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Floor Speech

By: Mike Lee
By: Mike Lee
Date: Sept. 21, 2022
Location: Washington, DC

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Mr. LEE. Mr. President, China is not a developing nation. China is the world's second largest economy. China is the world's largest manufacturer, and China is the world's No. 1 creditor. Yet this body, the U.S. Senate, is poised to ratify a treaty that ignores those facts and treats China with kid gloves. Simply put, the Kigali Amendment places America at a competitive disadvantage, using American taxpayer dollars to subsidize Chinese companies.

The Kigali Amendment restricts supplies of compounds called hydrofluorocarbons or HFCs, which are refrigerants used in most air- conditioning and refrigeration systems. The rationale is that HFCs leaking out of equipment and into the atmosphere add to climate change. However, even the EPA admits that HFCs contribute only five one- hundreths of 1 degree Celsius to projected increases in global temperature.

As a developing nation, designated as such under the Kigali Amendment, China is eligible to receive funding from the $4.5 billion Multilateral Fund, of which the United States is, not surprisingly, the largest contributor.

If this treaty is ratified, the United States will be required under the treaty to meet strict deadlines for phasing out HFCs, while China is given an additional 10-year timeline to come into compliance with the same standards. It is doubtful, given its track record, that China has any intention of actually meeting its environmental obligations under this treaty.

Treating China as a developing country gives it an unfair advantage in the existing HFC market and allows China to continue production, allowing that country to continue to undercut the HFC market well into the 2040s. As the world's largest emitter of greenhouse gases, China has a long history of disrespecting and disregarding environmental standards and has continually increased its emissions and investments in coal-fired powerplants since the 2015 Paris climate agreement.

Under this treaty, Chinese-based HFC producers will get the largest share of the controlled market in future supplies needed to keep existing cooling systems running. As it has done under past environmental treaties, China will continue to produce supplies that are not allowed under the updated environmental standards.

This is part of a conspicuous trend on China's part. China wants to get ahead by playing by a different set of rules than the rest of the world--and certainly a different set of rules than the United States has to live under. We know China ignores the rules and has little respect, if any, for international norms, and yet we continue to allow China to dominate markets with the financial support of American taxpayer dollars.

This is a point where it just goes too far. We can't give them that. They haven't earned that. There is nothing about their behavior to suggest that they deserve this treatment. We shouldn't give it to them here.

To that end, later today, the Senate will likely vote on an amendment offered by Senator Sullivan and me. Now, it will not fix all of the flaws in the Kigali treaty; it will, however, begin to address the issue of China receiving special treatment at the expense of the American people. It will require the Secretary of State to propose the removal of China's designation as a developing nation to the Vienna Convention. I urge my colleagues to vote in favor of our amendment and acknowledge the fact that China is not a developing nation.

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