[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 79
116th CONGRESS
1st Session
H. R. 9
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 6, 2019
Received; read the first time
May 7, 2019
Read the second time and placed on the calendar
_______________________________________________________________________
AN ACT
To direct the President to develop a plan for the United States to meet
its nationally determined contribution under the Paris Agreement, 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 ``Climate Action Now Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In Paris, on December 12, 2015, parties to the United
Nations Framework Convention on Climate Change (UNFCCC) reached
a landmark agreement to combat climate change and to accelerate
and intensify the actions and investments needed for a
sustainable low carbon future.
(2) The Paris Agreement's central aim is to strengthen the
global response to the threat of climate change by keeping a
global temperature rise well below 2 degrees Celsius above pre-
industrial levels and to pursue efforts to limit the
temperature increase even further to 1.5 degrees Celsius.
(3) The Paris Agreement specifies the need for a strong
global response to climate change and when taking action, the
need to respect, promote, and safeguard the right to health now
and for future generations.
(4) The Paris Agreement acknowledges that all ``Parties
should, when taking action to address climate change, respect,
promote and consider their respective obligations on human
rights, the right to health, the rights of indigenous peoples,
local communities, migrants, children, persons with
disabilities and people in vulnerable situations and the right
to development, as well as gender equality, empowerment of
women and intergenerational equity''.
(5) The Paris Agreement notes the importance of ``climate
justice'' when mitigating and adapting to climate change and
recognizes ``the need for an effective and progressive response
to the urgent threat of climate change''.
(6) The Paris Agreement requires all parties to put forward
their best efforts through nationally determined contributions
(NDCs) and to strengthen these efforts in the years ahead.
(7) The Paris Agreement further requires each party to
update its nationally determined contribution every 5 years,
with each successive nationally determined contribution
representing a progression beyond the previous nationally
determined contribution, and reflecting the party's highest
possible ambition.
(8) The Paris Agreement recognizes that the ocean
ecosystems covering more than 70 percent of the Earth's surface
have an integral role in climate balance. Seventy percent of
nationally determined contributions under the Paris Agreement
are ocean-inclusive, and 39 Paris Agreement signatories are
focused on the inclusion of ocean action in nationally
determined contributions through the Because the Ocean
Initiative.
(9) The United States communicated its nationally
determined contribution to achieve an economy-wide target of
reducing its greenhouse gas emissions by 26 to 28 percent below
its 2005 level in 2025 and to make best efforts to reduce its
emissions by 28 percent.
(10) A number of existing laws, regulations, and other
mandatory measures in the United States are relevant to
achieving this target, including the Clean Air Act (42 U.S.C.
7401 et seq.), the Energy Policy Act of 1992 (Public Law 102-
486), and the Energy Independence and Security Act of 2007
(Public Law 110-140).
(11) Essential in achieving this target is a thriving clean
energy industry in the United States, which currently employs
over 500,000 Americans.
(12) On June 1, 2017, President Trump announced his
intention to withdraw the United States from the Paris
Agreement, which would leave the United States as the only
UNFCCC member state that is not a signatory to the Paris
Agreement.
(13) Article 8 of the Paris Agreement notes Parties
recognize the importance of averting, minimizing and addressing
loss and damage associated with the adverse effects of climate
change, including extreme weather events and slow onset events,
and the role of sustainable development in reducing the risk of
loss and damage such as strong winds from hurricanes and
tropical storms, and flooding from storm surges and heavy rain,
that inflict losses on various sectors of the United States
economy.
(14) Under the terms of the Paris Agreement, the earliest
possible effective withdrawal date by the United States is
November 4, 2020. However, the United States is still obligated
to maintain certain commitments under the Paris Agreement, such
as continuing to report its emissions to the United Nations.
(15) The Paris Agreement further requires that parties
``should strengthen their cooperation on enhancing action on
adaptation, taking into account the Cancun Adaptation
Framework'', which includes ``measures to enhance
understanding, coordination and cooperation with regard to
climate change induced displacement, migration and planned
relocation, where appropriate, at the national, regional and
international levels''.
