II 

117TH CONGRESS 

1ST SESSION S. 873 

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 18, 2021 

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 2021’’. 


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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 In this Act: 

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

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

7 (2) COMMUNITY OF COLOR.—The term ‘‘com8 munity of color’’ means a geographically distinct 

9 area in which the population of any of the following 

10 categories of individuals is higher than the average 

11 populations of that category for the State in which 

12 the community is located: 

13 (A) Black. 

14 (B) African American. 

15 (C) Asian. 

16 (D) Pacific Islander. 


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1 (E) Other non-White race. 

2 (F) Hispanic. 

3 (G) Latino. 

4 (H) Linguistically isolated. 

5 (3) ELIGIBLE ENTITY.—The term ‘‘eligible enti6 ty’’ includes— 

7 (A) a Federal agency; 

8 (B) a State or group of States; 

9 (C) a unit of local government or a group 

10 of local governments; 

11 (D) a utility district; 

12 (E) a Tribal government or a consortium 

13 of Tribal governments; 

14 (F) a State or regional transit agency or a 

15 group of State or regional transit agencies; 

16 (G) a nonprofit organization; 

17 (H) a special purpose district or public au18 thority, including a port authority; and 

19 (I) any other entity, as determined by the 

20 Secretary. 

21 (4) ENVIRONMENTAL JUSTICE COMMUNITY.— 

22 The term ‘‘environmental justice community’’ means 

23 a community with significant representation of com24 munities of color, low-income communities, or Tribal 

25 and indigenous communities that experiences, or is 


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1 at risk of experiencing, higher or more adverse 

2 human health or environmental effects. 

3 (5) FRONTLINE COMMUNITY.—The term 

4 ‘‘frontline community’’ means a low-income commu5 nity, a community of color, or a Tribal community 

6 that is disproportionately impacted or burdened by 

7 climate change or a phenomenon associated with cli8 mate change, including such a community that was 

9 or is at risk of being disproportionately impacted or 

10 burdened by climate change or a phenomenon associ11 ated with climate change earlier than other such 

12 communities. 

13 (6) FUND.—The term ‘‘Fund’’ means the Cli14 mate Change Resiliency Fund established by section 

15 201(a)(1). 

16 (7) LOW-INCOME COMMUNITY.—The term ‘‘low17 income community’’ means any census block group 

18 in which 30 percent or more of the population are 

19 individuals with an annual household income equal 

20 to, or less than, the greater of— 

21 (A) an amount equal to 80 percent of the 

22 median household income of the area in which 

23 the household is located, as reported by the De24 partment of Housing and Urban Development; 

25 and 


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1 (B) 200 percent of the Federal poverty 

2 line. 

3 (8) PROJECT.—The term ‘‘project’’ means a 

4 project for a qualified climate change adaptation 

5 purpose performed by an eligible entity under sec6 tion 201(b). 

7 (9) QUALIFIED CLIMATE CHANGE ADAPTATION

8 PURPOSE.— 

9 (A) IN GENERAL.—The term ‘‘qualified cli10 mate change adaptation purpose’’ means an ob11 jective with a demonstrated intent to reduce the 

12 economic, social, and environmental impact of 

13 the adverse effects of climate change. 

14 (B) INCLUSIONS.—The term ‘‘qualified cli15 mate change adaptation purpose’’ includes in16 frastructure resiliency and mitigation, improved 

17 disaster response, and ecosystem protection, 

18 which may be accomplished through activities 

19 or projects with objectives such as— 

20 (i) reducing risks or enhancing resil21 ience to sea level rise, extreme weather 

22 events, fires, drought, flooding, heat island 

23 impacts, or worsened indoor or outdoor air 

24 quality; 


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1 (ii) protecting farms and the food 

2 supply from climate impacts; 

3 (iii) reducing risks of food insecurity 

4 that would otherwise result from climate 

5 change; 

6 (iv) ensuring that disaster and public 

7 health plans account for more severe 

8 weather; 

9 (v) reducing risks from geographical 

10 change to disease vectors, pathogens, 

11 invasive species, and the distribution of 

12 pests; and 

13 (vi) other projects or activities, as de14 termined to be appropriate by the Commis15 sion. 

