Federal Agency Climate PREP Act
Bill: H.R.5477 | Sponsor: Rep. Maloney, Carolyn B. (D-NY)
Policy area: Environmental Protection

Summary:
Federal Agency Climate Planning, Resilience, and Enhanced Preparedness Act of 2021 or the Federal Agency Climate PREP Act
This bill requires executive agencies to develop plans to address, mitigate, and adapt to climate change. Specifically, each executive agency (except for the Government Accountability Office) must submit to the Office of Management and Budget an agency climate action plan. In addition, the bill establishes a Council on Federal Agency Climate Planning, Resilience, and Enhanced Preparedness. Finally, the bill provides statutory authority for the establishment of the White House Office of Domestic Climate Policy, which was created by Executive Order 14008.

To amend chapter 3 of title 5, United States Code, to require Federal 
agencies to maintain plans for responding to, mitigating, and adapting 
               to climate change, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Federal Agency Climate Planning, 
Resilience, and Enhanced Preparedness Act of 2021'' or the ``Federal 
Agency Climate PREP Act''.

SEC. 2. CLIMATE ACTION PLANS.

    (a) Amendment.--Chapter 3 of title 5, United States Code, is 
amended by adding at the end the following new subchapter:

    ``SUBCHAPTER III--GOVERNMENT-WIDE COORDINATION ON CLIMATE CHANGE

``Sec. 321. Definitions
    ``In this subchapter:
            ``(1) Adaptation.--The term `adaptation' means adjustment 
        to natural or human systems in response to actual or expected 
        climate change, including both sudden-onset and slow-onset 
        climate change-related risks or events assessed through 
        historical data, recent climate conditions and risks, and 
        climate change projections, to minimize negative impacts on 
        human health and safety, equity, ecosystems, and the 
        environment.
            ``(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 such as hurricanes, heatwaves, 
        wildfires, droughts, floods, and precipitation.
            ``(4) Director.--The term `Director' means the Director of 
        the Office of Management and Budget.
            ``(5) Disadvantaged community.--The term `disadvantaged 
        community' means a community that is harmed by environmental, 
        economic, or socioeconomic injustice, and includes a community 
        that--
                    ``(A) has a high concentration of low-income and 
                low-wealth households, including households comprised 
                primarily of members of groups that have historically 
                experienced discrimination on the basis of race, 
                gender, national origin, or ethnicity (including Black, 
                Indigenous, Latinx, Arab, Asian, and Pacific Islander 
                communities);
                    ``(B) faces economic transition, 
                deindustrialization, historic underinvestment, or 
                poverty; or
                    ``(C) is an environmental justice community.
            ``(6) Environmental justice community.--The term 
        `environmental justice community' means a low-income or low-
        wealth community facing environmental injustice, including any 
        community that--
                    ``(A) is located nearest to an existing area of 
                grave environmental pollution or degradation;
                    ``(B) bears a burden of negative public health 
                effects of pollution;
                    ``(C) includes one or more sites of--
                            ``(i) a facility that is a part of a 
                        polluting industry;
                            ``(ii) a waste dump; or
                            ``(iii) a facility for resource extraction;
                    ``(D) experiences a high incidence of climate 
                change impacts and disasters;
                    ``(E) has been excluded or harmed by racist or 
                discriminatory policies that have resulted in economic 
                or health disparities;
                    ``(F) has a land-based or food subsistence culture 
                that is experiencing ecosystem disruption and 
                devastation;
                    ``(G) faces relocation and resettlement resulting 
                from--
                            ``(i) climate change;
                            ``(ii) impacts to the environment and 
                        ecosystems; or
                            ``(iii) impacts associated with economic 
                        inequities; or
                    ``(H) is an Indigenous community.
            ``(7) Impact.--The term `impact' means consequences, both 
        realized and expected, for natural and human systems.
            ``(8) Preparedness.--The term `preparedness' means actions 
        taken to plan, organize, equip, train, and exercise to build, 
        apply, and sustain the capabilities necessary to prevent, 
        protect against, ameliorate the effects of, respond to, and 
        recover from climate change-related damages to life, health, 
        property, livelihoods, ecosystems, and national security.
            ``(9) 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.
            ``(10) Risk.--The term `risk' means an assessment based on 
        formal analysis of the consequences, likelihoods, and responses 
        to the impacts of climate change and how societal constraints 
        shape adaptation options.
            ``(11) 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.
            ``(12) Vulnerable population.--The term `vulnerable 
        population' means groups of individuals, including those with 
        underlying health conditions, subject to greater climate change 
        exposure, or adversely impacted by social determinants of 
        health, who experience heightened sensitivity to climate-
        related health and economic impacts.
``Sec. 322. Agency climate action plans required
    ``(a) Agency Climate Action 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 and the steering committee of the 
Council on Federal Agency Climate PREP an agency climate action plan.
    ``(b) Contents of Plan.--Each agency climate action plan submitted 
pursuant to subsection (a) shall include the following:
            ``(1) An identification and assessment of climate change-
        related impacts on and risks to the ability of the agency to 
        accomplish its missions, operations, and programs.
            ``(2) A description of programs, policies, and plans the 
        agency has in place and any additional action the agency plans 
        to take to mitigate and manage the impacts and risks identified 
        in paragraph (1) and build resilience, both immediately and at 
        milestones that are 2, 5, 10, and 20 years after the date of 
        the enactment of this section.
            ``(3) A description of how any climate change-related 
        impact and risk identified under paragraph (1) that is 
        determined by the agency to be so significant that it impairs 
        the statutory mission or operation of the agency will be 
        addressed.