(16) Article 8 of the Paris Agreement states that ``Parties
recognize the importance of averting, minimizing and addressing
loss and damage associated with the adverse effects of climate
change, including extreme weather events and slow onset
events'', such as sea level rise, saltwater intrusion, and
flooding.
(17) The Paris Agreement is an example of multilateral,
international cooperation needed to overcome challenges facing
the international community, such as reducing emissions,
promoting economic growth, and deploying clean energy
technologies.
(18) The Paris Agreement recognizes ``the fundamental
priority of safeguarding food security and ending hunger, and
the particular vulnerabilities of food production systems to
the adverse impacts of climate change.''.
(19) The Paris Agreement recognizes that adaptation is a
global challenge faced by all with local, subnational,
national, regional and international dimensions, and that it is
a key component of and makes a contribution to the long-term
global response to climate change to protect people,
livelihoods, and ecosystems.
(20) American leadership encouraged widespread
international participation in the Paris Agreement.
(21) American cities, States, and businesses are stepping
up and pledging to meet the Paris Agreement goals in the wake
of absent and uncertain United States Federal leadership.
(22) Article 8 of the Paris Agreement states that ``Parties
recognize the importance of averting, minimizing and addressing
loss and damage associated with the adverse effects of climate
change, including extreme weather events and slow onset
events'' such as drought conditions and water scarcity.
(23) The Paris Agreement has driven innovation in
developing cleaner, more reliable, and more affordable forms of
energy, demonstrating that addressing climate change and
providing affordable energy to American consumers are not
mutually exclusive. The Paris Agreement encouraged the United
States to develop a Mid-Century Strategy for Deep
Decarbonization, which was submitted on November 16, 2016. The
Mid-Century Strategy for Deep Decarbonization stated that
``energy efficiency improvements enable the energy system to
provide the services we need with fewer resources and
emissions. Over the past several years, the United States has
demonstrated that programs and standards to improve the energy
efficiency of buildings, appliances and vehicles can cost-
effectively cut carbon pollution and lower energy bills, while
maintaining significant support from U.S. industry and
consumers.''.
(24) In its nationally determined contribution, the United
States notes that pursuant to Executive Order No. 13693 (2015),
the Federal Government has committed to reduce emissions 40
percent below 2005 levels by 2025, and reaffirmed the
Department of Defense's goal to procure renewable energy across
military installations and operations ``to drive national
greenhouse gas reductions and support preparations for the
impacts of climate change''.
(25) Article 10 of the Paris Agreement states that
``Parties, noting the importance of technology for the
implementation of mitigation and adaptation actions under this
Agreement and recognizing existing technology deployment and
dissemination efforts, shall strengthen cooperative action on
technology development and transfer.''.
SEC. 3. PROHIBITION ON USE OF FUNDS TO ADVANCE THE WITHDRAWAL OF THE
UNITED STATES FROM THE PARIS AGREEMENT.
Notwithstanding any other provision of law, no funds are authorized
to be appropriated, obligated, or expended to take any action to
advance the withdrawal of the United States from the Paris Agreement.
SEC. 4. PLAN FOR THE UNITED STATES TO MEET ITS NATIONALLY DETERMINED
CONTRIBUTION UNDER THE PARIS AGREEMENT.
(a) In General.--Not later than 120 days after the date of the
enactment of this Act, the President shall develop and submit to the
appropriate congressional committees and make available to the public a
plan for the United States to meet its nationally determined
contribution under the Paris Agreement that describes--
(1) how the United States will achieve an economy-wide
target of reducing its greenhouse gas emissions by 26 to 28
percent below its 2005 level by 2025;
(2) how the United States will use the Paris Agreement's
transparency provisions to confirm that other parties to the
Agreement with major economies are fulfilling their announced
contributions to the Agreement;
(3) how the United States may use multilateral and
bilateral diplomatic tools, in addition to the expert committee
established under Article 15 of the Paris Agreement, to
encourage and assist other parties to the Agreement to fulfill
their announced contributions;
(4) how the Paris Agreement's loss and damage provisions
would affect infrastructure resiliency in the United States;
and
(5) how the plan takes into consideration populations,
regions, industries, and constituencies that could be affected
by nationally determined contribution under the Paris
Agreement, and the failure to meet such contribution, including
but not limited to--
(A) American jobs, wage, and pay;
(B) the cost of energy, such as electricity and
gasoline, for consumers; and
(C) the ability to develop and deploy new,
innovative, domestically-produced technologies.