16 (10) SECRETARY.—The term ‘‘Secretary’’ 

17 means the Secretary of Commerce. 

18 (11) STATE.—The term ‘‘State’’ means a State, 

19 the District of Columbia, the Commonwealth of 

20 Puerto Rico, and any other territory or possession of 

21 the United States. 


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1 TITLE I—CLIMATE CHANGE 

2 ADVISORY COMMISSION 

3 SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY 

4 COMMISSION. 

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

6 to be known as the ‘‘Climate Change Advisory Commis7 sion’’. 

8 (b) MEMBERSHIP.—The Commission shall be com9 posed of 11 members— 

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

11 private sectors and institutions of higher education; 

12 and 

13 (2) of whom— 

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

15 in consultation with the National Climate Task 

16 Force; 

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

18 the House of Representatives; 

19 (C) 2 shall be appointed by the minority 

20 leader of the House of Representatives; 

21 (D) 2 shall be appointed by the majority 

22 leader of the Senate; and 

23 (E) 2 shall be appointed by the minority 

24 leader of the Senate. 


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

2 be appointed for the life of the Commission. 

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

4 Commission shall be appointed not later than 90 days 

5 after the date of enactment of this Act. 

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

7 (1) shall not affect the powers of the Commis8 sion; and 

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

10 original appointment was made. 

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

12 the date on which all members of the Commission have 

13 been appointed, the Commission shall hold the initial 

14 meeting of the Commission. 

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

16 call of the Chairperson. 

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

18 Commission shall constitute a quorum, but a lesser num19 ber of members may hold hearings. 

20 (i) CHAIRPERSON AND VICE CHAIRPERSON.—The 

21 Commission shall select a Chairperson and Vice Chair22 person from among the members of the Commission. 

23 SEC. 102. DUTIES. 

24 The Commission shall— 


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1 (1) establish recommendations, frameworks, 

2 and guidelines for a Federal investment program 

3 funded by revenue from climate change obligations 

4 issued under section 301 for eligible entities that— 

5 (A) improve and adapt energy, transpor6 tation, water, and general infrastructure im7 pacted or expected to be impacted due to cli8 mate variability; and 

9 (B) integrate best available science, data, 

10 standards, models, and trends that improve the 

11 resiliency of infrastructure systems described in 

12 subparagraph (A); and 

13 (2) in consultation with the Council on Environ14 mental Quality and the White House Environmental 

15 Justice Interagency Council, identify categories of 

16 the most cost-effective investments and projects that 

17 emphasize multiple benefits to human health, com18 merce, and ecosystems while ensuring that the Com19 mission engages in early and meaningful community 

20 stakeholder involvement opportunities during the de21 velopment of the recommendations, frameworks, and 

22 guidelines established under paragraph (1). 

23 SEC. 103. COMMISSION PERSONNEL MATTERS. 

24 (a) COMPENSATION OF MEMBERS.— 


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

2 the Commission who is not an officer or employee of 

3 the Federal Government shall be compensated at a 

4 rate equal to the daily equivalent of the annual rate 

5 of basic pay prescribed for level IV of the Executive 

6 Schedule under section 5315 of title 5, United 

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

8 during which the member is engaged in the perform9 ance of the duties of the Commission. 

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

11 Commission who is an officer or employee of the 

12 Federal Government shall serve without compensa13 tion in addition to the compensation received for the 

14 services of the member as an officer or employee of 

15 the Federal Government. 

16 (b) TRAVEL EXPENSES.—A member of the Commis17 sion shall be allowed travel expenses, including per diem 

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

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

20 5, United States Code, while away from the home or reg21 ular place of business of the member in the performance 

22 of the duties of the Commission. 

23 (c) STAFF.— 

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

25 Commission may, without regard to the civil service 


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1 laws (including regulations), appoint and terminate 

2 such personnel as are necessary to enable the Com3 mission to perform the duties of the Commission. 

