,,ii #aagth ,,congress #ast ,session ,s4 #hgc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,march #ah1 #bjba,mr4 ,durbin introduced the following bill2 which was read twice and referred to the ,committee on ,finance ,a ,,bill ,to establish the ,climate ,change ,advisory ,commission to develop recommendations1 frameworks1 and guidelines for projects to respond to the impacts of climate change1 to issue ,federal obligations1 the proceeds of which shall be used to fund projects that aid in adaptation to climate change1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,climate ,change ,resiliency ,fund for ,america ,act of #bjba4 7b7 ,table of contents ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,definitions4,,title ,i--,climate ,change ,advisory ,commission,sec4 #aja4 ,establishment of ,climate ,change ,advisory ,commission4,sec4 #ajb4 ,duties4,sec4 #ajc4 ,commission personnel matters4,sec4 #ajd4 ,funding4,sec4 #aje4 ,termination4,,title ,,ii--,climate ,change ,resiliency ,fund,sec4 #bja4 ,climate ,change ,resiliency ,fund4,sec4 #bjb4 ,compliance with ,davis-,bacon ,act4,sec4 #bjc4 ,funding4,,title ,,iii--,revenue,sec4 #cja4 ,climate ,change ,obligations4,sec4 #cjb4 ,promotion4 #b4 ,definitions ,in this ,act3 7#a7 ,commission ,the term ,commission means the ,climate ,change ,advisory ,commission established by section #aja7;a74 7#b7 ,community of color ,the term community of color means a geographically distinct area in which the population of any of the following categories of individuals is higher than the average populations of that category for the ,state in which the community is located3 7,a7 ,black4 7,b7 ,african ,american4 7,c7 ,asian4 7,d7 ,pacific ,islander4 7,e7 ,other non-,white race4 7,f7 ,hispanic4 7,g7 ,latino4 7,h7 ,linguistically isolated4 7#c7 ,eligible entity ,the term eligible entity includes-- 7,a7 a ,federal agency2 7,b7 a ,state or group of ,states2 7,c7 a unit of local government or a group of local governments2 7,d7 a utility district2 7,e7 a ,tribal government or a consortium of ,tribal governments2 7,f7 a ,state or regional transit agency or a group of ,state or regional transit agencies2 7,g7 a nonprofit organization2 7,h7 a special purpose district or public authority1 including a port authority2 and 7,i7 any other entity1 as determined by the ,secretary4 7#d7 ,environmental justice community ,the term environmental justice community means a community with significant representation of communities of color1 low-income communities1 or ,tribal and indigenous communities that experiences1 or is at risk of experiencing1 higher or more adverse human health or environmental effects4 7#e7 ,frontline community ,the term frontline community means a low-income community1 a community of color1 or a ,tribal community that is disproportionately impacted or burdened by climate change or a phenomenon associated with climate change1 including such a community that was or is at risk of being disproportionately impacted or burdened by climate change or a phenomenon associated with climate change earlier than other such communities4 7#f7 ,fund ,the term ,fund means the ,climate ,change ,resiliency ,fund established by section #bja7;a77#a74 7#g7 ,low-income community ,the term low-income community means any census block group in which #cj percent or more of the population are individuals with an annual household income equal to1 or less than1 the greater of-- 7,a7 an amount equal to #hj percent of the median household income of the area in which the household is located1 as reported by the ,department of ,housing and ,urban ,development2 and 7,b7 #bjj percent of the ,federal poverty line4 7#h7 ,project ,the term project means a project for a qualified climate change adaptation purpose performed by an eligible entity under section #bja7;b74 7#i7 ,qualified climate change adaptation purpose 7,a7 ,in general ,the term qualified climate change adaptation purpose means an objective with a demonstrated intent to reduce the economic1 social1 and environmental impact of the adverse effects of climate change4 7,b7 ,inclusions ,the term qualified climate change adaptation purpose includes infrastructure resiliency and mitigation1 improved disaster response1 and ecosystem protection1 which may be accomplished through activities or projects with objectives such as-- 7i7 reducing risks or enhancing