Summary
# S. 1035: Plain English Summary
## WHAT THIS BILL DOES
This bill stops the federal government from spending money on two international agreements about the environment. The government cannot spend this money until China's status changes in both agreements. The bill requires the President to officially confirm these status changes to Congress before any money can be used.
## WHO IT AFFECTS
This bill affects federal agencies that manage U.S. participation in international environmental agreements. The Senate Committee on Foreign Relations, Senate Committee on Appropriations, House Committee on Foreign Affairs and House Committee on Appropriations must receive the President's certification. The two international agreements themselves are also affected.
## KEY PROVISIONS
• No federal money can be spent on the Montreal Protocol (an agreement about protecting the ozone layer) until the President confirms that China has been removed from the list of developing countries in that agreement (Sec. 2)
• No federal money can be spent on the United Nations Framework Convention on Climate Change (a climate agreement) until the President confirms that China has been added to a specific list called Annex I of that agreement (Sec. 3)
• The President must send written certification to specific congressional committees before any money can be spent on either agreement (Sec. 2 and Sec. 3)
## WHAT CHANGES
If this bill becomes law, the federal government stops funding these two environmental agreements immediately. The money stays blocked until China's classification changes in both agreements. Once the President certifies these changes to Congress, the funding can resume.
## IMPORTANT DEFINITIONS
• Montreal Protocol: The Montreal Protocol on Substances that Deplete the Ozone Layer, signed in Montreal on September 16, 1987
• United Nations Framework Convention on Climate Change: The United Nations Framework Convention on Climate Change, adopted in Rio de Janeiro, Brazil in June 1992
## EFFECTIVE DATE
Not specified in bill text
II
118TH CONGRESS
1ST SESSION
S. 1035
To prohibit funding for the Montreal Protocol on Substances that Deplete
the Ozone Layer and the United Nations Framework Convention on
Climate Change until China is no longer defined a developing country.
IN THE SENATE OF THE UNITED STATES
MARCH 29, 2023
Mr. BARRASSO (for himself, Mr. SULLIVAN, Mr. LEE, Ms. LUMMIS, Mr. COR-
NYN, Mr. TILLIS, Mrs. CAPITO, Mr. BRAUN, Mr. BUDD, Mr. HOEVEN,
Mr. RUBIO, Mr. VANCE, and Mr. SCOTT of Florida) introduced the fol-
lowing bill; which was read twice and referred to the Committee on For-
eign Relations
A BILL
To prohibit funding for the Montreal Protocol on Substances
that Deplete the Ozone Layer and the United Nations
Framework Convention on Climate Change until China
is no longer defined a developing country.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Ending China’s Unfair
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Advantage Act of 2023’’.
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•S 1035 IS
SEC. 2. PROHIBITION ON USE OF FUNDS FOR THE MON-
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TREAL PROTOCOL ON SUBSTANCES THAT DE-
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PLETE THE OZONE LAYER UNTIL CHINA IS
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NO LONGER DEFINED AS A DEVELOPING
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COUNTRY.
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Notwithstanding any other provision of law, no Fed-
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eral funds may be obligated or expended to implement the
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Montreal Protocol, including its protocols and amend-
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ments, or any fund established under the Protocol, until
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the President certifies to the appropriate congressional
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committees that the Parties to the Montreal Protocol have
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amended their Decision I/12E, ‘‘Clarification of terms and
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definitions: developing countries,’’ made at the First Meet-
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ing of the Parties to remove the People’s Republic of
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China.
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SEC. 3. PROHIBITION ON USE OF FUNDS FOR THE UNITED
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NATIONS FRAMEWORK CONVENTION ON CLI-
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MATE CHANGE UNTIL CHINA IS INCLUDED
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AMONG THE COUNTRIES LISTED IN ANNEX I
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OF THE CONVENTION.
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Notwithstanding any other provision of law, no Fed-
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eral funds may be obligated or expended to fund the oper-
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ations and meetings of the United Nations Framework
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Convention on Climate Change, including it protocols or
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agreements, or any fund established under the Convention
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or its agreements, until the President certifies to the ap-
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•S 1035 IS
propriate congressional committees that the Parties to the
1
Framework Convention have included the People’s Repub-
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lic of China in Annex I of the Convention.
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SEC. 4. DEFINITIONS.
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In this Act:
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(1) APPROPRIATE
CONGRESSIONAL
COMMIT-
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TEES.—The term ‘‘appropriate congressional com-
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mittees’’ means—
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(A) the Committee on Foreign Relations
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and the Committee on Appropriations of the
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Senate; and
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(B) the Committee on Foreign Affairs and
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the Committee on Appropriations of the House
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of Representatives.
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(2) MONTREAL PROTOCOL.—The term ‘‘Mon-
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treal Protocol’’ means the Montreal Protocol on Sub-
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stances that Deplete the Ozone Layer, done at Mon-
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treal September 16, 1987.
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(3) UNITED
NATIONS
FRAMEWORK
CONVEN-
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TION ON CLIMATE CHANGE.—The term ‘‘United Na-
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tions Framework Convention on Climate Change’’
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means the United Nations Framework Convention
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on Climate Change, adopted in Rio de Janeiro,
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Brazil in June 1992.
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Æ
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