II 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Climate Action Now 

5 Act’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 

8 (1) In Paris, on December 12, 2015, parties to 

9 the United Nations Framework Convention on CliVerDate Sep 11 2014 22:44 May 07, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H9.PCS H9

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1 mate Change (UNFCCC) reached a landmark agree2 ment to combat climate change and to accelerate 

3 and intensify the actions and investments needed for 

4 a sustainable low carbon future. 

5 (2) The Paris Agreement’s central aim is to 

6 strengthen the global response to the threat of cli7 mate change by keeping a global temperature rise 

8 well below 2 degrees Celsius above pre-industrial lev9 els and to pursue efforts to limit the temperature in10 crease even further to 1.5 degrees Celsius. 

11 (3) The Paris Agreement specifies the need for 

12 a strong global response to climate change and when 

13 taking action, the need to respect, promote, and 

14 safeguard the right to health now and for future 

15 generations. 

16 (4) The Paris Agreement acknowledges that all 

17 ‘‘Parties should, when taking action to address cli18 mate change, respect, promote and consider their re19 spective obligations on human rights, the right to 

20 health, the rights of indigenous peoples, local com21 munities, migrants, children, persons with disabil22 ities and people in vulnerable situations and the 

23 right to development, as well as gender equality, em24 powerment of women and intergenerational equity’’. 


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1 (5) The Paris Agreement notes the importance 

2 of ‘‘climate justice’’ when mitigating and adapting to 

3 climate change and recognizes ‘‘the need for an ef4 fective and progressive response to the urgent threat 

5 of climate change’’. 

6 (6) The Paris Agreement requires all parties to 

7 put forward their best efforts through nationally de8 termined contributions (NDCs) and to strengthen 

9 these efforts in the years ahead. 

10 (7) The Paris Agreement further requires each 

11 party to update its nationally determined contribu12 tion every 5 years, with each successive nationally 

13 determined contribution representing a progression 

14 beyond the previous nationally determined contribu15 tion, and reflecting the party’s highest possible am16 bition. 

17 (8) The Paris Agreement recognizes that the 

18 ocean ecosystems covering more than 70 percent of 

19 the Earth’s surface have an integral role in climate 

20 balance. Seventy percent of nationally determined 

21 contributions under the Paris Agreement are ocean22 inclusive, and 39 Paris Agreement signatories are 

23 focused on the inclusion of ocean action in nationally 

24 determined contributions through the Because the 

25 Ocean Initiative. 


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1 (9) The United States communicated its nation2 ally determined contribution to achieve an economy3 wide target of reducing its greenhouse gas emissions 

4 by 26 to 28 percent below its 2005 level in 2025 and 

5 to make best efforts to reduce its emissions by 28 

6 percent. 

7 (10) A number of existing laws, regulations, 

8 and other mandatory measures in the United States 

9 are relevant to achieving this target, including the 

10 Clean Air Act (42 U.S.C. 7401 et seq.), the Energy 

11 Policy Act of 1992 (Public Law 102–486), and the 

12 Energy Independence and Security Act of 2007 

13 (Public Law 110–140). 

14 (11) Essential in achieving this target is a 

15 thriving clean energy industry in the United States, 

16 which currently employs over 500,000 Americans. 

17 (12) On June 1, 2017, President Trump an18 nounced his intention to withdraw the United States 

19 from the Paris Agreement, which would leave the 

20 United States as the only UNFCCC member state 

21 that is not a signatory to the Paris Agreement. 

22 (13) Article 8 of the Paris Agreement notes 

23 Parties recognize the importance of averting, mini24 mizing and addressing loss and damage associated 

25 with the adverse effects of climate change, including 


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1 extreme weather events and slow onset events, and 

2 the role of sustainable development in reducing the 

3 risk of loss and damage such as strong winds from 

4 hurricanes and tropical storms, and flooding from 

5 storm surges and heavy rain, that inflict losses on 

6 various sectors of the United States economy. 

7 (14) Under the terms of the Paris Agreement, 

8 the earliest possible effective withdrawal date by the 

9 United States is November 4, 2020. However, the 

10 United States is still obligated to maintain certain 

11 commitments under the Paris Agreement, such as 

12 continuing to report its emissions to the United Na13 tions. 

14 (15) The Paris Agreement further requires that 

15 parties ‘‘should strengthen their cooperation on en16 hancing action on adaptation, taking into account 

17 the Cancun Adaptation Framework’’, which includes 

18 ‘‘measures to enhance understanding, coordination 

19 and cooperation with regard to climate change in20 duced displacement, migration and planned reloca21 tion, where appropriate, at the national, regional 

22 and international levels’’. 

23 (16) Article 8 of the Paris Agreement states 

24 that ‘‘Parties recognize the importance of averting, 

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1 ated with the adverse effects of climate change, in2 cluding extreme weather events and slow onset 

3 events’’, such as sea level rise, saltwater intrusion, 

4 and flooding. 

