I 

116TH CONGRESS 

1ST SESSION H. R. 1689 

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 

MARCH 12, 2019 

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 Resiliency Fund for America Act of 

4 2019’’. 

5 (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. 

6 SEC. 2. DEFINITIONS. 

7 Except as otherwise provided, in this Act: 

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

9 means the Climate Change Advisory Commission es10 tablished by section 101(a). 

11 (2) FUND.—The term ‘‘Fund’’ means the Cli12 mate Change Resiliency Fund established by section 

13 201(a)(1). 

14 (3) QUALIFIED CLIMATE CHANGE ADAPTATION

15 PURPOSE.— 


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1 (A) IN GENERAL.—The term ‘‘qualified cli2 mate change adaptation purpose’’ means an ob3 jective with a demonstrated intent to reduce the 

4 economic, social, and environmental impact of 

5 the adverse effects of climate change. 

6 (B) INCLUSIONS.—The term ‘‘qualified cli7 mate change adaptation purpose’’ includes— 

8 (i) infrastructure resiliency and miti9 gation; 

10 (ii) improved disaster response; and 

11 (iii) ecosystem protection. 

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

13 the Secretary of Commerce. 

14 TITLE I—CLIMATE CHANGE 

15 ADVISORY COMMISSION 

16 SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY 

17 COMMISSION. 

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

19 to be known as the ‘‘Climate Change Advisory Commis20 sion’’. 

21 (b) MEMBERSHIP.—The Commission shall be com22 posed of 11 members— 

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

24 private sectors and institutions of higher education; 

25 and 


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1 (2) of whom— 

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

3 in consultation with the Interagency Climate 

4 Change Adaptation Task Force; 

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

6 the House of Representatives; 

7 (C) 2 shall be appointed by the minority 

8 leader of the House of Representatives; 

9 (D) 2 shall be appointed by the majority 

10 leader of the Senate; and 

11 (E) 2 shall be appointed by the minority 

12 leader of the Senate. 

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

14 be appointed for the life of the Commission. 

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

16 Commission shall be appointed not later than 90 days 

17 after the date of enactment of this Act. 

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

19 (1) shall not affect the powers of the Commis20 sion; and 

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

22 original appointment was made. 

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

24 the date on which all members of the Commission have 


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1 been appointed, the Commission shall hold the initial 

2 meeting of the Commission. 

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

4 call of the Chairperson. 

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

6 Commission shall constitute a quorum, but a lesser num7 ber of members may hold hearings. 

8 (i) CHAIRPERSON AND VICE CHAIRPERSON.—The 

9 Commission shall select a Chairperson and Vice Chair10 person from among the members of the Commission. 

11 SEC. 102. DUTIES. 

12 The Commission shall— 

13 (1) establish recommendations, frameworks, 

14 and guidelines for a Federal investment program 

15 funded by revenue from climate change obligations 

16 issued under section 301 for States, municipalities, 

17 and other public entities, including utility districts, 

18 transit authorities, and multistate regulatory bodies 

19 that— 

20 (A) improves and adapts energy, transpor21 tation, water, and general infrastructure im22 pacted or expected to be impacted due to cli23 mate variability; and 

24 (B) integrates best available science, data, 

25 standards, models, and trends that improve the 


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1 resiliency of infrastructure systems described in 

2 subparagraph (A); and 

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

4 investments and projects that emphasize multiple 

5 benefits to commerce, human health, and eco6 systems. 

7 SEC. 103. COMMISSION PERSONNEL MATTERS. 

8 (a) COMPENSATION OF MEMBERS.— 

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

10 the Commission who is not an officer or employee of 

11 the Federal Government shall be compensated at a 

12 rate equal to the daily equivalent of the annual rate 

13 of basic pay prescribed for level IV of the Executive 

14 Schedule under section 5315 of title 5, United 

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

16 during which the member is engaged in the perform17 ance of the duties of the Commission. 

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

19 Commission who is an officer or employee of the 

20 Federal Government shall serve without compensa21 tion in addition to the compensation received for the 

22 services of the member as an officer or employee of 

23 the Federal Government. 

24 (b) TRAVEL EXPENSES.—A member of the Commis25 sion shall be allowed travel expenses, including per diem 


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

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

3 5, United States Code, while away from the home or reg4 ular place of business of the member in the performance 

5 of the duties of the Commission. 

6 (c) STAFF.— 

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

8 Commission may, without regard to the civil service 

9 laws (including regulations), appoint and terminate 

10 such personnel as are necessary to enable the Com11 mission to perform the duties of the Commission. 

12 (2) COMPENSATION.— 

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

14 subparagraph (B), the Chairperson of the Com15 mission may fix the compensation of personnel 

16 without regard to the provisions of chapter 51 

17 and subchapter III of chapter 53 of title 5, 

18 United States Code, relating to classification of 

19 positions and General Schedule pay rates. 

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

21 pay for personnel shall not exceed the rate pay22 able for level V of the Executive Schedule under 

23 section 5316 of title 5, United States Code. 


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1 SEC. 104. FUNDING. 

2 The Commission shall use amounts in the Fund to 

3 pay for all administrative expenses of the Commission. 

4 SEC. 105. TERMINATION. 

5 The Commission shall terminate on such date as the 

6 Commission determines after the Commission carries out 

7 the duties of the Commission under section 102. 

