I 

116TH CONGRESS 

2D SESSION H. R. 8429 

To amend chapter 3 of title 5, United States Code, to require Federal 

agencies to submit plans for responding to, mitigating, and adapting 

to climate change, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 29, 2020 

Mrs. CAROLYN B. MALONEY of New York (for herself and Mr. ROUDA) introduced the following bill; which was referred to the Committee on Oversight and Reform 

A BILL 

To amend chapter 3 of title 5, United States Code, to require 

Federal agencies to submit 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 2020’’ or the ‘‘Federal Agency Climate PREP 

7 Act’’. 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•HR 8429 IH

1 SEC. 2. CLIMATE CHANGE ADAPTATION PLANS. 

2 (a) AMENDMENT.—Chapter 3 of title 5, United 

3 States Code, is amended by adding at the end the fol4 lowing new subchapter: 

5 ‘‘SUBCHAPTER III—CLIMATE CHANGE 

6 ADAPTATION 

7 ‘‘§ 321. Definitions 

8 ‘‘In this subchapter: 

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

10 means adjustment in natural or human systems in 

11 anticipation of or response to a changing environ12 ment in a way that effectively uses beneficial oppor13 tunities or reduces negative effects. 

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

15 meaning given the term ‘Executive agency’ under 

16 section 105, but does not include the Government 

17 Accountability Office. 

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

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

20 weather patterns influencing local, regional, and 

21 global climates, that are primarily driven by human22 produced greenhouse gas emissions, and observed 

23 through key indicators including global land and 

24 ocean temperature increases, rising sea levels, loss of 

25 polar and mountain glacier ice, cloud and vegetation 

26 cover changes, and increases in extreme weather 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•HR 8429 IH

1 such as hurricanes, heatwaves, wildfires, droughts, 

2 floods, and precipitation. 

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

4 the Director of the Office of Management and Budg5 et. 

6 ‘‘(5) FRONTLINE COMMUNITY.—The term 

7 ‘frontline community’ means a low-income commu8 nity, community of color, or Tribal community that 

9 is disproportionately impacted or burdened by cli10 mate change and associated phenomena. 

11 ‘‘(6) IMPACT.—The term ‘impact’ means con12 sequences, both realized and expected, for natural 

13 and human systems. 

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

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

16 and exercise to build, apply, and sustain the capa17 bilities necessary to prevent, protect against, amelio18 rate the effects of, respond to, and recover from cli19 mate change-related damages to life, health, prop20 erty, livelihoods, ecosystems, and national security. 

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

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

23 changing conditions and withstand, respond to, and 

24 recover rapidly from disruptions while ensuring the 

25 sustainment of mission-critical operations. 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•HR 8429 IH

1 ‘‘(9) RISK.—The term ‘risk’ means an assess2 ment based on formal analysis of the consequences, 

3 likelihoods, and responses to the impacts of climate 

4 change and how societal constraints shape adapta5 tion 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. 

17 ‘‘§ 322. Agency climate change adaptation plans re18 quired 

19 ‘‘(a) AGENCY CLIMATE CHANGE ADAPTATION PLANS

20 REQUIRED.—Not later than 1 year after the date of the 

21 enactment of this section, the head of each agency shall 

22 submit to the Director an agency climate change adapta23 tion plan. 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•HR 8429 IH

1 ‘‘(b) CONTENTS OF PLAN.—Each agency climate 

2 change adaptation plan submitted pursuant to subsection 

3 (a) shall include the following: 

4 ‘‘(1) An identification and assessment of cli5 mate change-related impacts on and risks to the 

6 ability of the agency to accomplish its missions, op7 erations, and programs. 

8 ‘‘(2) A description of programs, policies, and 

9 plans the agency has in place and any additional ac10 tion the agency plans to take to manage the impacts 

11 and risks identified in paragraph (1) and build resil12 ience, both immediately and at milestones that are 

13 5, 10, and 20 years after the date of the enactment 

14 of this section. 

15 ‘‘(3) A description of how any climate change16 related impact and risk identified under paragraph 

17 (1) that is determined by the agency to be so signifi18 cant that it impairs the statutory mission or oper19 ation of the agency will be addressed. 