5 (17) The Paris Agreement is an example of 

6 multilateral, international cooperation needed to 

7 overcome challenges facing the international commu8 nity, such as reducing emissions, promoting eco9 nomic growth, and deploying clean energy tech10 nologies. 

11 (18) The Paris Agreement recognizes ‘‘the fun12 damental priority of safeguarding food security and 

13 ending hunger, and the particular vulnerabilities of 

14 food production systems to the adverse impacts of 

15 climate change.’’. 

16 (19) The Paris Agreement recognizes that ad17 aptation is a global challenge faced by all with local, 

18 subnational, national, regional and international di19 mensions, and that it is a key component of and 

20 makes a contribution to the long-term global re21 sponse to climate change to protect people, liveli22 hoods, and ecosystems. 

23 (20) American leadership encouraged wide24 spread international participation in the Paris 

25 Agreement. 


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1 (21) American cities, States, and businesses are 

2 stepping up and pledging to meet the Paris Agree3 ment goals in the wake of absent and uncertain 

4 United States Federal leadership. 

5 (22) Article 8 of the Paris Agreement states 

6 that ‘‘Parties recognize the importance of averting, 

7 minimizing and addressing loss and damage associ8 ated with the adverse effects of climate change, in9 cluding extreme weather events and slow onset 

10 events’’ such as drought conditions and water scar11 city. 

12 (23) The Paris Agreement has driven innova13 tion in developing cleaner, more reliable, and more 

14 affordable forms of energy, demonstrating that ad15 dressing climate change and providing affordable en16 ergy to American consumers are not mutually exclu17 sive. The Paris Agreement encouraged the United 

18 States to develop a Mid-Century Strategy for Deep 

19 Decarbonization, which was submitted on November 

20 16, 2016. The Mid-Century Strategy for Deep 

21 Decarbonization stated that ‘‘energy efficiency im22 provements enable the energy system to provide the 

23 services we need with fewer resources and emissions. 

24 Over the past several years, the United States has 

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1 prove the energy efficiency of buildings, appliances 

2 and vehicles can cost-effectively cut carbon pollution 

3 and lower energy bills, while maintaining significant 

4 support from U.S. industry and consumers.’’. 

5 (24) In its nationally determined contribution, 

6 the United States notes that pursuant to Executive 

7 Order No. 13693 (2015), the Federal Government 

8 has committed to reduce emissions 40 percent below 

9 2005 levels by 2025, and reaffirmed the Department 

10 of Defense’s goal to procure renewable energy across 

11 military installations and operations ‘‘to drive na12 tional greenhouse gas reductions and support prep13 arations for the impacts of climate change’’. 

14 (25) Article 10 of the Paris Agreement states 

15 that ‘‘Parties, noting the importance of technology 

16 for the implementation of mitigation and adaptation 

17 actions under this Agreement and recognizing exist18 ing technology deployment and dissemination efforts, 

19 shall strengthen cooperative action on technology de20 velopment and transfer.’’. 

21 SEC. 3. PROHIBITION ON USE OF FUNDS TO ADVANCE THE 

22 WITHDRAWAL OF THE UNITED STATES FROM 

23 THE PARIS AGREEMENT. 

24 Notwithstanding any other provision of law, no funds 

25 are authorized to be appropriated, obligated, or expended 


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1 to take any action to advance the withdrawal of the United 

2 States from the Paris Agreement. 

3 SEC. 4. PLAN FOR THE UNITED STATES TO MEET ITS NA4 TIONALLY DETERMINED CONTRIBUTION 

5 UNDER THE PARIS AGREEMENT. 

6 (a) IN GENERAL.—Not later than 120 days after the 

7 date of the enactment of this Act, the President shall de8 velop and submit to the appropriate congressional commit9 tees and make available to the public a plan for the United 

10 States to meet its nationally determined contribution 

11 under the Paris Agreement that describes— 

12 (1) how the United States will achieve an econ13 omy-wide target of reducing its greenhouse gas 

14 emissions by 26 to 28 percent below its 2005 level 

15 by 2025; 

16 (2) how the United States will use the Paris 

17 Agreement’s transparency provisions to confirm that 

18 other parties to the Agreement with major econo19 mies are fulfilling their announced contributions to 

20 the Agreement; 

21 (3) how the United States may use multilateral 

22 and bilateral diplomatic tools, in addition to the ex23 pert committee established under Article 15 of the 

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1 ties to the Agreement to fulfill their announced con2 tributions; 

3 (4) how the Paris Agreement’s loss and damage 

4 provisions would affect infrastructure resiliency in 

5 the United States; and 

6 (5) how the plan takes into consideration popu7 lations, regions, industries, and constituencies that 

8 could be affected by nationally determined contribu9 tion under the Paris Agreement, and the failure to 

10 meet such contribution, including but not limited 

11 to— 

12 (A) American jobs, wage, and pay; 

13 (B) the cost of energy, such as electricity 

14 and gasoline, for consumers; and 

15 (C) the ability to develop and deploy new, 

16 innovative, domestically-produced technologies. 

