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) intro-
duced the following bill; which was referred to the Committee on Over-
sight and Reform 
A BILL 
To amend chapter 3 of title 5, United States Code, to require 
Federal agencies to submit plans for responding to, miti-
gating, and adapting to climate change, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Agency Cli-
mate Planning, Resilience, and Enhanced Preparedness 
Act of 2020’’ or the ‘‘Federal Agency Climate PREP 
Act’’. 
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SEC. 2. CLIMATE CHANGE ADAPTATION PLANS. 
(a) AMENDMENT.—Chapter 3 of title 5, United 
States Code, is amended by adding at the end the fol-
lowing new subchapter: 
‘‘SUBCHAPTER III—CLIMATE CHANGE 
ADAPTATION 
‘‘§ 321. Definitions 
‘‘In this subchapter: 
‘‘(1) 
ADAPTATION.—The 
term 
‘adaptation’ 
means adjustment in natural or human systems in 
anticipation of or response to a changing environ-
ment in a way that effectively uses beneficial oppor-
tunities or reduces negative effects. 
‘‘(2) AGENCY.—The term ‘agency’ has the 
meaning given the term ‘Executive agency’ under 
section 105, but does not include the Government 
Accountability Office. 
‘‘(3) CLIMATE
CHANGE.—The term ‘climate 
change’ means the long-term change in the average 
weather patterns influencing local, regional, and 
global climates, that are primarily driven by human- 
produced greenhouse gas emissions, and observed 
through key indicators including global land and 
ocean temperature increases, rising sea levels, loss of 
polar and mountain glacier ice, cloud and vegetation 
cover changes, and increases in extreme weather 
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such as hurricanes, heatwaves, wildfires, droughts, 
floods, and precipitation. 
‘‘(4) DIRECTOR.—The term ‘Director’ means 
the Director of the Office of Management and Budg-
et. 
‘‘(5) 
FRONTLINE
COMMUNITY.—The 
term 
‘frontline community’ means a low-income commu-
nity, community of color, or Tribal community that 
is disproportionately impacted or burdened by cli-
mate change and associated phenomena. 
‘‘(6) IMPACT.—The term ‘impact’ means con-
sequences, both realized and expected, for natural 
and human systems. 
‘‘(7) PREPAREDNESS.—The term ‘preparedness’ 
means actions taken to plan, organize, equip, train, 
and exercise to build, apply, and sustain the capa-
bilities necessary to prevent, protect against, amelio-
rate the effects of, respond to, and recover from cli-
mate change-related damages to life, health, prop-
erty, livelihoods, ecosystems, and national security. 
‘‘(8) RESILIENCE.—The term ‘resilience’ means 
the ability to anticipate, prepare for, and adapt to 
changing conditions and withstand, respond to, and 
recover rapidly from disruptions while ensuring the 
sustainment of mission-critical operations. 
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‘‘(9) RISK.—The term ‘risk’ means an assess-
ment based on formal analysis of the consequences, 
likelihoods, and responses to the impacts of climate 
change and how societal constraints shape adapta-
tion options. 
‘‘(10) STATE.—The term ‘State’ means each of 
the several States, the District of Columbia, each 
commonwealth, territory, or possession of the United 
States, and each federally recognized Indian Tribe. 
‘‘(11) VULNERABLE
POPULATION.—The term 
‘vulnerable population’ means groups of individuals, 
including those with underlying health conditions, 
subject to greater climate change exposure, or ad-
versely impacted by social determinants of health, 
who experience heightened sensitivity to climate-re-
lated health and economic impacts. 
‘‘§ 322. Agency climate change adaptation plans re-
quired 
‘‘(a) AGENCY CLIMATE CHANGE ADAPTATION PLANS 
REQUIRED.—Not later than 1 year after the date of the 
enactment of this section, the head of each agency shall 
submit to the Director an agency climate change adapta-
tion plan. 
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of such improvement, with respect to agency sup-
pliers, supply chains, real property investments, and 
capital equipment purchases such as updating agen-
cy policies for leasing, building upgrades, relocation 
of existing facilities and equipment, and construction 
of new facilities. 
‘‘(5) In the case of the implementation of a pro-
gram that uses cost-benefit analyses, a description of 
how the agency incorporates climate change risks 
into the cost-benefit analyses, including the metrics 
and methodologies used. 
‘‘(6) A description of opportunities identified to 
address the disproportionate impacts of climate 
change on frontline communities and vulnerable pop-
ulations. 
‘‘(7) A description of how the agency will pro-
mote the preparedness and resilience of the Federal 
workforce with respect to climate change. 
‘‘(8) A description of how the agency will con-
tribute to coordinated interagency efforts to support 
climate change preparedness and resilience at all lev-
els of government, including collaborative work 
across regional offices of agencies and through co-
ordinated development of information, data, and 
tools. 
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‘‘(c) PROGRESS REPORTS.—In 2023 and every two 
years thereafter, the head of each agency shall submit to 
the Director a report on the implementation of the plans 
required pursuant to subsection (a), including updated 
identification and assessments of climate change-related 
impacts and risks. 
‘‘§ 323. Council on Federal Agency Climate PREP 
‘‘(a) ESTABLISHMENT.—There is established an 
interagency council, to be known as the Council on Fed-
eral Agency Climate Planning, Resilience, and Enhanced 
Preparedness, or the Council on Federal Agency Climate 
PREP (in this section referred to as the ‘Council’). 
‘‘(b) LEADERSHIP.—The Director shall serve as the 
Chair of the Council and shall be supported by a steering 
committee, which shall help determine priorities and stra-
tegic direction for the Council in accordance with sub-
section (f), made up of the Chair of the Council on Envi-
ronmental Quality, the Director of the Office of Science 
and Technology Policy, and the Assistant to the President 
for Homeland Security and Counterterrorism. 
