II 

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. 

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 ‘‘Ending China’s Unfair 

5 Advantage Act of 2023’’. 


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•S 1035 IS

1 SEC. 2. PROHIBITION ON USE OF FUNDS FOR THE MON2 TREAL PROTOCOL ON SUBSTANCES THAT DE3 PLETE THE OZONE LAYER UNTIL CHINA IS 

4 NO LONGER DEFINED AS A DEVELOPING 

5 COUNTRY. 

6 Notwithstanding any other provision of law, no Fed7 eral funds may be obligated or expended to implement the 

8 Montreal Protocol, including its protocols and amend9 ments, or any fund established under the Protocol, until 

10 the President certifies to the appropriate congressional 

11 committees that the Parties to the Montreal Protocol have 

12 amended their Decision I/12E, ‘‘Clarification of terms and 

13 definitions: developing countries,’’ made at the First Meet14 ing of the Parties to remove the People’s Republic of 

15 China. 

16 SEC. 3. PROHIBITION ON USE OF FUNDS FOR THE UNITED 

17 NATIONS FRAMEWORK CONVENTION ON CLI18 MATE CHANGE UNTIL CHINA IS INCLUDED 

19 AMONG THE COUNTRIES LISTED IN ANNEX I 

20 OF THE CONVENTION. 

21 Notwithstanding any other provision of law, no Fed22 eral funds may be obligated or expended to fund the oper23 ations and meetings of the United Nations Framework 

24 Convention on Climate Change, including it protocols or 

25 agreements, or any fund established under the Convention 

26 or its agreements, until the President certifies to the apVerDate Sep 11 2014 03:57 Apr 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1035.IS S1035

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•S 1035 IS

1 propriate congressional committees that the Parties to the 

2 Framework Convention have included the People’s Repub3 lic of China in Annex I of the Convention. 

4 SEC. 4. DEFINITIONS. 

5 In this Act: 

6 (1) APPROPRIATE CONGRESSIONAL COMMIT7 TEES.—The term ‘‘appropriate congressional com8 mittees’’ means— 

9 (A) the Committee on Foreign Relations 

10 and the Committee on Appropriations of the 

11 Senate; and 

12 (B) the Committee on Foreign Affairs and 

13 the Committee on Appropriations of the House 

14 of Representatives. 

15 (2) MONTREAL PROTOCOL.—The term ‘‘Mon16 treal Protocol’’ means the Montreal Protocol on Sub17 stances that Deplete the Ozone Layer, done at Mon18 treal September 16, 1987. 

19 (3) UNITED NATIONS FRAMEWORK CONVEN20 TION ON CLIMATE CHANGE.—The term ‘‘United Na21 tions Framework Convention on Climate Change’’ 

22 means the United Nations Framework Convention 

23 on Climate Change, adopted in Rio de Janeiro, 

24 Brazil in June 1992. 

Æ 


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