17 (b) UPDATES TO PLAN.—Not later than 1 year after 

18 the date of the enactment of this Act, and annually there19 after, the President shall submit to the appropriate con20 gressional committees and make available to the public an 

21 updated plan under subsection (a). 

22 (c) EDUCATION AND PUBLIC AWARENESS.— 

23 (1) IN GENERAL.—The plan under this section 

24 shall be consistent with Article 12 of the Paris 

25 Agreement, which states ‘‘Parties shall cooperate in 


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1 taking measures, as appropriate, to enhance climate 

2 change education, training, public awareness, public 

3 participation and public access to information, rec4 ognizing the importance of these steps with respect 

5 to enhancing actions under this Agreement.’’. 

6 (2) RULE OF CONSTRUCTION.—Nothing in this 

7 Act may be construed to require or prohibit the 

8 President from including in the plan under this sec9 tion, consistent with the prohibition described in sec10 tion 438 of the General Education Provisions Act 

11 (20 U.S.C. 1232a), recommendations to support 

12 State and local educational agencies, in integrating 

13 instruction on human-caused climate change and the 

14 societal, environmental, and economic effects of such 

15 climate change into curricula taught in elementary 

16 and secondary schools under the control of such 

17 State and local educational agencies, in order to 

18 meet the goals and ambitions of the Paris Agree19 ment to ensure climate education and awareness in 

20 schools. 

21 (d) APPROPRIATE CONGRESSIONAL COMMITTEES

22 DEFINED.—In this section, the term ‘‘appropriate con23 gressional committees’’ means— 


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1 (1) the Committee on Foreign Affairs and the 

2 Committee on Energy and Commerce of the House 

3 of Representatives; and 

4 (2) the Committee on Foreign Relations, the 

5 Committee on Environment and Public Works, and 

6 the Committee on Energy and Natural Resources of 

7 the Senate. 

8 (e) STATE AND LOCAL ACTIONS.—Nothing in this 

9 Act shall be construed to prohibit States and cities from 

10 taking more ambitious actions to reduce greenhouse gas 

11 emissions than the actions described in the plan developed 

12 and updated under this section. 

13 (f) PUBLIC COMMENT.—The President shall— 

14 (1) in making the plan under subsection (a), 

15 and updates under subsection (b), available to the 

16 public, and before submitting such plan and updates 

17 to the appropriate congressional committees— 

18 (A) publish the plan or update, as applica19 ble, in the Federal Register; and 

20 (B) provide a period of at least 90 days for 

21 public comment; and 

22 (2) after each such period for public comment, 

23 continue to make the proposed plan or update, as 

24 well as the comments received, available to the pub25 lic on regulations.gov (or any successor website). 


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1 (g) TECHNOLOGY NEUTRAL.—Nothing in this Act 

2 may be construed to require or prohibit the inclusion of 

3 a specific energy technology or technologies in the plan 

4 required by this section. 

5 (h) RULE OF CONSTRUCTION.—Nothing in this sec6 tion may be construed to require or prohibit the President 

7 from including or considering voluntary agricultural prac8 tices to be undertaken by farmers and ranchers, thereby 

9 contributing to the development of soil organic matter, in10 creasing carbon sequestration, reducing greenhouse gas 

11 emissions, and contributing to meeting the goals and am12 bitions of the Paris Agreement. 

13 SEC. 5. REPORT. 

14 Not later than 6 months after the date of the enact15 ment of this Act, the President shall produce a report that 

16 examines the effect of the Paris Agreement on clean en17 ergy job development in rural communities. 

18 SEC. 6. REPORT. 

19 Not later than 6 months after the date of the enact20 ment of this Act, the President shall enter into a contract 

21 with the National Academy of Sciences to produce a report 

22 that examines the potential impacts of a withdrawal by 

23 the United States from the Paris Agreement on the global 

24 economic competitiveness of the United States economy 

25 and on workers in the United States. 


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1 SEC. 7. PARIS AGREEMENT DEFINED. 

2 In this Act, the term ‘‘Paris Agreement’’ means the 

3 decision by the United Nations Framework Convention on 

4 Climate Change’s 21st Conference of Parties in Paris, 

5 France, adopted December 12, 2015. 

6 SEC. 8. STUDY AND REPORT. 

7 Not later than 1 year after the date of enactment 

8 of this Act, the Comptroller General of the United States 

9 shall complete a study and submit a report to the Con10 gress on the impact of the plan under subsection (a) on 

11 the United States territories, including the potential posi12 tive and negative impacts on their economies, taking into 

13 consideration their unique energy needs and systems and 

14 the climate change vulnerabilities faced by communities in 

15 these jurisdictions. 

Passed the House of Representatives May 2, 2019. 

Attest: CHERYL L. JOHNSON, 

Clerk. 


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Calendar No. 79 

116TH CONGRESS 

1ST SESSION H. R. 9 

AN ACT 

To direct the President to develop a plan for the 

other purposes. contribution under the Paris Agreement, and for United States to meet its nationally determined 

MAY 7, 2019 

Read the second time and placed on the calendar 


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