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S 680119th CongressIn Committee

Ending China's Unfair Advantage Act of 2025

Introduced: Feb 20, 2025
Standard Summary
Comprehensive overview in 1-2 paragraphs

The Ending China's Unfair Advantage Act of 2025 would withhold U.S. funding from two major international climate/ozone regimes—the Montreal Protocol and the United Nations Framework Convention on Climate Change (UNFCCC)—until China is no longer classified as a developing country. Specifically, the bill requires presidential certification that international parties have amended their decisions to remove China from the developing-country category under the Montreal Protocol, and to include China in Annex I of the UNFCCC (the list of developed countries). In short, if China remains defined as a developing country, the United States could not fund activities, meetings, or funds associated with these agreements. The aim, as stated in the title, is to push for a reclassification of China in global environmental regimes.

Key Points

  • 1Prohibits use of federal funds to implement the Montreal Protocol and its funding mechanisms until China is removed from the developing-country designation (via an amendment to Decision I/12E).
  • 2Prohibits use of federal funds to fund operations, meetings, and funds under the UNFCCC and its agreements until China is included in Annex I of the Convention.
  • 3Requires the President to certify to the appropriate congressional committees that the international parties have made the necessary amendments (removing China from “developing countries” for the Montreal Protocol and including China in Annex I for the UNFCCC).
  • 4Uses a broad “notwithstanding any other provision of law” clause, ensuring these prohibitions take precedence over other funding authorities.
  • 5Defines the key terms and identifies the “appropriate congressional committees” that must receive certifications (Senate Foreign Relations and Appropriations; House Foreign Affairs and Appropriations).

Impact Areas

Primary group/area affected:- U.S. federal funding and participation in the Montreal Protocol and its funds; U.S. engagement with the UNFCCC and its mechanisms.Secondary group/area affected:- China’s status in international environmental regimes; international climate and ozone-depletion policy dynamics; multilateral diplomacy and funding flows to global environmental programs.Additional impacts:- Potentially slower or altered progress on ozone-depleting substances controls and climate negotiations if U.S. funding is temporarily blocked.- Diplomatic and policy signaling about how the U.S. views China’s role in global environmental governance.- Possible legal and administrative questions about what counts as funding “to implement” protocols or meetings, and how certifications are verified.The bill targets two long-standing international regimes: the Montreal Protocol (ozone-depleting substances) and the UNFCCC (global climate framework).“Annex I” refers to the list of developed countries under the UNFCCC; adding China would align its status with other major developed economies in negotiations.The sponsor list in the text includes several senators led by Senator Barrasso, indicating a bipartisan or cross-senate coalition, depending on later actions.
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