resilience to sea level rise1 extreme weather events1 fires1 drought1 flooding1 heat island impacts1 or worsened indoor or outdoor air quality2 7ii7 protecting farms and the food supply from climate impacts2 7iii7 reducing risks of food insecurity that would otherwise result from climate change2 7iv7 ensuring that disaster and public health plans account for more severe weather2 7v7 reducing risks from geographical change to disease vectors1 pathogens1 invasive species1 and the distribution of pests2 and 7vi7 other projects or activities1 as determined to be appropriate by the ,commission4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#aa7 ,state ,the term ,state means a ,state1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 and any other territory or possession of the ,united ,states4 ,i ,climate ,change ,advisory ,commission #aja4 ,establishment of ,climate ,change ,advisory ,commission 7a7 ,in general ,there is established a commission to be known as the ,climate ,change ,advisory ,commission4 7b7 ,membership ,the ,commission shall be composed of #aa members-- 7#a7 who shall be selected from the public and private sectors and institutions of higher education2 and 7#b7 of whom-- 7,a7 #c shall be appointed by the ,president1 in consultation with the ,national ,climate ,task ,force2 7,b7 #b shall be appointed by the ,speaker of the ,house of ,representatives2 7,c7 #b shall be appointed by the minority leader of the ,house of ,representatives2 7,d7 #b shall be appointed by the majority leader of the ,senate2 and 7,e7 #b shall be appointed by the minority leader of the ,senate4 7c7 ,terms ,each member of the ,commission shall be appointed for the life of the ,commission4 7d7 ,initial appointments ,each member of the ,commission shall be appointed not later than #ij days after the date of enactment of this ,act4 7e7 ,vacancies ,a vacancy on the ,commission-- 7#a7 shall not affect the powers of the ,commission2 and 7#b7 shall be filled in the manner in which the original appointment was made4 7f7 ,initial meeting ,not later than #cj days after the date on which all members of the ,commission have been appointed1 the ,commission shall hold the initial meeting of the ,commission4 7g7 ,meetings ,the ,commission shall meet at the call of the ,chairperson4 7h7 ,quorum ,a majority of the members of the ,commission shall constitute a quorum1 but a lesser number of members may hold hearings4 7i7 ,chairperson and ,vice ,chairperson ,the ,commission shall select a ,chairperson and ,vice ,chairperson from among the members of the ,commission4 #ajb4 ,duties ,the ,commission shall-- 7#a7 establish recommendations1 frameworks1 and guidelines for a ,federal investment program funded by revenue from climate change obligations issued under section #cja for eligible entities that-- 7,a7 improve and adapt energy1 transportation1 water1 and general infrastructure impacted or expected to be impacted due to climate variability2 and 7,b7 integrate best available science1 data1 standards1 models1 and trends that improve the resiliency of infrastructure systems described in subparagraph 7,a72 and 7#b7 in consultation with the ,council on ,environmental ,quality and the ,white ,house ,environmental ,justice ,interagency ,council1 identify categories of the most cost-effective investments and projects that emphasize multiple benefits to human health1 commerce1 and ecosystems while ensuring that the ,commission engages in early and meaningful community stakeholder involvement opportunities during the development of the recommendations1 frameworks1 and guidelines established under paragraph 7#a74 #ajc4 ,commission personnel matters 7a7 ,compensation of members 7#a7 ,non-federal employees ,a member of the ,commission who is not an officer or employee of the ,federal ,government shall be compensated at a rate equal to the daily equivalent of the annual rate of basic pay prescribed for level ,,iv of the ,executive ,schedule under section #ecae of title #e1 ,united ,states ,code1 for each day 7including travel time7 during which the member is engaged in the performance of the duties of the ,commission4 7#b7 ,federal employees ,a member of the ,commission who is an officer or employee of the ,federal ,government shall serve without compensation in addition to the compensation received for the services of the member as an officer or employee of