans, programs, strategies, and operations. 

22 SEC. 8. ASSESSMENT OF CLIMATE CHANGE RISKS AND PRE23 PAREDNESS. 

24 (a) IN GENERAL.—Not later than 4 years after the 

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1 after, the Administrator shall publish as a report, submit 

2 to the Committee on Homeland Security and Govern3 mental Affairs of the Senate and the Committee on Home4 land Security of the House of Representatives, and make 

5 available to Congress and the public a comprehensive as6 sessment of climate change risks and preparedness, which 

7 shall— 

8 (1) incorporate and expand upon the findings 

9 and recommendations made by the Subcommittee; 

10 (2) identify, predict, and assess existing and fu11 ture natural disaster risks and impacts posed by cli12 mate change to States, cities, and communities 

13 throughout the United States, including the current 

14 and potential impact to annual disaster, mitigation, 

15 and insurance costs, as well as to natural disaster 

16 mitigation, adaptation, preparedness, response, and 

17 recovery capabilities and efforts; 

18 (3) identify, predict, and assess risks and im19 pacts to frontline communities, particularly low-in20 come communities, communities of color, and Tribal 

21 communities; 

22 (4) assess the current state of preparedness 

23 throughout the emergency management community, 

24 and across all levels of government, in relation to the 


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1 expected natural disaster risks and impacts posed by 

2 climate change; 

3 (5) identify steps taken by FEMA to integrate 

4 climate change into all relevant Agency policies, 

5 plans, programs, strategies, and operations; 

6 (6) identify measures taken by FEMA to in7 crease climate change resilience, adaptation, and 

8 mitigation throughout the United States, and to in9 crease overall preparedness of the entire emergency 

10 management community; 

11 (7) provide recommendations and best practices 

12 for how FEMA, all relevant partners, and the emer13 gency management community in the United States 

14 can better prepare for, mitigate, and adapt to the 

15 present and future national disaster risks and im16 pacts posed by climate change, including specific rec17 ommendations and best practices for increasing cli18 mate change resilience, adaptation, and mitigation in 

19 frontline communities; 

20 (8) describe climate change mitigation, adapta21 tion, and resilience methods adopted in not less than 

22 5 communities across the United States, including 

23 not less than— 

24 (A) 1 urban community; 

25 (B) 1 rural community; 


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1 (C) 1 coastal community; and 

2 (D) 1 frontline community; and 

3 (9) incorporate any other components and sec4 tions as the Administrator determines appropriate. 

5 (b) METHODOLOGY.—Not later than 3 years after 

6 the date of enactment of this Act, the Secretary shall re7 port to the Committee on Homeland Security and Govern8 mental Affairs of the Senate and the Committee on Home9 land Security of the House of Representatives on the 

10 methodology that will be used to conduct the analysis and 

11 produce the assessment required under subsection (a). 

Æ 


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