Sen. Mike Johanns today introduced legislation that would prevent cap-and-trade from being added to a House-Senate Conference bill if previous action has not been taken in the Senate. This means that 67 Senators would have to vote to allow cap and trade to become law without having debated it in the Senate. Media reports indicate that some in the Majority are publicly contemplating trying to pass cap-and-trade by attaching it to a conference report during a lame duck session. This legislation would make such a move very difficult.
THANK You Senator Johanns for introducing this important legislation. 2/3rd Vote, let it stand or fall!
WASHINGTON
Sen. Mike Johanns today introduced legislation that would prevent cap-and-trade from being added to a House-Senate Conference bill if previous action has not been taken in the Senate. This means that 67 Senators would have to vote to allow cap and trade to become law without having debated it in the Senate. Media reports indicate that some in the Majority are publicly contemplating trying to pass cap-and-trade by attaching it to a conference report during a lame duck session. This legislation would make such a move very difficult.
“The American people are tired of being burned by backroom deals and procedural gimmicks,” said Johanns. “My legislation holds Congress accountable and ensures a fair and open debate about cap-and-trade instead of quietly slipping it into law. It’s shocking that the Majority would consider circumventing the will of the public to pass cap-and-trade in a lame duck session with zero debate in the Senate. Cap-and-trade is too broad, overreaching and economically significant to be snuck into law without a transparent and honest deliberation.
“Farmers, ranchers, small businesses and virtually anyone who flips on a light switch will bear the brunt of this through higher taxes and sky-rocketing energy costs. Last spring, I led a successful effort to prevent cap-and-trade from being passed using budget reconciliation, and I am hopeful my colleagues again will join me in protecting the American people from this devastating policy.”
Background:
• The legislation establishes a point of order against cap-and trade legislation that prevents it from being inappropriately added to a bill unless the Senate has already debated and approved cap-and-trade through normal Senate procedures.
o Adoption of the amendment would not preclude the Senate from approving a cap-and-trade bill under regular order. If a Senate cap-and-trade bill can garner 60 votes, the amendment would not be triggered.
o However, a two-thirds vote would be required to overturn this point of order (67 Senators) if House leaders attempt to circumvent the Senate by slipping it into a conference report.
• In April 2009, Sen. Johanns’ amendment to exclude climate legislation from being passed using budget reconciliation passed by a vote of 67-31. Twenty-six Democrats voted for the amendment.
• A copy of the amendment can be found here.
• Sen. Johanns’ video remarks on his legislation can be found here.
• On June 16, 2010, Politico reported that the Senate legislative plan for passing a cap and trade bill was to:
“Conference the new Senate bill with the already-passed House bill in a lame-duck session after the election, so House members don’t have to take another tough vote ahead of midterms.” (Politico, "Pundits Pan Obama-Ohio Focus Group Embraces-W.H. Aims For Triple Crown," 6/16/2010)
• On July 9, 2010 a Wall Street Journal column reported that the President wants to add House-authored climate provisions to a Senate bill that does not contain them in Conference:
“One reason President Obama failed to mention climate change legislation during his recent, Oval Office speech on the Gulf oil spill was that he wants to pass a modest energy bill this summer, then add carbon taxes or regulations in a conference committee with the House, most likely during a lame-duck session. The result would be a climate bill vastly more ambitious, and costly for American consumers and taxpayers, than moderate "Blue Dogs" in the House would support on the campaign trail.” (Wall Street Journal, "The Obama-Pelosi Lame Duck Strategy," 7/9/2010)
• On July 23, 2010,Bloomberg reported that:
“U.S. Senator John Kerry said Democrats may take up his comprehensive climate-change bill in a lame-duck session after the November elections, while calling on President Barack Obama to escalate his advocacy for the measure.” (Bloomberg, "Kerry Says Democrats May Take Up Broad Climate Legislation After Election," 7/23/2010)