the ,federal ,government4 7b7 ,travel expenses ,a member of the ,commission shall be allowed travel expenses1 including per diem in lieu of subsistence1 at rates authorized for an employee of an agency under subchapter ,i of chapter #eg of title #e1 ,united ,states ,code1 while away from the home or regular place of business of the member in the performance of the duties of the ,commission4 7c7 ,staff 7#a7 ,in general ,the ,chairperson of the ,commission may1 without regard to the civil service laws 7including regulations71 appoint and terminate such personnel as are necessary to enable the ,commission to perform the duties of the ,commission4 7#b7 ,compensation 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,chairperson of the ,commission may fix the compensation of personnel without regard to the provisions of chapter #ea and subchapter ,,iii of chapter #ec of title #e1 ,united ,states ,code1 relating to classification of positions and ,general ,schedule pay rates4 7,b7 ,maximum rate of pay ,the rate of pay for personnel shall not exceed the rate payable for level ,v of the ,executive ,schedule under section #ecaf of title #e1 ,united ,states ,code4 #ajd4 ,funding ,the ,commission shall use amounts in the ,fund to pay for all administrative expenses of the ,commission4 #aje4 ,termination ,the ,commission shall terminate on such date as the ,commission determines after the ,commission carries out the duties of the ,commission under section #ajb4 ,,ii ,climate ,change ,resiliency ,fund #bja4 ,climate ,change ,resiliency ,fund 7a7 ,establishment 7#a7 ,in general ,there is established in the ,treasury of the ,united ,states the ,climate ,change ,resiliency ,fund4 7#b7 ,use of amounts 7,a7 ,in general ,the ,secretary shall use not less than #dj percent of the amounts in the ,fund to fund projects that benefit communities that experience disproportionate impacts from climate change1 including environmental justice communities1 frontline communities1 and low-income communities4 7,b7 ,maintenance of effort ,all amounts deposited in the ,fund in accordance with section #cja7;a7 shall only be used-- 7i7 to fund new projects in accordance with this section2 and 7ii7 for administrative expenses of the ,commission authorized under section #ajd4 7#c7 ,responsibility of ,secretary ,the ,secretary shall take such action as the ,secretary determines necessary to assist in implementing the ,fund in accordance with this section4 7b7 ,climate change adaptation projects ,the ,secretary1 in consultation with the ,commission1 shall carry out a program to provide funds to eligible entities to carry out projects for a qualified climate change adaptation purpose4 7c7 ,applications 7#a7 ,in general ,an eligible entity desiring funds under subsection 7b7 shall1 with respect to a project1 submit to the ,secretary an application at such time1 in such manner1 and containing such information as the ,secretary may require4 7#b7 ,contents ,an application submitted by an eligible entity under this subsection shall include data relating to any benefits the eligible entity expects the project to provide to the community in which the applicable project is performed1 such as-- 7,a7 an economic impact2 or 7,b7 improvements to public health4 7#c7 ,technical assistance ,the ,secretary shall offer technical assistance to eligible entities preparing applications under this subsection4 7d7 ,selection 7#a7 ,in general ,the ,secretary shall select eligible entities to receive funds to carry out projects under this section based on criteria and guidelines determined and published by the ,commission under section #ajb4 7#b7 ,priority ,in selecting eligible entities under paragraph 7#a71 the ,secretary shall give priority to eligible entities planning to perform projects that will serve areas with the greatest need4 7e7 ,non-,federal funding requirement 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 in order to receive funds under this section1 an eligible entity shall provide funds for a project in an amount that is equal to not less than #be percent of the amount of funds provided under this section4 7#b7 ,waiver ,the ,secretary may waive all or part of the matching requirement under paragraph 7#a7 for an eligible entity1 especially an eligible entity performing a project benefitting a low-income community or an environmental justice community1 if