,,iii  #aadth ,,congress  #ast ,session 
,s4 ,,con4 ,,res4 #be  ,,in ,,the       
,,senate ,,of ,,the ,,united ,,states   
,november #ai1 #bjae,mr4 ,lee 7for      
himself1 ,mr4 ,cotton1 ,mr4 ,cruz1 ,mr4 
,vitter1 ,mr4 ,shelby1 ,mr4 ,thune1 ,mr4
 ,scott1 ,mr4 ,wicker1 ,mr4 ,hatch1 ,mr4
 ,mc,cain1 ,mr4 ,blunt1 ,mr4 ,johnson1  
,mr4 ,rounds1 ,mr4 ,roberts1 ,mr4       
,sessions1 ,mr4 ,cochran1 ,mr4 ,tillis1 
,mr4 ,grassley1 ,mr4 ,coats1 ,mr4       
,cassidy1 ,mr4 ,crapo1 ,mr4 ,inhofe1    
,mr4 ,mc,connell1 ,mr4 ,sasse1 ,mr4     
,daines1 ,mr4 ,toomey1 ,mr4 ,barrasso1  
,mr4 ,paul1 ,mrs4 ,capito1 ,mr4 ,enzi1  
and ,mr4 ,cornyn7 submitted the         
following concurrent resolution2 which  
was referred to the ,committee on       
,foreign ,relations  ,,concurrent       
,,resolution  ,expressing the sense of  
,congress that the ,president should    
submit the ,paris climate change        
agreement to the ,senate for its advice 
and consent4  ,whereas the ,united      
,states is party to the ,united ,nations

 ,framework ,convention on ,climate     
,change1 with annexes1 done at ,new     
,york ,may #i1 #aiib1 and entered into  
force ,march #ba1 #aiid 7in this        
resolution referred to as the           
,convention72 ,whereas the ,convention  
requires the ,united ,states to adopt   
national policies and take corresponding
 measures on the mitigation of climate  
change1 by limiting its anthropogenic   
emissions of greenhouse gases1 but does 
not require the ,united ,states to      
commit to specific targets or timetables
 for emissions reductions2 ,whereas1    
during the ,convention's advice and     
consent process in the ,committee on    
,foreign ,relations of the ,senate 7in  
this resolution referred to as the      
,foreign ,relations ,committee7 a       
question arose whether future protocols 
made pursuant to the ,convention        
containing targets and timetables for   
emissions reductions should be submitted
 to the ,senate for advice and consent2 
,whereas the ,foreign ,relations        

,committee submitted a written question1
 ,would a protocol containing targets   
and timetables be submitted to the      
,senate8 to which the ,executive ,branch
 responded1 ,if such a protocol were    
negotiated and adopted1 and the ,united 
,states wished to become a party1 we    
would expect such a protocol to be      
submitted to the ,senate42 ,whereas the 
,foreign ,relations ,committee1 chaired 
by ,senator ,claiborne ,pell1 issued    
,executive ,report #ajb-ee regarding the
 ,convention in which it noted that a   
decision by the ,conference of the      
,parties to adopt targets and timetables
 would have to be submitted to the      
,senate for its advice and consent      
before the ,united ,states could deposit
 its instruments of ratification for    
such an agreement2 ,whereas ,executive  
,report #ajb-ee further noted that a    
decision by the executive branch to     
reinterpret the ,convention to apply    
legally binding targets and timetables  
for reducing emissions of greenhouse    

gases to the ,united ,states would alter
 the shared understanding of the        
,convention between the ,senate and the 
executive branch and would therefore    
require the ,senate's advice and        
consent2 ,whereas1 under the auspices   
given by the ,executive ,branch that    
future agreements made pursuant to the  
,convention containing targets and      
timetables for emissions reductions     
would be submitted to the ,senate1 the  
,senate gave its consent to ratification
 of the ,convention on ,october #g1     
#aiib2 ,whereas1 in ,december #bjaa1 at 
the seventeenth session of the          
,conference of the ,parties 7,,cop-#ag7 
in ,durban1 ,south ,africa1 the ,ad ,hoc
 ,working ,group on the ,durban         
,platform for ,enhanced ,action was     
established1 inter alia1 to develop a   
protocol1 another legal instrument or an
 agreed outcome with legal force under  
the ,convention to be completed no later
 than #bjae and adopted at the          
twenty-first session of the ,conference 

of the ,parties 7,,cop-#ba72 ,whereas1  
subsequent to ,,cop-#ag1 representatives
 of ,president ,barack ,obama1 including
 the ,special ,envoy for ,climate       
,change1 have made public statements    
indicating that the ,united ,states     
intends to finalize a climate change    
agreement at ,,cop-#ba that contains    
targets and timetables for emissions    
reductions2 ,whereas the ,executive     
,branch has made clear through its      
public statements that it intends to    
negotiate a climate change agreement at 
,,cop-#ba that contains legally binding 
provisions as well as nonbinding        
provisions--including targets and       
timetables for emissions                
reductions--attached as an addendum or  
schedule to the legally binding         
agreement2 ,whereas the ,french         
,minister of ,foreign ,affairs1 ,laurent
 ,fabius1 who will host ,,cop-#ba1 has  
stated1 ,we must find a formula which is
 valuable for everybody and valuable for
 the ,u4,s4 without going to the        