8 TITLE II—CLIMATE CHANGE 

9 RESILIENCY FUND 

10 SEC. 201. CLIMATE CHANGE RESILIENCY FUND. 

11 (a) ESTABLISHMENT.— 

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

13 the Department of Commerce the ‘‘Climate Change 

14 Resiliency Fund’’. 

15 (2) RESPONSIBILITY OF THE SECRETARY.—The 

16 Secretary shall take such action as the Secretary de17 termines to be necessary to assist in implementing 

18 the establishment of the Fund in accordance with 

19 this Act. 

20 (b) CLIMATE CHANGE ADAPTATION PROJECTS.— 

21 The Secretary, in consultation with the Commission, shall 

22 carry out a program to provide funds to eligible applicants 

23 to carry out projects for a qualified climate change adapta24 tion purpose. 


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1 (c) ELIGIBLE ENTITIES.—An entity eligible to par2 ticipate in the program under subsection (b) shall in3 clude— 

4 (1) a Federal agency; 

5 (2) a State or a group of States; 

6 (3) a unit of local government or a group of 

7 local governments; 

8 (4) a utility district; 

9 (5) a tribal government or a consortium of trib10 al governments; 

11 (6) a State or regional transit agency or a 

12 group of State or regional transit agencies; 

13 (7) a nonprofit organization; 

14 (8) a special purpose district or public author15 ity, including a port authority; and 

16 (9) any other entity, as determined by the Sec17 retary. 

18 (d) APPLICATION.—An eligible entity shall submit to 

19 the Secretary an application for a project for a qualified 

20 climate change adaptation purpose at such time, in such 

21 manner, and containing such information as the Secretary 

22 may require, including data relating to any benefits, such 

23 as economic impact or improvements to public health, that 

24 the project is expected to provide. 


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1 (e) SELECTION.—The Secretary shall select projects 

2 from eligible entities to receive funds under this section 

3 based on criteria and guidelines determined and published 

4 by the Commission. 

5 (f) NON-FEDERAL FUNDING REQUIREMENT.—In 

6 order to receive funds under this section, an eligible entity 

7 shall provide funds for the project in an amount that is 

8 equal to not less than 25 percent of the amount of funds 

9 provided under this section. 

10 (g) MAINTENANCE OF EFFORT.—All amounts depos11 ited in the Fund in accordance with section 301(a) shall 

12 be used only to fund new projects in accordance with this 

13 Act. 

14 (h) APPLICABILITY OF FEDERAL LAW.—Nothing in 

15 this Act waives the requirements of any Federal law (in16 cluding regulations) that would otherwise apply to a quali17 fied climate change project that receives funds under this 

18 section. 

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

20 (a) IN GENERAL.—All laborers and mechanics em21 ployed by contractors and subcontractors on projects fund22 ed directly by or assisted in whole or in part by and 

23 through the Fund pursuant to this title shall be paid 

24 wages at rates not less than those prevailing on projects 

25 of a character similar in the locality as determined by the 


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1 Secretary of Labor in accordance with subchapter IV of 

2 chapter 31 of part A of title 40, United States Code. 

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

4 standards specified in this section, the Secretary of Labor 

5 shall have the authority and functions set forth in Reorga6 nization Plan Numbered 14 of 1950 (64 Stat. 1267; 5 

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

8 Code. 

9 SEC. 203. FUNDING. 

10 The Secretary shall use funds made available to the 

11 Secretary and not otherwise obligated to carry out the pro12 gram under section 201(b). 

13 TITLE III—REVENUE 

14 SEC. 301. CLIMATE CHANGE OBLIGATIONS. 

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

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

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

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

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

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

21 from which shall be deposited in the Fund. 

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

23 and principal with respect to any climate change obliga24 tion issued under this section shall be made from the genVerDate Sep 11 2014 20:28 Mar 27, 2019 Jkt 089200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H1689.IH H1689

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1 eral fund of the Treasury of the United States and shall 

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

3 (c) EXEMPTION FROM LOCAL TAXATION.—All cli4 mate change obligations issued by the Secretary, and the 

5 interest on or credits with respect to such obligations, 

6 shall not be subject to taxation by any State, county, mu7 nicipality, or local taxing authority. 

8 (d) AMOUNT OF CLIMATE CHANGE OBLIGATIONS.— 

9 (1) IN GENERAL.—Except as provided in para10 graph (2), the aggregate face amount of the climate 

11 change obligations issued annually under this section 

12 shall be $200,000,000. 

13 (2) ADDITIONAL OBLIGATIONS.—For any cal14 endar year in which all of the obligations issued pur15 suant to paragraph (1) have been purchased, the 

16 Secretary may issue additional climate change obli17 gations during such calendar year, provided that the 

18 aggregate face amount of such additional obligations 

19 does not exceed $800,000,000. 

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

21 available to the Secretary and not otherwise obligated to 

22 carry out the purposes of this section. 

23 SEC. 302. PROMOTION. 

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

25 purchase of climate change obligations through such 


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1 means as are determined appropriate by the Secretary, 

2 with the amount expended for such promotion not to ex3 ceed $10,000,000 for any fiscal year during the period of 

4 fiscal years 2020 through 2024. 

5 (b) DONATED ADVERTISING.—In addition to any ad6 vertising paid for with funds made available under sub7 section (c), the Secretary shall solicit and may accept the 

8 donation of advertising relating to the sale of climate 

9 change obligations. 

10 (c) AUTHORIZATION OF APPROPRIATIONS.—For each 

11 fiscal year during the period of fiscal years 2020 through 

12 2024, there is authorized to be appropriated $10,000,000 

13 to carry out the purposes of this section. 

Æ 


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