HR 3807 IH

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.

May 7, 1998

Mr. KNOLLENBERG (for himself, Mrs. EMERSON, and Mr. KLINK) introduced the following bill; which was referred to the Committee on Commerce

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.