119-s2374

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2374 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2374

 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

 July 22, 2025

 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.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Climate Change 
Resiliency Fund for America Act of 2025''.

    (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.

SEC. 2. DEFINITIONS.

 In this Act:

    (1) Commission.--The term ``Commission'' means the Climate 
 Change Advisory Commission established by 

section 101

    (a) .

    (2) 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 national average populations of that category:
        (A) Black.
        (B) African American.
            (C) Asian.
            (D) Pacific Islander.
        (E) Other non-White race.
        (F) Hispanic.
        (G) Latino.
        (H) Native American.
            (I) Linguistically isolated.

    (3) Eligible entity.--The term ``eligible entity'' 
 includes--
        (A) a Federal agency;
        (B) a State or group of States;
            (C) a unit of local government or a group of local 
 governments;
            (D) a utility district;
        (E) a Tribal government or a consortium of Tribal 
 governments;
        (F) a State or regional transit agency or a group 
 of State or regional transit agencies;
        (G) a nonprofit organization;
        (H) a special purpose district or public authority, 
 including a port authority; and
            (I) any other entity, as determined by the 
 Secretary.

    (4) Environmental justice community.--The term 
 ``environmental justice community'' means a community with 
 significant representation of communities of color or low-
 income communities that experiences, or is at risk of 
 experiencing, higher or more adverse human health or 
 environmental effects.

    (5) Frontline community.--The term ``frontline community'' 
 means a low-income community or a community of color that is 
 disproportionately impacted or burdened by climate change, 
 industrial pollution (including historic pollution), or a 
 phenomenon associated with climate change, including such a 
 community that was or is at risk of being disproportionately 
 impacted or burdened by climate change, industrial pollution 
 (including historic pollution), or a phenomenon associated with 
 climate change earlier than other such communities.

    (6) Fund.--The term ``Fund'' means the Climate Change 
 Resiliency Fund established by 

section 201

    (a)

    (1) .

    (7) Low-income community.--The term ``low-income 
 community'' means any census block group in which 30 percent or 
 more of the population are individuals with an annual household 
 income equal to, or less than, the greater of--
        (A) an amount equal to 80 percent of the median 
 household income of the area in which the household is 
 located, as reported by the Department of Housing and 
 Urban Development; and
        (B) 200 percent of the Federal poverty line.

    (8) Project.--The term ``project'' means a project for a 
 qualified climate change adaptation purpose performed by an 
 eligible entity under 

section 201

    (b) .

    (9) Qualified climate change adaptation 

=== purpose ===
-
        (A) In general.--The term ``qualified climate 
 change adaptation purpose'' means an objective with a 
 demonstrated intent to reduce the economic, social, and 
 environmental impact of the adverse effects of climate 
 change.
        (B) Inclusions.--The term ``qualified climate 
 change adaptation purpose'' includes infrastructure 
 resiliency and mitigation, improved disaster response, 
 and ecosystem protection, which may be accomplished 
 through activities or projects with objectives such 
 as--
            (i) reducing risks or enhancing resilience 
 to sea level rise, extreme weather events, 
 fires, drought, flooding, heat island impacts, 
 or worsened indoor or outdoor air quality;
            (ii) protecting farms and the food and 
 water supply from climate impacts;
            (iii) reducing risks of food insecurity 
 that would otherwise result from climate 
 change;
            (iv) ensuring that disaster and public 
 health plans account for more severe weather;
            (v) reducing risks from geographical change 
 to disease vectors, pathogens, invasive 
 species, and the distribution of pests; and
            (vi) other projects or activities, as 
 determined to be appropriate by the Commission.

    (10) Secretary.--The term ``Secretary'' means the Secretary 
 of Commerce.

    (11) State.--The term ``State'' means a State, the District 
 of Columbia, the Commonwealth of Puerto Rico, and any other 
 territory or possession of the United States.

 TITLE I--CLIMATE CHANGE ADVISORY COMMISSION

SEC. 101. ESTABLISHMENT OF CLIMATE CHANGE ADVISORY COMMISSION.

    (a) In General.--There is established a commission to be known as 
the ``Climate Change Advisory Commission''.

    (b) Membership.--The Commission shall be composed of 11 members--

    (1) who shall be selected from the public and private 
 sectors and institutions of higher education with a 
 demonstrated expertise in climate mitigation solutions and 
 commitment to the implementation of those solutions; and

    (2) of whom--
        (A) 3 shall be appointed by the President, in 
 consultation with the National Climate Task Force;
        (B) 2 shall be appointed by the Speaker of the 
 House of Representatives;
            (C) 2 shall be appointed by the minority leader of 
 the House of Representatives;
            (D) 2 shall be appointed by the majority leader of 
 the Senate; and
        (E) 2 shall be appointed by the minority leader of 
 the Senate.
            (c) Terms.--Each member of the Commission shall be appointed for a 
5-year term.
            (d) Initial Appointments.--Each member of the Commission shall be 
appointed not later than 90 days after the date of enactment of this 
Act.

