[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 1035 Introduced in Senate (IS)]

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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. 
 Cornyn, Mr. Tillis, Mrs. Capito, Mr. Braun, Mr. Budd, Mr. Hoeven, Mr. 
 Rubio, Mr. Vance, and Mr. Scott of Florida) introduced the following 
  bill; which was read twice and referred to the Committee on Foreign 
                               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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ending China's Unfair Advantage Act 
of 2023''.

SEC. 2. PROHIBITION ON USE OF FUNDS FOR THE MONTREAL PROTOCOL ON 
              SUBSTANCES THAT DEPLETE THE OZONE LAYER UNTIL CHINA IS NO 
              LONGER DEFINED AS A DEVELOPING COUNTRY.

    Notwithstanding any other provision of law, no Federal funds may be 
obligated or expended to implement the Montreal Protocol, including its 
protocols and amendments, or any fund established under the Protocol, 
until the President certifies to the appropriate congressional 
committees that the Parties to the Montreal Protocol have amended their 
Decision I/12E, ``Clarification of terms and definitions: developing 
countries,'' made at the First Meeting of the Parties to remove the 
People's Republic of China.

SEC. 3. PROHIBITION ON USE OF FUNDS FOR THE UNITED NATIONS FRAMEWORK 
              CONVENTION ON CLIMATE CHANGE UNTIL CHINA IS INCLUDED 
              AMONG THE COUNTRIES LISTED IN ANNEX I OF THE CONVENTION.

    Notwithstanding any other provision of law, no Federal funds may be 
obligated or expended to fund the operations and meetings of the United 
Nations Framework Convention on Climate Change, including it protocols 
or agreements, or any fund established under the Convention or its 
agreements, until the President certifies to the appropriate 
congressional committees that the Parties to the Framework Convention 
have included the People's Republic of China in Annex I of the 
Convention.

SEC. 4. DEFINITIONS.

    In this Act:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Foreign Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.
            (2) Montreal protocol.--The term ``Montreal Protocol'' 
        means the Montreal Protocol on Substances that Deplete the 
        Ozone Layer, done at Montreal September 16, 1987.
            (3) United nations framework convention on climate 
        change.--The term ``United Nations Framework Convention on 
        Climate Change'' means the United Nations Framework Convention 
        on Climate Change, adopted in Rio de Janeiro, Brazil in June 
        1992.
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