the ,secretary determines that-- 7,a7 there are no reasonable means available through which the eligible entity can meet the matching requirement2 or 7,b7 the probable benefit of the project outweighs the public interest of the matching requirement4 7#c7 ,no-match projects 7,a7 ,in general ,the ,secretary shall award not less than #aj percent and not more than #dj percent of the total funds awarded under this section to eligible entities to which the matching requirement under paragraph 7#a7 shall not apply4 7,b7 ,priority ,the ,secretary shall give priority for funding under subparagraph 7,a7 to an eligible entity performing a project in a community experiencing a disproportionate impact of climate change1 including-- 7i7 an environmental justice community2 7ii7 a low-income community2 or 7iii7 a community of color4 7f7 ,applicability of ,federal law ,nothing in this ,act shall be construed to waive the requirements of any ,federal law or regulation that would otherwise apply to a project that receives funds under this section4 #bjb4 ,compliance with ,davis-,bacon ,act 7a7 ,in general ,all laborers and mechanics employed by contractors and subcontractors on projects funded directly by1 or assisted in whole or in part by and through1 the ,fund shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the ,secretary of ,labor in accordance with subchapter ,,iv of chapter #ca of part ,a of title #dj1 ,united ,states ,code4 7b7 ,labor standards ,with respect to the labor standards described in this section1 the ,secretary of ,labor shall have the authority and functions set forth in ,reorganization ,plan ,numbered #ad of #aiej 7#fd ,stat4 #abfg2 #e ,u4,s4,c4 ,app47 and section #cade of title #dj1 ,united ,states ,code4 #bjc4 ,funding ,to carry out the program under section #bja7;b71 the ,secretary1 in addition to amounts in the ,fund1 may use amounts that have been made available to the ,secretary and are not otherwise obligated4 ,,iii ,revenue #cja4 ,climate ,change ,obligations 7a7 ,in general ,not later than #f months after the date of the enactment of this ,act1 the ,secretary of the ,treasury or the ,secretary's delegate 7referred to in this title as the ,secretary7 shall issue obligations under chapter #ca of title #ca1 ,united ,states ,code 7referred to in this title as climate change obligations71 the proceeds from which shall be deposited in the ,fund4 7b7 ,full faith and credit ,payment of interest and principal with respect to any climate change obligation issued under this section shall be made from the general fund of the ,treasury of the ,united ,states and shall be backed by the full faith and credit of the ,united ,states4 7c7 ,exemption from local taxation ,all climate change obligations issued by the ,secretary1 and the interest on or credits with respect to such obligations1 shall not be subject to taxation by any ,state1 county1 municipality1 or local taxing authority4 7d7 ,amount of ,climate ,change ,obligations 7#a7 ,in general ,except as provided in paragraph 7#b71 the aggregate face amount of the climate change obligations issued annually under this section shall be #bjj1jjj1jjj4 7#b7 ,additional obligations ,for any calendar year in which all of the obligations issued pursuant to paragraph 7#a7 have been purchased1 the ,secretary may issue additional climate change obligations during such calendar year1 provided that the aggregate face amount of such additional obligations does not exceed #hjj1jjj1jjj4 7e7 ,funding ,the ,secretary shall use funds made available to the ,secretary and not otherwise obligated to carry out the purposes of this section4 #cjb4 ,promotion 7a7 ,in general ,the ,secretary shall promote the purchase of climate change obligations through such means as are determined appropriate by the ,secretary1 with the amount expended for such promotion not to exceed #aj1jjj1jjj for any fiscal year during the period of fiscal years #bjbb through #bjbf4 7b7 ,donated advertising ,in addition to any advertising paid for with funds made available under subsection 7c71 the ,secretary shall solicit and may accept the donation of advertising relating to the sale of climate change obligations4 7c7 ,authorization of appropriations ,for each fiscal year during the period of fiscal years #bjbb through #bjbf1 there is authorized to be appropriated #aj1jjj1jjj to carry out the purposes of this section4