    (e) Vacancies.--A vacancy on the Commission--

    (1) shall not affect the powers of the Commission; and

    (2) shall be filled in the manner in which the original 
 appointment was made.

    (f) Initial Meeting.--Not later than 30 days after the date on 
which all members of the Commission have been appointed, the Commission 
shall--

    (1) virtually hold the initial meeting of the Commission; 
 and

    (2) at that initial meeting, determine the regular location 
 of meetings of the Commission.

    (g) Meetings.--The Commission shall meet--

    (1) at the call of the Chairperson; or

    (2) by a call of a simple majority of the membership of the 
 Commission.

    (h) Quorum.--A majority of the members of the Commission shall 
constitute a quorum, but a lesser number of members may hold hearings.
            (i) Chairperson and Vice Chairperson.--The Commission shall select 
a Chairperson and Vice Chairperson from among the members of the 
Commission.

SEC. 102. DUTIES.

 The Commission shall--

    (1) establish and, as necessary, update recommendations, 
 frameworks, and guidelines for a Federal investment program 
 funded by revenue from climate change obligations issued under 
 

section 301 for eligible entities that--
        (A) improve and adapt energy, transportation, 
 water, and general infrastructure impacted or expected 
 to be impacted due to climate variability; and
        (B) integrate best available science, data, 
 standards, models, and trends that improve the 
 resiliency of infrastructure systems described in 
 subparagraph
        (A) ; and

    (2) identify and, as necessary, update categories of the 
 most cost-effective investments and projects that emphasize 
 multiple benefits to human health, commerce, and ecosystems 
 while ensuring that the Commission engages in early, 
 meaningful, and culturally and linguistically appropriate 
 community stakeholder involvement opportunities during the 
 development of the recommendations, frameworks, and guidelines 
 established under paragraph

    (1) .

SEC. 103. COMMISSION PERSONNEL MATTERS.

    (a) Compensation of Members.--

    (1) 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 5315 of title 5, United States 
 Code, for each day (including travel time) during which the 
 member is engaged in the performance of the duties of the 
 Commission.

    (2) 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 Government.

    (b) Travel Expenses.--A member of the Commission shall be allowed 
travel expenses, including per diem in lieu of subsistence, at rates 
authorized for an employee of an agency under subchapter I of chapter 
57 of title 5, United States Code, while away from the home or regular 
place of business of the member in the performance of the duties of the 
Commission.
            (c) Staff.--

    (1) In general.--The Chairperson of the Commission, or a 
 simple majority of the membership of the Commission, may, 
 without regard to the civil service laws (including 
 regulations), appoint and terminate such personnel as are 
 necessary to enable the Commission to perform the duties of the 
 Commission.

    (2) Compensation.--
        (A) In general.--Except as provided in subparagraph
        (B) , the Chairperson of the Commission may fix the 
 compensation of personnel without regard to the 
 provisions of chapter 51 and subchapter III of chapter 
 53 of title 5, United States Code, relating to 
 classification of positions and General Schedule pay 
 rates.
        (B) 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 5316 of title 
 5, United States Code.

SEC. 104. FUNDING.

 The Commission shall use amounts in the Fund to pay for all 
administrative expenses of the Commission, not to exceed 3 percent of 
the amounts made available for projects for a qualified climate change 
adaptation purpose from the Fund during the applicable calendar year.

SEC. 105. TERMINATION.

 The Commission shall terminate on the date that is 20 years after 
the date of enactment of this Act.

 TITLE II--CLIMATE CHANGE RESILIENCY FUND

SEC. 201. CLIMATE CHANGE RESILIENCY FUND.

    (a) Establishment.--

    (1) In general.--There is established in the Treasury of 
 the United States the ``Climate Change Resiliency Fund''.

    (2) Use of amounts.--
        (A) In general.--The Secretary shall use not less 
 than 40 percent of the amounts in the Fund to fund 
 projects that benefit communities that experience 
 disproportionate impacts from climate change and 
 climate change-causing pollution, including 
 environmental justice communities, frontline 
 communities, and low-income communities.
        (B) Maintenance of effort.--All amounts deposited 
 in the Fund in accordance with 

section 301

    (a) shall 
 only be used--
            (i) to fund new projects in accordance with 
 this section; and
            (ii) for administrative expenses of the 
 Commission authorized under 

section 104.

    (3) Responsibility of secretary.--The Secretary shall take 
 such action as the Secretary determines necessary to assist in 
 implementing the Fund in accordance with this section, which 
 shall include consulting with relevant Federal agencies.

    (b) Climate Change Adaptation Projects.--The Secretary, in 
consultation with the Commission, shall carry out a program to provide 
funds to eligible entities to carry out projects for a qualified 
climate change adaptation purpose.
            (c) Applications.--

    (1) In general.--An eligible entity desiring funds under 
 subsection

    (b) shall, with respect to a project, submit to the 
 Secretary an application at such time, in such manner, and 
 containing such information as the Secretary may require.

