On Tuesday. Sen. Mike Johanns  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.

According to Johanns, “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,” he said. 

Johanns said that the American people are “tired of being burned by backroom deals and procedural gimmicks.”

“My legislation holds Congress accountable and ensures a fair and open debate about cap-and-trade instead of quietly slipping it into law,” he said. ”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.”

According to Johanns, his legislation would:

• 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.
  • 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.
  •   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.