20 ‘‘(4) An assessment of whether implementation 

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

22 agency exacerbates climate change-related impacts 

23 and risks, and a description of how the agency will 

24 consider the need to improve climate change adapta25 tion and resilience, including the costs and benefits 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•HR 8429 IH

1 of such improvement, with respect to agency sup2 pliers, supply chains, real property investments, and 

3 capital equipment purchases such as updating agen4 cy policies for leasing, building upgrades, relocation 

5 of existing facilities and equipment, and construction 

6 of new facilities. 

7 ‘‘(5) In the case of the implementation of a pro8 gram that uses cost-benefit analyses, a description of 

9 how the agency incorporates climate change risks 

10 into the cost-benefit analyses, including the metrics 

11 and methodologies used. 

12 ‘‘(6) A description of opportunities identified to 

13 address the disproportionate impacts of climate 

14 change on frontline communities and vulnerable pop15 ulations. 

16 ‘‘(7) A description of how the agency will pro17 mote the preparedness and resilience of the Federal 

18 workforce with respect to climate change. 

19 ‘‘(8) A description of how the agency will con20 tribute to coordinated interagency efforts to support 

21 climate change preparedness and resilience at all lev22 els of government, including collaborative work 

23 across regional offices of agencies and through co24 ordinated development of information, data, and 

25 tools. 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•HR 8429 IH

1 ‘‘(c) PROGRESS REPORTS.—In 2023 and every two 

2 years thereafter, the head of each agency shall submit to 

3 the Director a report on the implementation of the plans 

4 required pursuant to subsection (a), including updated 

5 identification and assessments of climate change-related 

6 impacts and risks. 

7 ‘‘§ 323. Council on Federal Agency Climate PREP 

8 ‘‘(a) ESTABLISHMENT.—There is established an 

9 interagency council, to be known as the Council on Fed10 eral Agency Climate Planning, Resilience, and Enhanced 

11 Preparedness, or the Council on Federal Agency Climate 

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

13 ‘‘(b) LEADERSHIP.—The Director shall serve as the 

14 Chair of the Council and shall be supported by a steering 

15 committee, which shall help determine priorities and stra16 tegic direction for the Council in accordance with sub17 section (f), made up of the Chair of the Council on Envi18 ronmental Quality, the Director of the Office of Science 

19 and Technology Policy, and the Assistant to the President 

20 for Homeland Security and Counterterrorism. 

21 ‘‘(c) MEMBERS.—In addition to the Chair and steer22 ing committee, the Council shall be composed of the fol23 lowing members who are senior officials (Deputy Secretary 

24 or equivalent officer) from the following: 

25 ‘‘(1) The Department of State. 


pbinns on DSKJLVW7X2PROD with BILLS
8 

•HR 8429 IH

1 ‘‘(2) The Department of the Treasury. 

2 ‘‘(3) The Department of Defense. 

3 ‘‘(4) The Department of Justice. 

4 ‘‘(5) The Department of the Interior. 

5 ‘‘(6) The Department of Agriculture. 

6 ‘‘(7) The Department of Commerce. 

7 ‘‘(8) The Department of Labor. 

8 ‘‘(9) The Department of Health and Human 

9 Services. 

10 ‘‘(10) The Department of Housing and Urban 

11 Development. 

12 ‘‘(11) The Department of Transportation. 

13 ‘‘(12) The Department of Energy. 

14 ‘‘(13) The Department of Education. 

15 ‘‘(14) The Department of Veterans Affairs. 

16 ‘‘(15) The Department of Homeland Security. 

17 ‘‘(16) The United States Agency for Inter18 national Development. 

19 ‘‘(17) The Army Corps of Engineers. 

20 ‘‘(18) The Environmental Protection Agency. 

21 ‘‘(19) The General Services Administration. 

22 ‘‘(20) The Millennium Challenge Corporation. 

23 ‘‘(21) The National Aeronautics and Space Ad24 ministration. 

25 ‘‘(22) The U.S. Small Business Administration. 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•HR 8429 IH

1 ‘‘(23) The Corporation for National and Com2 munity Service. 

3 ‘‘(24) The Office of Personnel Management. 

4 ‘‘(25) The Nuclear Regulatory Commission. 

5 ‘‘(26) The Office of the Director of National In6 telligence. 

7 ‘‘(27) The Council of Economic Advisers. 

8 ‘‘(28) The National Economic Council. 

9 ‘‘(29) The Domestic Policy Council. 

10 ‘‘(30) The Office of Management and Budget. 

11 ‘‘(31) The White House Office of Public En12 gagement and Intergovernmental Affairs. 