    (2) 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 performed, 
 such as--
        (A) an economic impact;
        (B) improvements to public health; or
            (C) permanent environmental preservation or 
 restoration.

    (3) Technical assistance.--The Secretary shall offer 
 technical assistance to eligible entities preparing 
 applications under this subsection.
            (d) Selection.--

    (1) 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 102.

    (2) Priority.--In selecting eligible entities under 
 paragraph

    (1) , the Secretary shall give priority to eligible 
 entities planning to perform projects that will serve areas 
 with the greatest need.

    (e) Non-Federal Funding Requirement.--

    (1) In general.--Subject to paragraphs

    (2) and

    (3) , in 
 order to receive funds under this section, an eligible entity 
 shall provide funds for a project in an amount that is equal to 
 not less than 25 percent of the amount of funds provided under 
 this section.

    (2) Waiver.--The Secretary may waive all or part of the 
 matching requirement under paragraph

    (1) for an eligible 
 entity, especially an eligible entity performing a project 
 benefitting a low-income community, frontline community, or an 
 environmental justice community, if the Secretary determines 
 that--
        (A) there are no reasonable means available through 
 which the eligible entity can meet the matching 
 requirement; or
        (B) the probable benefit of the project outweighs 
 the public interest of the matching requirement.

    (3) No-match projects.--
        (A) In general.--The Secretary shall award not less 
 than 10 percent and not more than 40 percent of the 
 total funds awarded under this section to eligible 
 entities to which the matching requirement under 
 paragraph

    (1) shall not apply.
        (B) Priority.--The Secretary shall give priority 
 for funding under subparagraph
        (A) to an eligible 
 entity performing a project in a community experiencing 
 a disproportionate impact of climate change, 
 including--
            (i) an environmental justice community;
            (ii) a low-income community;
            (iii) a community of color; or
            (iv) a frontline community.

    (f) 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 
section.

SEC. 202. COMPLIANCE WITH DAVIS-BACON ACT.

    (a) In General.--All laborers and mechanics employed by contractors 
and subcontractors on projects funded directly by, or assisted in whole 
or in part by and through, 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 31 of part A of title 40, United States Code.

    (b) Labor Standards.--With respect to the labor standards described 
in this section, the Secretary of Labor shall have the authority and 
functions set forth in Reorganization Plan Numbered 14 of 1950 (64 
Stat. 1267; 5 U.S.C. App.) and 

section 3145 of title 40, United States 
Code.

SEC. 203. FUNDING.

 To carry out the program under 

section 201

    (b) , the Secretary, in 
addition to amounts in the Fund, may use amounts that have been made 
available to the Secretary and are not otherwise obligated.

 TITLE III--REVENUE

SEC. 301. CLIMATE CHANGE OBLIGATIONS.

    (a) In General.--Not later than 6 months after the date of the 
enactment of this Act, the Secretary of the Treasury or the Secretary's 
delegate (referred to in this title as the ``Secretary'') shall issue 
obligations under chapter 31 of title 31, United States Code (referred 
to in this title as ``climate change obligations''), the proceeds from 
which shall be deposited in the Fund.

    (b) 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 
States.
            (c) Exemption From Local Taxation.--All climate change obligations 
issued by the Secretary, and the interest on or credits with respect to 
such obligations, shall not be subject to taxation by any State, 
county, municipality, or local taxing authority.
            (d) Amount of Climate Change Obligations.--

    (1) In general.--Except as provided in paragraph

    (2) , the 
 aggregate face amount of the climate change obligations issued 
 annually under this section shall be $200,000,000.

    (2) Additional obligations.--For any calendar year in which 
 all of the obligations issued pursuant to paragraph

    (1) have 
 been purchased, the Secretary may issue additional climate 
 change obligations during such calendar year, provided that the 
 aggregate face amount of such additional obligations does not 
 exceed $800,000,000.

    (e) Funding.--The Secretary shall use funds made available to the 
Secretary and not otherwise obligated to carry out the purposes of this 
section.

SEC. 302. PROMOTION.

    (a) In General.--The Secretary shall promote the purchase of 
climate change obligations through such means as are determined 
appropriate by the Secretary, with the amount expended for such 
promotion not to exceed $10,000,000 for any fiscal year during the 
period of fiscal years 2026 through 2030.

    (b) Donated Advertising.--In addition to any advertising paid for 
with funds made available under subsection
            (c) , the Secretary shall 
solicit and may accept the donation of advertising relating to the sale 
of climate change obligations.
            (c) Authorization of Appropriations.--For each fiscal year during 
the period of fiscal years 2026 through 2030, there is authorized to be 
appropriated $10,000,000 to carry out the purposes of this section.
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