Department of the Interior, Environment, and Related Agencies Appropriations Act, 2024

Floor Speech

Date: Nov. 2, 2023
Location: Washington, DC


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Mr. PERRY. Mr. Chair, this amendment prohibits the EPA from using funds for actions pursuant to section 115 of the Clean Air Act.

Section 115 of the Clean Air Act allows the EPA to mandate State emissions levels to whatever level the agency deems appropriate if they find the following: U.S. emissions endanger a foreign nation, and the endangered nation has a reciprocal agreement to prevent or control these emissions in their own nation.

That sounds complicated and screwed up because it is.

Our EPA deciding what we do in our States based on their agreement with some other nation about what is happening in their nation shouldn't have an impact on our States.

This is a backdoor provision that allows the EPA to vastly expand its regulatory authority and encroach on the rights of the States to regulate their own energy sectors based on the actions of a foreign nation and a determination of the executive branch solely without any input from this branch.

It is irresponsible to allow unelected bureaucrats at the EPA to retain the ability to seize this expansive authority. If the U.S. Government wants to pursue such a policy, one that, in my opinion, is constitutionally suspect--be that as it may--it should be done through an explicit congressional delegation of authority on a case-by-case basis.

A similar amendment has passed the House during previous Interior- Environment appropriations packages. I know because I offered it. I am hoping that my colleagues will do the same on this one and take back our Article I authority and support this amendment.

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Mr. PERRY. Mr. Chairman, this goes exactly to the Paris climate accord. When section 115 was written, along with the rest of the Clean Air Act, that Paris climate accord did not exist. It is not a treaty. We haven't signed it, yet we are bound to it as long as the executive branch wants to use it and a foreign government says that our government is polluting their country.

It is absolutely absurd. It was never envisioned by the EPA. I think that they had good intentions, and I agreed with those good intentions at the time, but since the Paris climate accord has been agreed to by this administration, this is a dangerous precedent to set. It is dangerous to allow it to be there.

Again, as I said, this has passed in previous appropriations debates--this very amendment--and I encourage Members to vote in favor of it again to make sure that we are controlling our country, that States can control themselves, and that we don't rely on foreign governments to control our country.

Mr. Chair, I yield back the balance of my time.

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