HR 2115119th CongressIn Committee

Ending China’s Unfair Advantage Act of 2025

Introduced: Mar 14, 2025

Standard Summary

Comprehensive overview in 1-2 paragraphs

The Ending China's Unfair Advantage Act of 2025 would halt U.S. funding for two major international environmental frameworks unless China is reclassified in a way favorable to the United States. Specifically, federal funds could not be used to implement or support the Montreal Protocol on Substances that Deplete the Ozone Layer until China is no longer defined as a developing country, and funds could not be used to fund operations or meetings of the United Nations Framework Convention on Climate Change (UNFCCC) until China is included in Annex I (the list of developed countries and economies in transition). The bill relies on presidential certification to Congress that these reclassifications have occurred before funds can be released again. In short, the bill uses U.S. funding as leverage to push for changes in China’s international status within two global environmental regimes, tying funding to redefinitions that determine which countries are considered developing or developed for purposes of those treaties.

Key Points

1Prohibition related to the Montreal Protocol: No federal funds may be used to implement the Montreal Protocol or its associated funds until China is removed from the “developing countries” designation per Decision I/12E, as clarified at the first Meeting of the Parties. Certification from the President to Congress is required for funds to resume.
2Prohibition related to the UNFCCC: No federal funds may be used to fund operations, meetings, or funds under the UNFCCC or its agreements until China is included in Annex I of the Convention. Certification from the President to Congress is required for funds to resume.
3Certification mechanism: The President must certify to the appropriate congressional committees that the required reclassifications have occurred before any funds can be obligated or expended.
4Definitions and scope: The act defines the Montreal Protocol, the UNFCCC, and identifies the “appropriate congressional committees” (Senate Foreign Relations and Appropriations; House Foreign Affairs and Appropriations) to receive the required certifications.
5Purpose and framing: The bill is framed as a response to what its sponsors view as an unfair advantage for China by maintaining its developing-country status in these forums, using funding blocks as leverage to change classifications.

Impact Areas

Primary groups/areas affected:- U.S. federal agencies and programs that fund international environmental activities (Montreal Protocol compliance activities, UNFCCC-related activities, and related funds).Secondary groups/areas affected:- The People’s Republic of China, as the reclassification would directly affect its status in international environmental regimes.- International partners and regimes participating in the Montreal Protocol and UNFCCC, whose programs could be slowed or altered pending U.S. funding decisions.Additional impacts:- Potential delays or disruption in Ozone Layer protection efforts and climate policy negotiations that rely on U.S. involvement and funding.- Diplomatic and multilateral implications, as the bill leverages funding to affect international classifications and policy processes.- Possible financial and administrative burden on U.S. agencies to implement funding with the conditionality and certification requirements.This is a bill introduced in the 119th Congress and was filed with the sponsor group including Mr. Dunn (FL) with co-sponsors. It is currently in the introductory stage and would need to pass both houses and be signed into law to take effect.The policy lever hinges on reclassifying China’s status in two separate international agreements: removing China from the developing-country category under the Montreal Protocol’s Decision I/12E and placing China in Annex I of the UNFCCC. Such reclassifications are typically determined by the parties to each treaty and international processes, not unilaterally by the U.S. Congress.

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