,congress42 ,whereas the ,department of 
,state developed guidelines known as the
 ,circular #age ,procedure 7,c-#age7 to 
facilitate the application of orderly   
and uniform measures to the negotiation1
 conclusion1 reporting1 publication1 and
 registration of ,u4,s4 treaties and    
international agreements2 ,whereas      
,c-#age1 inter alia1 set forth eight    
factors for determining whether any     
international agreement should be       
brought into force as a treaty or as an 
international agreement other than a    
treaty2 ,whereas the ,executive ,branch 
must give due consideration to the eight
 factors outlined in ,c-#age1 and the   
utmost care is to be exercised to avoid 
any invasion or compromise of the       
constitutional powers of the ,president1
 the ,senate1 and the ,congress as a    
whole2 ,whereas the eight factors are as
 follows3 7#a7 the extent to which the  
agreement involves commitments or risks 
affecting the ,nation as a whole2 7#b7  
whether the agreement is intended to    

affect ,state laws2 7#c7 whether the    
agreement can be given effect without   
the enactment of subsequent legislation 
by the ,congress2 7#d7 past ,united     
,states practice as to similar          
agreements2 7#e7 the preference of the  
,congress as to a particular type of    
agreement2 7#f7 the degree of formality 
desired for an agreement2 7#g7 the      
proposed duration of the agreement1 the 
need for prompt conclusion of an        
agreement1 and the desirability of      
concluding a routine or short-term      
agreement2 and 7#h7 the general         
international practice as to similar    
agreements2 ,whereas ,,cop-#ba will be  
held in ,paris1 ,france1 from ,november 
#cj to ,december #aa1 #bjae2 ,whereas1  
at ,,cop-#ba1 the ,united ,states will  
be expected1 inter alia1 to commit      
billions of dollars in taxpayer money to
 fund the ,green ,climate ,fund and     
other financial mechanisms to fund      
mitigation and adaptation projects in   
developing countries2 ,whereas the      

,paris climate change agreement1 either 
in the form contemplated by the         
,president or in its current draft form 
released on ,october #e1 #bjae1 by the  
,ad ,hoc ,working ,group on the ,durban 
,platform1 reflects the characteristics 
of a treaty as set forth in ,c-#age1 and
 does not reflect the characteristics of
 an international agreement other than a
 treaty2 and ,whereas1 pursuant to      
commitments made by the ,executive      
,branch to the ,senate during the advice
 and consent process for the ,convention
 the ,executive ,branch stated that any 
protocol containing targets and         
timetables would be submitted to the    
,senate3 ,now1 therefore1 be it  ,that  
it is the sense of ,congress that-- 7#a7
 the statements made by the ,executive  
,branch to the ,senate during ,senate   
consideration of the ,convention and set
 forth in ,executive ,report #ajb-ee    
remain valid and in force and1          
accordingly1 any agreement adopted at   
,,cop-#ba containing targets and        

timetables1 whether deemed legally      
binding or not1 must be submitted to the
 ,senate for advice and consent pursuant
 to ,article ,,ii1 section #b of the    
,constitution2  7#b7 any agreement or   
decision made at ,,cop-#ba that contains
 targets and timetables--whether they   
are contained within a legally binding  
instrument or attached as a nonbinding  
schedule or addendum to a legally       
binding instrument--shall be considered 
by the ,congress to be an agreement     
containing targets and timetables2  7#c7
 a decision by the ,executive ,branch   
made at ,,cop-#ba or any other venue to 
apply targets and timetables for        
reducing emissions of greenhouse gases  
to the ,united ,states would alter the  
shared understanding of the ,convention 
between the ,executive ,branch and the  
,senate and would therefore require the 
,senate's advice and consent2  7#d7 the 
,department of ,state developed the     
,circular #age ,procedure to determine  
how international agreements would be   

negotiated1 and the eight factors       
contained in the ,procedure strongly    
support the conclusion that any         
agreement made under the ,convention    
that contains targets and timetables for
 reducing emissions of greenhouse gases 
must be submitted to the ,senate for    
advice and consent2  7#e7 until all     
commitments on emissions targets and    
timetables made at ,,cop-#ba are        
submitted to the ,senate for advice and 
consent and subsequently ratified by the
 ,executive ,branch1 such commitments   
shall have no effect on the             
interpretation of ,united ,states law or
 the international obligations of the   
,united ,states2 and  7#f7 ,congress    
should refuse to consider any budget    
resolutions and appropriations language 
that include funding for the ,green     
,climate ,fund or any affiliated body or
 financing mechanism unless and until   
all agreements on emissions targets and 
timetables reached at ,,cop-#ba are     
submitted to the ,senate for advice and 

consent4