II

105TH CONGRESS

2D SESSION S. 2019

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.

IN THE SENATE OF THE UNITED STATES

APRIL 30, 1998

Mr. ASHCROFT introduced the following bill; which was read twice and

referred to the Committee on Environment and Public Works

A BILL

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.

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 ‘‘Economic Growth and

5 Sovereignty Protection Act’’.
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1 SEC. 2. FINDINGS.

2 Congress finds that—

3 (1) Article II, section 2, of the Constitution

4 confers on the Senate the responsibility to evaluate

5 a treaty’s merits and its potential impacts on the

6 United States and to give or withhold its advice and

7 consent for treaties negotiated by the Executive

8 Branch;

9 (2) the President, as the Chief Executive, is in

10 the most effective position to negotiate on behalf of

11 the United States, but does not have the independ12 ent Constitutional authority to implement or provi13 sionally apply a treaty absent the advice and consent

14 of the Senate;

15 (3) the United States is a signatory to the 1992

16 United Nations Framework Convention on Climate

17 Change that under the 1995 Berlin Mandate specifi18 cally exempts all Developing Country Parties, includ19 ing China, Iran, Brazil, India, and South Korea;

20 (4) greenhouse gas emissions of Developing

21 Country Parties rapidly are increasing and are ex22 pected to surpass emissions of the United States and

23 other countries as early as 2015;

24 (5)(A) on July 27, 1997, the Senate unani25 mously voted that any new commitments to limit or

26 reduce greenhouse gas emissions for the United
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1 States also must include scheduled commitments to

2 limit or reduce greenhouse gas emissions for Devel3 oping Country Parties within the same compliance

4 period; and

5 (B) the agreement reached in Kyoto, Japan, in

6 December 1997 does not meet this standard; and

7 (6) implementation of the Kyoto Protocol could

8 result in serious harm to the United States economy,

9 including significant job loss, trade disadvantages,

10 increased energy and consumer costs, or any com11 bination thereof.

12 SEC. 3. PROHIBITION ON USE OF FEDERAL FUNDS TO IM13 PLEMENT KYOTO PROTOCOL.

14 (a) IN GENERAL.—Federal funds shall not be used

15 for rules, regulations, or programs designed to implement,

16 or in contemplation of implementing, the Kyoto Protocol

17 to the United Nations Framework Convention on Climate

18 Change, done at Kyoto on December 11, 1997, unless or

19 until the Senate has given its advice and consent to ratifi20 cation of the Kyoto Protocol under Article II, section 2,

21 clause 2 of the Constitution.

22 (b) AUTHORITY OF FEDERAL AGENCIES.—Notwith23 standing any other provision of law, no Federal agency

24 shall have authority to promulgate regulations to limit the

25 emissions of carbon dioxide, after the date of enactment
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1 of this Act, unless a law is enacted specifically granting

2 such authority.

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