13 ‘‘(32) The United States Trade Representative. 

14 ‘‘(33) Such agencies or offices as the President 

15 or Co-Chairs shall designate. 

16 ‘‘(d) ADMINISTRATION.—The Office of Management 

17 and Budget shall provide administrative support and addi18 tional resources, as appropriate, to the Council. Agencies 

19 shall assist and provide information to the Council deemed 

20 necessary by the Director to carry out its functions. Each 

21 such agency shall pay its own expenses related to partici22 pating as members of the Council. 

23 ‘‘(e) COUNCIL STRUCTURE.—The Director and steer24 ing committee may establish working groups as needed. 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•HR 8429 IH

1 ‘‘(f) MISSION AND FUNCTION OF THE COUNCIL.— 

2 The Council shall coordinate across Federal agencies and 

3 offices, and in partnership with State and local govern4 ments (including the State and Local Leaders Task Force 

5 established in section 324), academic and research institu6 tions, and the private and nonprofit sectors to do the fol7 lowing: 

8 ‘‘(1) Develop, recommend, coordinate inter9 agency efforts on, and track implementation of Fed10 eral Government actions related to climate change 

11 preparedness and resilience. 

12 ‘‘(2) Provide expertise to assist regional, State, 

13 and local action to— 

14 ‘‘(A) assess vulnerabilities that due to or 

15 exacerbated by climate change; and 

16 ‘‘(B) cost-effectively increase climate 

17 change preparedness and resilience of commu18 nities, critical economic sectors, natural and 

19 built infrastructure, and natural resources. 

20 ‘‘(3) Integrate climate change science in policies 

21 and planning, where appropriate, of agencies and 

22 the private sector, including by developing and de23 ploying of innovative, actionable, and accessible Fed24 eral climate change-related information, data, and 

25 tools. 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•HR 8429 IH

1 ‘‘(4) Such other functions as the Director may 

2 determine necessary, including implementing, as ap3 propriate, the recommendations of the State and 

4 Local Leaders Task Force established in section 

5 324. 

6 ‘‘§ 324. State and Local Leaders Task Force on Fed7 eral Agency Climate PREP 

8 ‘‘(a) ESTABLISHMENT.—To inform Federal efforts to 

9 support climate change preparedness and resilience, there 

10 is established a task force to be known as the State and 

11 Local Leaders Task Force on Federal Agency Climate 

12 Planning, Resilience, and Enhanced Preparedness, or the 

13 State and Local Leaders Task Force on Federal Agency 

14 Climate PREP (in this section referred to as the ‘Task 

15 Force’). 

16 ‘‘(b) MEMBERSHIP.—The Chair of the Task Force 

17 shall be the Director of the White House Office of Inter18 governmental Affairs. In addition to the Chair, the mem19 bers shall be such elected State and local officials as may 

20 be invited by the Chair to participate. Members of the 

21 Task Force, acting in their official capacity, may des22 ignate employees with authority to act on their behalf. 

23 ‘‘(c) MISSION AND FUNCTION.—Not later than 1 

24 year after the date of the enactment of this section, the 

25 Chair of the Task Force shall submit to the President and 


pbinns on DSKJLVW7X2PROD with BILLS
12 

•HR 8429 IH

1 the Council recommendations on how the Federal Govern2 ment may accomplish the following: 

3 ‘‘(1) Remove barriers, create incentives, and 

4 otherwise modernize Federal programs to encourage 

5 investments, practices, and partnerships that facili6 tate increased adaptation and resilience to climate 

7 change-related impacts. 

8 ‘‘(2) Provide climate change preparedness tools 

9 and actionable information for States and local com10 munities. 

11 ‘‘(3) Otherwise support State and local pre12 paredness for and resilience to climate change. 

13 ‘‘(d) SUNSET.—The Task Force shall terminate not 

14 later than 6 months after the date on which the rec15 ommendations are submitted pursuant to subsection (c).’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

17 The table of sections for chapter 3 of title 5, United States 

18 Code, is amended by adding at the end the following new 

19 items: 

‘‘SUBCHAPTER III—CLIMATE CHANGE ADAPTATION

‘‘321. Definitions. 

‘‘322. Agency climate change adaptation plans required. 

‘‘323. Council on Federal Agency Climate PREP. 

‘‘324. State and Local Leaders Task Force on Federal Agency Climate 

PREP’’. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS