II 

117TH CONGRESS 

1ST SESSION S. 3156 

To require Federal agencies to maintain plans for responding to, mitigating, 

and adapting to climate change, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

NOVEMBER 3, 2021 

Ms. KLOBUCHAR (for herself, Ms. SMITH, Mr. MURPHY, Mr. VAN HOLLEN, 

Ms. WARREN, Ms. STABENOW, and Mr. DURBIN) introduced the following bill; which was read twice and referred to the Committee on 

Homeland Security and Governmental Affairs 

A BILL 

To require Federal agencies to maintain plans for responding 

to, mitigating, and adapting 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. 

4 This Act may be cited as the ‘‘Federal Agency Cli5 mate Planning, Resilience, and Enhanced Preparedness 

6 Act of 2021’’ or the ‘‘Federal Agency Climate PREP Act 

7 of 2021’’. 


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1 SEC. 2. CLIMATE ACTION PLANS. 

2 (a) AGENCY CLIMATE ACTION PLANS REQUIRED.— 

3 Not later than 1 year after the date of enactment of this 

4 Act, the head of each agency shall submit to the Director 

5 an agency climate action plan. 

6 (b) CONTENTS OF PLAN.—Each agency climate ac7 tion plan submitted pursuant to subsection (a) shall in8 clude the following: 

9 (1) An identification and assessment of climate 

10 change-related impacts on and risks to the ability of 

11 the agency to accomplish its missions, operations, 

12 and programs. 

13 (2) A description of programs, policies, and 

14 plans the agency has in place and any additional ac15 tion the agency plans to take to mitigate and man16 age the impacts and risks identified in paragraph 

17 (1) and build resilience, both immediately and at 

18 milestones that are 2, 5, 10, and 20 years after the 

19 date of enactment of this Act. 

20 (3) A description of how any climate change-re21 lated impact and risk identified under paragraph (1) 

22 that is determined by the agency to be so significant 

23 that it impairs the statutory mission or operation of 

24 the agency will be addressed. 

25 (4) An assessment of whether implementation 

26 of any of the programs, policies, or plans of the 


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1 agency exacerbates climate change-related impacts 

2 and risks. 

3 (5) A description of how the agency will con4 sider the need to improve climate change adaptation 

5 and resilience, including— 

6 (A) an assessment that monetizes the costs 

7 and benefits of such improvement, including the 

8 value of climate change adaptation, resilience, 

9 and mitigation; and 

10 (B) with respect to agency suppliers, sup11 ply chains, real property investments, and cap12 ital equipment purchases, such as updating 

13 agency policies for leasing, building upgrades, 

14 relocation of existing facilities and equipment, 

15 and construction of new facilities. 

16 (6) In the case of the implementation of a pro17 gram that uses cost-benefit analyses, a description of 

18 any additional methodologies used by the agency to 

19 incorporate climate change risks into the cost-benefit 

20 analyses, including the metrics and methodologies 

21 used. 

22 (7) An assessment of the efforts of the agency 

23 to reverse the disproportionate impacts of climate 

24 change on disadvantaged communities and vulner25 able populations, including— 


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1 (A) a description of opportunities identified 

2 to reverse those impacts; 

3 (B) a description of progress made in re4 versing those impacts; and 

5 (C) a description of the methodology of the 

6 agency for actively and widely soliciting and re7 ceiving input and feedback directly from those 

8 communities and populations regarding the op9 portunities and progress described in subpara10 graphs (A) and (B). 

11 (8) A description of how the agency will pro12 mote the preparedness and resilience of the Federal 

13 workforce with respect to climate change. 

14 (9) A description of how the agency will con15 tribute to coordinated interagency efforts to support 

16 climate change mitigation, preparedness, and resil17 ience at all levels of government, including collabo18 rative work across regional offices of agencies and 

19 through coordinated development of information, 

20 data, and tools. 

21 (c) PROGRESS REPORTS.—The head of each agency 

22 shall submit to the Director an annual report on the im23 plementation of the agency climate action plans required 

24 pursuant to subsection (a), including updated identificaVerDate Sep 11 2014 16:10 Nov 08, 2021 Jkt 029200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3156.IS S3156

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1 tion and assessments of climate change-related impacts 

2 and risks. 