(b) Updates to Plan.--Not later than 1 year after the date of the
enactment of this Act, and annually thereafter, the President shall
submit to the appropriate congressional committees and make available
to the public an updated plan under subsection (a).
(c) Education and Public Awareness.--
(1) In general.--The plan under this section shall be
consistent with Article 12 of the Paris Agreement, which states
``Parties shall cooperate in taking measures, as appropriate,
to enhance climate change education, training, public
awareness, public participation and public access to
information, recognizing the importance of these steps with
respect to enhancing actions under this Agreement.''.
(2) Rule of construction.--Nothing in this Act may be
construed to require or prohibit the President from including
in the plan under this section, consistent with the prohibition
described in section 438 of the General Education Provisions
Act (20 U.S.C. 1232a), recommendations to support State and
local educational agencies, in integrating instruction on
human-caused climate change and the societal, environmental,
and economic effects of such climate change into curricula
taught in elementary and secondary schools under the control of
such State and local educational agencies, in order to meet the
goals and ambitions of the Paris Agreement to ensure climate
education and awareness in schools.
(d) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Foreign Affairs and the Committee on
Energy and Commerce of the House of Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Environment and Public Works, and the Committee on Energy and
Natural Resources of the Senate.
(e) State and Local Actions.--Nothing in this Act shall be
construed to prohibit States and cities from taking more ambitious
actions to reduce greenhouse gas emissions than the actions described
in the plan developed and updated under this section.
(f) Public Comment.--The President shall--
(1) in making the plan under subsection (a), and updates
under subsection (b), available to the public, and before
submitting such plan and updates to the appropriate
congressional committees--
(A) publish the plan or update, as applicable, in
the Federal Register; and
(B) provide a period of at least 90 days for public
comment; and
(2) after each such period for public comment, continue to
make the proposed plan or update, as well as the comments
received, available to the public on regulations.gov (or any
successor website).
(g) Technology Neutral.--Nothing in this Act may be construed to
require or prohibit the inclusion of a specific energy technology or
technologies in the plan required by this section.
(h) Rule of Construction.--Nothing in this section may be construed
to require or prohibit the President from including or considering
voluntary agricultural practices to be undertaken by farmers and
ranchers, thereby contributing to the development of soil organic
matter, increasing carbon sequestration, reducing greenhouse gas
emissions, and contributing to meeting the goals and ambitions of the
Paris Agreement.
SEC. 5. REPORT.
Not later than 6 months after the date of the enactment of this
Act, the President shall produce a report that examines the effect of
the Paris Agreement on clean energy job development in rural
communities.
SEC. 6. REPORT.
Not later than 6 months after the date of the enactment of this
Act, the President shall enter into a contract with the National
Academy of Sciences to produce a report that examines the potential
impacts of a withdrawal by the United States from the Paris Agreement
on the global economic competitiveness of the United States economy and
on workers in the United States.
SEC. 7. PARIS AGREEMENT DEFINED.
In this Act, the term ``Paris Agreement'' means the decision by the
United Nations Framework Convention on Climate Change's 21st Conference
of Parties in Paris, France, adopted December 12, 2015.
SEC. 8. STUDY AND REPORT.
Not later than 1 year after the date of enactment of this Act, the
Comptroller General of the United States shall complete a study and
submit a report to the Congress on the impact of the plan under
subsection (a) on the United States territories, including the
potential positive and negative impacts on their economies, taking into
consideration their unique energy needs and systems and the climate
change vulnerabilities faced by communities in these jurisdictions.
Passed the House of Representatives May 2, 2019.
Attest:
CHERYL L. JOHNSON,
Clerk.
Calendar No. 79
116th CONGRESS
1st Session
H. R. 9
_______________________________________________________________________
AN ACT
To direct the President to develop a plan for the United States to meet
its nationally determined contribution under the Paris Agreement, and
for other purposes.
_______________________________________________________________________
May 7, 2019
Read the second time and placed on the calendar