4 (2) COMPENSATION.— 

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

6 subparagraph (B), the Chairperson of the Com7 mission may fix the compensation of personnel 

8 without regard to the provisions of chapter 51 

9 and subchapter III of chapter 53 of title 5, 

10 United States Code, relating to classification of 

11 positions and General Schedule pay rates. 

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

13 pay for personnel shall not exceed the rate pay14 able for level V of the Executive Schedule under 

15 section 5316 of title 5, United States Code. 

16 SEC. 104. FUNDING. 

17 The Commission shall use amounts in the Fund to 

18 pay for all administrative expenses of the Commission. 

19 SEC. 105. TERMINATION. 

20 The Commission shall terminate on such date as the 

21 Commission determines after the Commission carries out 

22 the duties of the Commission under section 102. 


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1 TITLE II—CLIMATE CHANGE 

2 RESILIENCY FUND 

3 SEC. 201. CLIMATE CHANGE RESILIENCY FUND. 

4 (a) ESTABLISHMENT.— 

5 (1) IN GENERAL.—There is established in the 

6 Treasury of the United States the ‘‘Climate Change 

7 Resiliency Fund’’. 

8 (2) USE OF AMOUNTS.— 

9 (A) IN GENERAL.—The Secretary shall use 

10 not less than 40 percent of the amounts in the 

11 Fund to fund projects that benefit communities 

12 that experience disproportionate impacts from 

13 climate change, including environmental justice 

14 communities, frontline communities, and low-in15 come communities. 

16 (B) MAINTENANCE OF EFFORT.—All 

17 amounts deposited in the Fund in accordance 

18 with section 301(a) shall only be used— 

19 (i) to fund new projects in accordance 

20 with this section; and 

21 (ii) for administrative expenses of the 

22 Commission authorized under section 104. 

23 (3) RESPONSIBILITY OF SECRETARY.—The Sec24 retary shall take such action as the Secretary deterVerDate Sep 11 2014 22:53 Apr 11, 2021 Jkt 019200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\S873.IS S873

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1 mines necessary to assist in implementing the Fund 

2 in accordance with this section. 

3 (b) CLIMATE CHANGE ADAPTATION PROJECTS.— 

4 The Secretary, in consultation with the Commission, shall 

5 carry out a program to provide funds to eligible entities 

6 to carry out projects for a qualified climate change adapta7 tion purpose. 

8 (c) APPLICATIONS.— 

9 (1) IN GENERAL.—An eligible entity desiring 

10 funds under subsection (b) shall, with respect to a 

11 project, submit to the Secretary an application at 

12 such time, in such manner, and containing such in13 formation as the Secretary may require. 

14 (2) CONTENTS.—An application submitted by 

15 an eligible entity under this subsection shall include 

16 data relating to any benefits the eligible entity ex17 pects the project to provide to the community in 

18 which the applicable project is performed, such as— 

19 (A) an economic impact; or 

20 (B) improvements to public health. 

21 (3) TECHNICAL ASSISTANCE.—The Secretary 

22 shall offer technical assistance to eligible entities 

23 preparing applications under this subsection. 

24 (d) SELECTION.— 


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1 (1) IN GENERAL.—The Secretary shall select el2 igible entities to receive funds to carry out projects 

3 under this section based on criteria and guidelines 

4 determined and published by the Commission under 

5 section 102. 

6 (2) PRIORITY.—In selecting eligible entities 

7 under paragraph (1), the Secretary shall give pri8 ority to eligible entities planning to perform projects 

9 that will serve areas with the greatest need. 

10 (e) NON-FEDERAL FUNDING REQUIREMENT.— 

11 (1) IN GENERAL.—Subject to paragraphs (2) 

12 and (3), in order to receive funds under this section, 

13 an eligible entity shall provide funds for a project in 

14 an amount that is equal to not less than 25 percent 

15 of the amount of funds provided under this section. 