3 SEC. 3. COUNCIL ON FEDERAL AGENCY CLIMATE PLAN4 NING, RESILIENCE, AND ENHANCED PRE5 PAREDNESS. 

6 (a) ESTABLISHMENT.—There is established an inter7 agency council, to be known as the ‘‘Council on Federal 

8 Agency Climate Planning, Resilience, and Enhanced Pre9 paredness’’ or the ‘‘Council on Federal Agency PREP’’ 

10 (referred to in this section as the ‘‘Council’’). 

11 (b) LEADERSHIP.—The Director shall— 

12 (1) serve as the Chair of the Council; and 

13 (2) be guided as Chair of the Council by a 

14 steering committee (referred to in this section as the 

15 ‘‘steering committee’’), which shall help to determine 

16 the priorities and strategic direction of the Council 

17 in accordance with subsection (f), composed of— 

18 (A) the National Climate Advisor estab19 lished under section 4(b); 

20 (B) the Chair of the Council on Environ21 mental Quality; and 

22 (C) the Director of the Office of Science 

23 and Technology Policy. 

24 (c) MEMBERS.—In addition to the Director and 

25 members of the steering committee, the Council shall be 


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1 composed of the following members who are senior offi2 cials (Deputy Secretary or equivalent officer) from the fol3 lowing: 

4 (1) The Department of State. 

5 (2) The Department of the Treasury. 

6 (3) The Department of Defense. 

7 (4) The Department of Justice. 

8 (5) The Department of the Interior. 

9 (6) The Department of Agriculture. 

10 (7) The Department of Commerce. 

11 (8) The Department of Labor. 

12 (9) The Department of Health and Human 

13 Services. 

14 (10) The Department of Housing and Urban 

15 Development. 

16 (11) The Department of Transportation. 

17 (12) The Department of Energy. 

18 (13) The Department of Education. 

19 (14) The Department of Veterans Affairs. 

20 (15) The Department of Homeland Security. 

21 (16) The United States Agency for Inter22 national Development. 

23 (17) The Corps of Engineers. 

24 (18) The Environmental Protection Agency. 

25 (19) The General Services Administration. 


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1 (20) The Millennium Challenge Corporation. 

2 (21) The National Aeronautics and Space Ad3 ministration. 

4 (22) The Small Business Administration. 

5 (23) The Corporation for National and Commu6 nity Service. 

7 (24) The Office of Personnel Management. 

8 (25) The Nuclear Regulatory Commission. 

9 (26) The Office of the Director of National In10 telligence. 

11 (27) The Council of Economic Advisers. 

12 (28) The National Economic Council. 

13 (29) The Domestic Policy Council. 

14 (30) The White House Office of Public Engage15 ment and Intergovernmental Affairs. 

16 (31) The United States Trade Representative. 

17 (32) Such other agencies or offices as the Presi18 dent or Director shall designate. 

19 (d) ADMINISTRATION.— 

20 (1) IN GENERAL.—The Office of Management 

21 and Budget shall provide administrative support and 

22 additional resources, as appropriate, to the Council. 

23 (2) AGENCY ASSISTANCE.—Agencies shall assist 

24 and provide information to the Council determined 


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1 to be necessary by the Chair to carry out the func2 tions of the Council. 

3 (3) PARTICIPATION COSTS.—Each agency rep4 resented on the Council shall pay its own expenses 

5 related to participating as members of the Council. 

6 (e) COUNCIL STRUCTURE.—The Director and the 

7 steering committee may establish task forces and working 

8 groups within the Council as needed. 

9 (f) MISSION AND FUNCTION OF THE COUNCIL.—The 

10 Council, in partnership with State and local governments, 

11 academic and research institutions, and the private and 

12 nonprofit sectors, shall coordinate with Federal agencies 

13 and offices to do the following: 

14 (1) Facilitate the organization and deployment 

15 of a government-wide approach to combat the cli16 mate crisis. 

17 (2) Develop, recommend, coordinate interagency 

18 efforts on, and track implementation of Federal 

19 Government actions— 

20 (A) to reduce climate pollution; 

21 (B) to increase resilience to the impacts of 

22 climate change; 

23 (C) to protect public health; 

24 (D) to conserve land, water, oceans, and 

25 biodiversity; 


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1 (E) to deliver environmental justice; and 

2 (F) to spur well-paying union jobs and eco3 nomic growth. 

4 (3) Provide expertise to assist regional, State, 

5 and local action— 

6 (A) to reduce climate pollution; 

7 (B) to increase resilience to the impacts of 

8 climate change; 

9 (C) to protect public health; 

10 (D) to conserve land, water, oceans, and 

11 biodiversity; 

12 (E) to deliver environmental justice; and 

13 (F) to spur well-paying union jobs and eco14 nomic growth. 

15 (4) Integrate climate change science in policies 

16 and planning, where appropriate, for agencies and 

17 the private sector, including by developing and de18 ploying innovative, actionable, and accessible Federal 

19 climate change related information, data, and tools. 

20 (5) To the extent permitted by law, prioritize 

21 action on climate change in policymaking, budget 

22 processes, contracting and procurement, and engage23 ment with governments, workers, communities, and 

24 the private sector. 


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1 (6) Such other actions as the Director may de2 termine necessary. 

3 SEC. 4. WHITE HOUSE OFFICE OF DOMESTIC CLIMATE POL4 ICY. 

5 (a) ESTABLISHMENT.—There is established, within 

6 the Executive Office of the President, the Office of Domes7 tic Climate Policy (referred to in this section as the ‘‘Of8 fice’’). 

9 (b) NATIONAL CLIMATE ADVISOR.— 

10 (1) IN GENERAL.—The Office shall be headed 

11 by the National Climate Advisor (referred to in this 

12 section as the ‘‘Advisor’’), whom shall be appointed 

13 by the President. 

14 (2) POSITION.—The Advisor shall hold office at 

15 the pleasure of the President. 

16 (3) PAY AND ALLOWANCES.—The Advisor shall 

17 be entitled to receive the same pay and allowances 

18 as is provided for level II of the Executive Schedule 

19 under section 5313 of title 5, United States Code. 

20 (4) DUTIES OF THE NATIONAL CLIMATE ADVI21 SOR.—Subject to the authority, direction, and con22 trol of the President, the Advisor shall— 

23 (A) coordinate the policymaking process 

24 with respect to domestic climate policy issues; 


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1 (B) coordinate domestic climate policy ad2 vice to the President; 

3 (C) ensure that— 

4 (i) domestic climate policy decisions 

5 and programs are consistent with the stat6 ed goals of the President; and 

7 (ii) those goals are being effectively 

8 pursued; and 

9 (D) monitor the implementation of the do10 mestic climate policy agenda of the President. 

11 (5) POWERS OF THE NATIONAL CLIMATE ADVI12 SOR.—The Advisor may, for the purposes of car13 rying out the functions of the Advisor under this 

14 section— 

15 (A) subject to the civil service and classi16 fication laws— 

17 (i) select, appoint, employ, and fix the 

18 compensation of such officers and employ19 ees as are necessary; and 

20 (ii) prescribe the duties of those offi21 cers and employees; 

22 (B)(i) employ experts and consultants in 

23 accordance with section 3109 of title 5, United 

24 States Code, and compensate individuals so em25 ployed for each day (including travel time) at 


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1 rates not in excess of the maximum rate of 

2 basic pay for grade GS–15, as provided in sec3 tion 5332 of that title; and 

4 (ii) while those experts and consultants are 

5 so serving away from their homes or regular 

6 places of business, pay those experts and con7 sultants travel expenses and per diem in lieu of 

8 subsistence at rates authorized by section 5703 

9 of that title for individuals employed intermit10 tently in the Federal Government service; 

11 (C) promulgate such rules and regulations 

12 as may be necessary to carry out the functions, 

13 powers, and duties vested in the Advisor; 

14 (D) enter into and perform under such 

15 contracts, leases, cooperative agreements, or 

16 other transactions with Federal agencies or any 

17 public or private persons or entities as may be 

18 necessary in the conduct of the work of the Of19 fice, on such terms as the Advisor may deter20 mine appropriate; 

21 (E) notwithstanding section 1342 of title 

22 31, United States Code, accept voluntary and 

23 uncompensated services; 

24 (F) adopt an official seal, which shall be 

25 judicially noticed; and 


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1 (G) provide, when authorized by law, cop2 ies of documents to persons at cost, except that 

3 any funds so received shall be credited to, and 

4 be available for use from, the account from 

5 which expenditures relating to the documents 

6 were made. 

7 SEC. 5. DEFINITIONS. 

8 In this Act: 

9 (1) ADAPTATION.—The term ‘‘adaptation’’ 

10 means adjustment to natural or human systems in 

11 response to actual or expected climate change, in12 cluding both sudden-onset and slow-onset climate 

13 change-related risks or events assessed through his14 torical data, recent climate conditions and risks, and 

15 climate change projections, to minimize negative im16 pacts on human health and safety, equity, eco17 systems, and the environment. 

18 (2) AGENCY.—The term ‘‘agency’’ has the 

19 meaning given the term ‘‘Executive agency’’ under 

20 section 105 of title 5, United States Code, but does 

21 not include the Government Accountability Office. 

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

23 change’’ means the long-term change in the average 

24 weather patterns influencing local, regional, and 

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1 produced greenhouse gas emissions, and observed 

2 through key indicators, including global land and 

3 ocean temperature increases, rising sea levels, loss of 

4 polar and mountain glacier ice, cloud and vegetation 

5 cover changes, and increases in extreme weather, 

6 such as hurricanes, heatwaves, wildfires, droughts, 

7 floods, and precipitation. 

8 (4) DIRECTOR.—The term ‘‘Director’’ means 

9 the Director of the Office of Management and Budg10 et. 

11 (5) DISADVANTAGED COMMUNITY.—The term 

12 ‘‘disadvantaged community’’ means a community 

13 that is harmed by environmental, economic, or socio14 economic injustice, including— 

15 (A) a community that— 

16 (i) has a high concentration of low-in17 come and low-wealth households, including 

18 households comprised primarily of mem19 bers of groups that have historically expe20 rienced discrimination on the basis of race, 

21 gender, national origin, or ethnicity (in22 cluding Black, Indigenous, Latino, Arab, 

23 Asian, and Pacific Islander communities); 

24 or 


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1 (ii) faces economic transition, dein2 dustrialization, historic underinvestment, 

3 or poverty; and 

4 (B) a low-income or low-wealth community 

5 facing environmental injustice, including any 

6 community that, as determined by the Direc7 tor— 

8 (i) is located nearest to an existing 

9 area of grave environmental pollution or 

10 degradation; 

11 (ii) bears a burden of negative public 

12 health effects of pollution; 

13 (iii) includes one or more sites of— 

14 (I) a facility that is part of a pol15 luting industry; 

16 (II) a waste dump; or 

17 (III) a facility for resource ex18 traction; 

19 (iv) experiences a high incidence of 

20 climate change-related impacts and disas21 ters; 

22 (v) has been excluded or harmed by 

23 racist or discriminatory policies that have 

24 resulted in economic or health disparities; 


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1 (vi) faces relocation and resettlement 

2 resulting from— 

3 (I) climate change; 

4 (II) impacts to the environment 

5 and ecosystems from climate change; 

6 or 

7 (III) impacts associated with eco8 nomic inequities; or 

9 (vii) is an Indigenous community. 

10 (6) IMPACT.—The term ‘‘impact’’ means con11 sequences, both realized and expected, for natural 

12 and human systems. 

13 (7) PREPAREDNESS.—The term ‘‘preparedness’’ 

14 means actions taken to plan, organize, equip, train, 

15 and exercise to build, apply, and sustain the capa16 bilities necessary to prevent, protect against, amelio17 rate the effects of, respond to, and recover from cli18 mate change-related damages to life, health, prop19 erty, livelihoods, ecosystems, and national security. 

20 (8) RESILIENCE.—The term ‘‘resilience’’ means 

21 the ability to anticipate, prepare for, and adapt to 

22 changing conditions and withstand, respond to, and 

23 recover rapidly from disruptions while ensuring the 

24 sustainment of mission-critical operations. 


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1 (9) RISK.—The term ‘‘risk’’ means a potential 

2 exposure to danger as a result of the impacts of cli3 mate change, including a potential exposure to such 

4 danger that results from societal constraints that 

5 shape adaptation options. 

6 (10) STATE.—The term ‘‘State’’ means each of 

7 the several States, the District of Columbia, each 

8 commonwealth, territory, or possession of the United 

9 States, and each federally recognized Indian Tribe. 

10 (11) VULNERABLE POPULATION.—The term 

11 ‘‘vulnerable population’’ means groups of individuals, 

12 including those with underlying health conditions, 

13 subject to greater climate change exposure, or ad14 versely impacted by social determinants of health, 

15 who experience heightened sensitivity to climate-re16 lated health and economic impacts. 

Æ 


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