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S. 4340IntroducedSenate · nowHousePresidentLawIn committee
Sec. 2 · S. 4340

Congressional declaration; purposes; findings

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(a) Congressional declaration Congress declares that the general welfare and the common defense and security require effective action— (1) to develop, and increase the efficiency of, all energy sources to meet the needs of present and future generations; (2) to increase the productivity of the economy of the United States and strengthen the position of the United States in regard to international trade; (3) to make the United States self-sufficient in energy; and (4) to promote and preserve affordable energy for families and businesses in the United States. (b) Purposes The purposes of this Act are— (1) to provide for the regulation of interstate commerce; and (2) to promote the production and use of affordable, abundant, and reliable energy resources. (c) Findings Congress finds that— (1) affordable, abundant, and reliable energy resources are a necessary component of the general welfare of the United States; (2) the production and use of abundant energy resources promotes— (A) the national security of the United States; and (B) the health, safety, and welfare of the citizens of the United States; (3) the regulation of interstate, international, and transboundary emissions in the ambient air is within the exclusive jurisdiction of Federal law; (4) the efforts of States to impose liability on persons engaged in the energy business for interstate and global emissions, whether through State tort law, consumer protection claims, the passage and enforcement of so-called climate superfund laws, or other civil actions, invade the exclusive jurisdiction of the Federal Government; (5) the efforts to attribute local weather patterns and the local harms that result from meteorological events, such as floods, droughts, hurricanes, wildfires, or heat waves, to persons engaged in the energy business lack scientific credibility and are, therefore, arbitrary; (6) the efforts of States and municipalities to impose retroactive liability on persons engaged in the energy business for otherwise lawful conduct offends elementary considerations of fairness and the Constitution of the United States; (7) the efforts described in paragraphs (4), (5), and (6)— (A) are a strain on the judiciary; (B) erode public confidence in the administration of justice; (C) threaten to destabilize entire industries that are lawfully engaging in commerce in the United States; and (D) burden the interstate, Tribal, and foreign commerce of the United States; (8) the efforts described in paragraphs (4), (5), and (6) undermine the national security of the United States, as affordable, abundant, and reliable energy is critical for the readiness of the Armed Forces of the United States and the ability to deploy those Armed Forces to deter and counter the adversaries of the United States; (9) the efforts described in paragraphs (4), (5), and (6) offend the equal sovereign dignity that each of the States enjoys, invading the autonomy of the other States within their respective spheres; (10) the Commerce Clause of section 8 of article I of the Constitution of the United States authorizes Congress to regulate all commerce among the several States, with foreign nations, and with Indian Tribes; and (11) to discharge the constitutional duties of Congress, the Commerce Clause of section 8 of article I of the Constitution of the United States empowers Congress to craft legislation under such terms and conditions as are necessary and proper.

Sec. 2: Congressional declaration; purposes; findings · Public Law Tracker