[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3807 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3807

To prohibit the use of Federal funds to implement the Kyoto Protocol to 
  the United Nations Framework Convention on Climate Change unless or 
 until the Senate has given its advice and consent to ratification of 
  the Kyoto Protocol and to clarify the authority of Federal agencies 
   with respect to the regulation of the emissions of carbon dioxide.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 1998

 Mr. Knollenberg (for himself, Mrs. Emerson, and Mr. Klink) introduced 
  the following bill; which was referred to the Committee on Commerce

_______________________________________________________________________

                                 A BILL


 
To prohibit the use of Federal funds to implement the Kyoto Protocol to 
  the United Nations Framework Convention on Climate Change unless or 
 until the Senate has given its advice and consent to ratification of 
  the Kyoto Protocol and to clarify the authority of Federal agencies 
   with respect to the regulation of the emissions of carbon dioxide.

    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 ``American Economy Protection Act''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) Article II, section 2, of the Constitution confers on 
        the Senate the responsibility to evaluate a treaty's merits and 
        its potential impacts on the United States and to give or 
        withhold its advice and consent for treaties negotiated by the 
        Executive Branch;
            (2) the President, as the Chief Executive, is in the most 
        effective position to negotiate on behalf of the United States, 
        but does not have the independent Constitutional authority to 
        implement or provisionally apply a treaty absent the advice and 
        consent of the Senate;
            (3) the United States is a signatory to the 1992 United 
        Nations Framework Convention on Climate Change that under the 
        1995 Berlin Mandate specifically exempts all Developing Country 
        Parties, including China, Iran, Brazil, India, and South Korea;
            (4) greenhouse gas emissions of Developing Country Parties 
        rapidly are increasing and are expected to surpass emissions of 
        the United States and other countries as early as 2015;
            (5)(A) on July 27, 1997, the Senate unanimously voted that 
        any new commitments to limit or reduce greenhouse gas emissions 
        for the United States also must include scheduled commitments 
        to limit or reduce greenhouse gas emissions for Developing 
        Country Parties within the same compliance period; and
            (B) the agreement reached in Kyoto, Japan, in December 1997 
        does not meet this standard; and
            (6) implementation of the Kyoto Protocol could result in 
        serious harm to the United States economy, including 
        significant job loss, trade disadvantages, increased energy and 
        consumer costs, or any combination thereof.

SEC. 3. PROHIBITION ON USE OF FEDERAL FUNDS TO IMPLEMENT KYOTO 
              PROTOCOL.

    (a) In General.--Federal funds shall not be used for rules, 
regulations, or programs designed to implement, or in contemplation of 
implementing, the Kyoto Protocol to the United Nations Framework 
Convention on Climate Change, done at Kyoto on December 11, 1997, 
unless or until the Senate has given its advice and consent to 
ratification of the Kyoto Protocol under Article II, section 2, clause 
2 of the Constitution.
    (b) Authority of Federal Agencies.--Notwithstanding any other 
provision of law, no Federal agency shall have authority to promulgate 
regulations to limit the emissions of carbon dioxide, after the date of 
enactment of this Act, unless a law is enacted specifically granting 
such authority.
                                 <all>