            ``(4) An assessment of whether implementation of any of the 
        programs, policies, or plans of the agency exacerbates climate 
        change-related impacts and risks.
            ``(5) A description of how the agency will consider the 
        need to improve climate change adaptation and resilience, 
        including--
                    ``(A) an assessment that monetizes the costs and 
                benefits of such improvement, including the value of 
                climate change adaptation, resilience, and mitigation; 
                and
                    ``(B) with respect to agency suppliers, supply 
                chains, real property investments, and capital 
                equipment purchases such as updating agency policies 
                for leasing, building upgrades, relocation of existing 
                facilities and equipment, and construction of new 
                facilities.
            ``(6) In the case of the implementation of a program that 
        uses cost-benefit analyses, a description of any additional 
        methodologies used by the agency to incorporate climate change 
        risks into the cost-benefit analyses, including the metrics and 
        methodologies used.
            ``(7) An assessment of the efforts of the agency to reverse 
        the disproportionate impacts of climate change on disadvantaged 
        communities and vulnerable populations, including--
                    ``(A) a description of opportunities identified to 
                reverse such impacts;
                    ``(B) a description of progress made in reversing 
                such impacts; and
                    ``(C) a description of the methodology used by the 
                agency for actively and widely soliciting and receiving 
                input and feedback directly from such communities and 
                populations regarding such opportunities and progress.
            ``(8) A description of how the agency will promote the 
        preparedness and resilience of the Federal workforce with 
        respect to climate change.
            ``(9) A description of how the agency will contribute to 
        coordinated interagency efforts to support climate change 
        mitigation preparedness, and resilience at all levels of 
        government, including collaborative work across regional 
        offices of agencies and through coordinated development of 
        information, data, and tools.
    ``(c) Progress Reports.--The head of each agency shall submit to 
the Director and the steering committee of the Council on Federal 
Agency Climate PREP an annual progress report on the implementation of 
the plans required pursuant to subsection (a), including updated 
identification and assessments of climate change-related impacts and 
risks.
``Sec. 323. Council on Federal Agency Climate PREP
    ``(a) Establishment.--There is established an interagency council, 
to be known as the Council on Federal 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 (in this section referred to as the `Chair') and shall be 
guided by a steering committee, which shall determine priorities and 
strategic direction for the Council in accordance with subsection (f), 
made up of the National Climate Advisor, the Chair of the Council on 
Environmental Quality, and the Director of the Office of Science and 
Technology Policy.
    ``(c) Members.--In addition to the Chair and steering committee, 
the Council shall be composed of the following members who are senior 
officials (Deputy Secretary or equivalent officer) from the following:
            ``(1) The Department of State.
            ``(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 International 
        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 Administration.
            ``(22) The U.S. Small Business Administration.
            ``(23) The Corporation for National and Community Service.
            ``(24) The Office of Personnel Management.
            ``(25) The Nuclear Regulatory Commission.
            ``(26) The Office of the Director of National Intelligence.
            ``(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 Engagement and 
        Intergovernmental Affairs.
            ``(32) The United States Trade Representative.
            ``(33) Such agencies or offices as the President, Chair, or 
        steering committee shall designate.
    ``(d) Administration.--The Director of the Office of Management and 
Budget shall provide administrative support and additional resources, 
as appropriate, to the Council. Agencies shall assist and provide 
information to the Council deemed necessary by the Chair or the 
steering committee to carry out its functions. Each such agency shall 
pay its own expenses related to participating as members of the 
Council.
    ``(e) Council Structure.--The Chair and steering committee may 
establish task forces and working groups as needed.
    ``(f) Mission and Function of the Council.--The Council shall 
coordinate across Federal agencies and offices, and in partnership with 
State and local governments, academic and research institutions, and 
the private and nonprofit sectors to do the following:
            ``(1) Facilitate the organization and deployment of a 
        government-wide approach to combat the climate crisis.
            ``(2) Develop, recommend, coordinate interagency efforts 
        on, and track implementation of Federal Government actions to--
                    ``(A) reduce climate pollution;
                    ``(B) increase resilience to the impacts of climate 
                change;
                    ``(C) protect public health;
                    ``(D) conserve lands, waters, oceans, and 
                biodiversity;
                    ``(E) deliver environmental justice; and
                    ``(F) spur well-paying union jobs and economic 
                growth.
            ``(3) Provide expertise to assist regional, State, Tribal, 
        territorial, and local action to--
                    ``(A) reduce climate pollution;
                    ``(B) increase resilience to the impacts of climate 
                change;
                    ``(C) protect public health;
                    ``(D) conserve lands, waters, oceans, and 
                biodiversity;
                    ``(E) deliver environmental justice; and
                    ``(F) spur well-paying union jobs and economic 
                growth.
            ``(4) Integrate climate change science in policies and 
        planning, where appropriate, of agencies and the private 
        sector, including by developing and deploying of innovative, 
        actionable, and accessible Federal climate change-related 
        information, data, and tools.
            ``(5) To the extent permitted by law, prioritize action on 
        climate change in their policy-making, budget processes, 
        contracting and procurement, and engagement with governments, 
        workers, communities, and the private sector.
            ``(6) Carry out such other functions as the Director may 
        determine necessary.''.
    (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--government-wide coordination on climate change