16 (2) WAIVER.—The Secretary may waive all or 

17 part of the matching requirement under paragraph 

18 (1) for an eligible entity, especially an eligible entity 

19 performing a project benefitting a low-income com20 munity or an environmental justice community, if 

21 the Secretary determines that— 

22 (A) there are no reasonable means avail23 able through which the eligible entity can meet 

24 the matching requirement; or 


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1 (B) the probable benefit of the project out2 weighs the public interest of the matching re3 quirement. 

4 (3) NO-MATCH PROJECTS.— 

5 (A) IN GENERAL.—The Secretary shall 

6 award not less than 10 percent and not more 

7 than 40 percent of the total funds awarded 

8 under this section to eligible entities to which 

9 the matching requirement under paragraph (1) 

10 shall not apply. 

11 (B) PRIORITY.—The Secretary shall give 

12 priority for funding under subparagraph (A) to 

13 an eligible entity performing a project in a com14 munity experiencing a disproportionate impact 

15 of climate change, including— 

16 (i) an environmental justice commu17 nity; 

18 (ii) a low-income community; or 

19 (iii) a community of color. 

20 (f) APPLICABILITY OF FEDERAL LAW.—Nothing in 

21 this Act shall be construed to waive the requirements of 

22 any Federal law or regulation that would otherwise apply 

23 to a project that receives funds under this section. 


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

2 (a) IN GENERAL.—All laborers and mechanics em3 ployed by contractors and subcontractors on projects fund4 ed directly by, or assisted in whole or in part by and 

5 through, the Fund shall be paid wages at rates not less 

6 than those prevailing on projects of a character similar 

7 in the locality as determined by the Secretary of Labor 

8 in accordance with subchapter IV of chapter 31 of part 

9 A of title 40, United States Code. 

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

11 standards described in this section, the Secretary of Labor 

12 shall have the authority and functions set forth in Reorga13 nization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 

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

15 Code. 

16 SEC. 203. FUNDING. 

17 To carry out the program under section 201(b), the 

18 Secretary, in addition to amounts in the Fund, may use 

19 amounts that have been made available to the Secretary 

20 and are not otherwise obligated. 

21 TITLE III—REVENUE 

22 SEC. 301. CLIMATE CHANGE OBLIGATIONS. 

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

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

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

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


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

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

3 from which shall be deposited in the Fund. 

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

5 and principal with respect to any climate change obliga6 tion issued under this section shall be made from the gen7 eral fund of the Treasury of the United States and shall 

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

9 (c) EXEMPTION FROM LOCAL TAXATION.—All cli10 mate change obligations issued by the Secretary, and the 

11 interest on or credits with respect to such obligations, 

12 shall not be subject to taxation by any State, county, mu13 nicipality, or local taxing authority. 

14 (d) AMOUNT OF CLIMATE CHANGE OBLIGATIONS.— 

15 (1) IN GENERAL.—Except as provided in para16 graph (2), the aggregate face amount of the climate 

17 change obligations issued annually under this section 

18 shall be $200,000,000. 

19 (2) ADDITIONAL OBLIGATIONS.—For any cal20 endar year in which all of the obligations issued pur21 suant to paragraph (1) have been purchased, the 

22 Secretary may issue additional climate change obli23 gations during such calendar year, provided that the 

24 aggregate face amount of such additional obligations 

25 does not exceed $800,000,000. 


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

2 available to the Secretary and not otherwise obligated to 

3 carry out the purposes of this section. 

4 SEC. 302. PROMOTION. 

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

6 purchase of climate change obligations through such 

7 means as are determined appropriate by the Secretary, 

8 with the amount expended for such promotion not to ex9 ceed $10,000,000 for any fiscal year during the period of 

10 fiscal years 2022 through 2026. 

11 (b) DONATED ADVERTISING.—In addition to any ad12 vertising paid for with funds made available under sub13 section (c), the Secretary shall solicit and may accept the 

14 donation of advertising relating to the sale of climate 

15 change obligations. 

16 (c) AUTHORIZATION OF APPROPRIATIONS.—For each 

17 fiscal year during the period of fiscal years 2022 through 

18 2026, there is authorized to be appropriated $10,000,000 

19 to carry out the purposes of this section. 

Æ 


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