‘‘(c) MEMBERS.—In addition to the Chair and steer-
ing committee, the Council shall be composed of the fol-
lowing members who are senior officials (Deputy Secretary 
or equivalent officer) from the following: 
‘‘(1) The Department of State. 
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‘‘(2) The Department of the Treasury. 
‘‘(3) The Department of Defense. 
‘‘(4) The Department of Justice. 
‘‘(5) The Department of the Interior. 
‘‘(6) The Department of Agriculture. 
‘‘(7) The Department of Commerce. 
‘‘(8) The Department of Labor. 
‘‘(9) The Department of Health and Human 
Services. 
‘‘(10) The Department of Housing and Urban 
Development. 
‘‘(11) The Department of Transportation. 
‘‘(12) The Department of Energy. 
‘‘(13) The Department of Education. 
‘‘(14) The Department of Veterans Affairs. 
‘‘(15) The Department of Homeland Security. 
‘‘(16) The United States Agency for Inter-
national Development. 
‘‘(17) The Army Corps of Engineers. 
‘‘(18) The Environmental Protection Agency. 
‘‘(19) The General Services Administration. 
‘‘(20) The Millennium Challenge Corporation. 
‘‘(21) The National Aeronautics and Space Ad-
ministration. 
‘‘(22) The U.S. Small Business Administration. 
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‘‘(23) The Corporation for National and Com-
munity Service. 
‘‘(24) The Office of Personnel Management. 
‘‘(25) The Nuclear Regulatory Commission. 
‘‘(26) The Office of the Director of National In-
telligence. 
‘‘(27) The Council of Economic Advisers. 
‘‘(28) The National Economic Council. 
‘‘(29) The Domestic Policy Council. 
‘‘(30) The Office of Management and Budget. 
‘‘(31) The White House Office of Public En-
gagement and Intergovernmental Affairs. 
‘‘(32) The United States Trade Representative. 
‘‘(33) Such agencies or offices as the President 
or Co-Chairs shall designate. 
‘‘(d) ADMINISTRATION.—The Office of Management 
and Budget shall provide administrative support and addi-
tional resources, as appropriate, to the Council. Agencies 
shall assist and provide information to the Council deemed 
necessary by the Director to carry out its functions. Each 
such agency shall pay its own expenses related to partici-
pating as members of the Council. 
‘‘(e) COUNCIL STRUCTURE.—The Director and steer-
ing committee may establish working groups as needed. 
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‘‘(f) MISSION AND FUNCTION OF THE COUNCIL.— 
The Council shall coordinate across Federal agencies and 
offices, and in partnership with State and local govern-
ments (including the State and Local Leaders Task Force 
established in section 324), academic and research institu-
tions, and the private and nonprofit sectors to do the fol-
lowing: 
‘‘(1) Develop, recommend, coordinate inter-
agency efforts on, and track implementation of Fed-
eral Government actions related to climate change 
preparedness and resilience. 
‘‘(2) Provide expertise to assist regional, State, 
and local action to— 
‘‘(A) assess vulnerabilities that due to or 
exacerbated by climate change; and 
‘‘(B) 
cost-effectively 
increase 
climate 
change preparedness and resilience of commu-
nities, critical economic sectors, natural and 
built infrastructure, and natural resources. 
‘‘(3) Integrate climate change science in policies 
and planning, where appropriate, of agencies and 
the private sector, including by developing and de-
ploying of innovative, actionable, and accessible Fed-
eral climate change-related information, data, and 
tools. 
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‘‘(4) Such other functions as the Director may 
determine necessary, including implementing, as ap-
propriate, the recommendations of the State and 
Local Leaders Task Force established in section 
324. 
‘‘§ 324. State and Local Leaders Task Force on Fed-
eral Agency Climate PREP 
‘‘(a) ESTABLISHMENT.—To inform Federal efforts to 
support climate change preparedness and resilience, there 
is established a task force to be known as the State and 
Local Leaders Task Force on Federal Agency Climate 
Planning, Resilience, and Enhanced Preparedness, or the 
State and Local Leaders Task Force on Federal Agency 
Climate PREP (in this section referred to as the ‘Task 
Force’). 
‘‘(b) MEMBERSHIP.—The Chair of the Task Force 
shall be the Director of the White House Office of Inter-
governmental Affairs. In addition to the Chair, the mem-
bers shall be such elected State and local officials as may 
be invited by the Chair to participate. Members of the 
Task Force, acting in their official capacity, may des-
ignate employees with authority to act on their behalf. 
‘‘(c) MISSION AND FUNCTION.—Not later than 1 
year after the date of the enactment of this section, the 
Chair of the Task Force shall submit to the President and 
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the Council recommendations on how the Federal Govern-
ment may accomplish the following: 
‘‘(1) Remove barriers, create incentives, and 
otherwise modernize Federal programs to encourage 
investments, practices, and partnerships that facili-
tate increased adaptation and resilience to climate 
change-related impacts. 
‘‘(2) Provide climate change preparedness tools 
and actionable information for States and local com-
munities. 
‘‘(3) Otherwise support State and local pre-
paredness for and resilience to climate change. 
‘‘(d) SUNSET.—The Task Force shall terminate not 
later than 6 months after the date on which the rec-
ommendations are submitted pursuant to subsection (c).’’. 
(b) TECHNICAL AND CONFORMING AMENDMENT.— 
The table of sections for chapter 3 of title 5, United States 
Code, is amended by adding at the end the following new 
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 
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