        ``321. Definitions.
        ``322. Agency climate action plans required.
        ``323. Council on Federal Agency Climate PREP.''.

SEC. 3. WHITE HOUSE OFFICE OF DOMESTIC CLIMATE POLICY.

    (a) Establishment.--There is established, within the Executive 
Office of the President, the Office of Domestic Climate Policy (in this 
section referred to as the ``Office'').
    (b) National Climate Advisor.--
            (1) In general.--The Office shall be headed by the National 
        Climate Advisor (in this section referred to as the 
        ``Advisor'') who shall be appointed by the President.
            (2) Position.--The Advisor shall hold office at the 
        pleasure of the President.
            (3) Pay and allowances.--The Advisor shall be entitled to 
        receive the same pay and allowances as are provided for level 
        II of the Executive Schedule under section 5313 of title 5, 
        United States Code.
    (c) Duties of the National Climate Advisor.--Subject to the 
authority, direction, and control of the President, the Advisor shall--
            (1) coordinate the policymaking process with respect to 
        domestic climate policy issues;
            (2) coordinate domestic climate policy advice to the 
        President;
            (3) ensure that domestic climate policy decisions and 
        programs are consistent with the stated goals of the President 
        and that those goals are being effectively pursued; and
            (4) monitor implementation of the domestic climate policy 
        agenda of the President.
    (d) Powers of the Advisor.--The Advisor may, for the purposes of 
carrying out the functions of the Advisor under this section--
            (1) subject to the civil service and classification laws, 
        select, appoint, employ, and fix the compensation of such 
        officers and employees as are necessary and prescribe their 
        duties;
            (2) employ experts and consultants in accordance with 
        section 3109 of title 5, United States, Code, and compensate 
        individuals so employed for each day (including travel time) at 
        rates not in excess of the maximum rate of basic pay for grade 
        GS-15 as provided in section 5332 of such title, and while such 
        experts and consultants are so serving away from their homes or 
        regular place of business, to pay such employees travel 
        expenses and per diem in lieu of subsistence at rates 
        authorized by section 5703 of such title 5 for persons in 
        Federal Government service employed intermittently;
            (3) promulgate such rules and regulations as may be 
        necessary to carry out the functions, powers, and duties vested 
        in the Advisor;
            (4) utilize, with their consent, the services, personnel, 
        and facilities of other Federal agencies;
            (5) enter into and perform such contracts, leases, 
        cooperative agreements, or other transactions as may be 
        necessary in the conduct of the work of the Office and on such 
        terms as the Advisor may determine appropriate, with any 
        Federal agency, or with any public or private person or entity;
            (6) accept voluntary and uncompensated services, 
        notwithstanding the provisions of section 1342 of title 31, 
        United States Code;
            (7) adopt an official seal, which shall be judicially 
        noticed; and
            (8) provide, where authorized by law, copies of documents 
        to persons at cost, except that any funds so received shall be 
        credited to, and be available for use from, the account from 
        which expenditures relating thereto were made.
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