Excerpted from Byrd/Hagel resolution;
Whereas the exemption for Developing Country Parties is inconsistent with the need for global action on climate change and is environmentally flawed;
Whereas the Senate strongly believes that the proposals under negotiation, because of the disparity of treatment between Annex I Parties and Developing Countries and the level of required emission reductions, could result in serious harm to the United States economy, including significant job loss, trade disadvantages, increased energy and consumer costs, or any combination thereof; and
Whereas it is desirable that a bipartisan group of Senators be appointed by the Majority and Minority Leaders of the Senate for the purpose of monitoring the status of negotiations on Global Climate Change and reporting periodically to the Senate on those negotiations: Now, therefore, be it
Resolved, That it is the sense of the Senate that--
(1) the United States should not be a signatory to any protocol to, or other agreement regarding, the United Nations Framework Convention on Climate Change of 1992, at negotiations in Kyoto in December 1997, or thereafter, which would--
(A) mandate new commitments to limit or reduce greenhouse gas emissions for the Annex I Parties, unless the protocol or other agreement also mandates new specific scheduled commitments to limit or reduce greenhouse gas emissions for Developing Country Parties within the same compliance period, or
(B) would result in serious harm to the economy of the United States; and
(2) any such protocol or other agreement which would require the advice and consent of the Senate to ratification should be accompanied by a detailed explanation of any legislation or regulatory actions that may be required to implement the protocol or other agreement and should also be accompanied by an analysis of the detailed financial costs and other impacts on the economy of the United States which would be incurred by the implementation of the protocol or other agreement.
SEC. 2. The Secretary of the Senate shall transmit a copy of this resolution to the President.
Based on this alone, Cap & Trade should be dead in the water. Paragraph 1 above clearly states that this applies to Kyoto and anything "thereafter" of a similar nature.
Most of todays senators were in office when this passed in 1997, 95 voted yea, 5 did not vote. It appears to me that they all need to be reminded of this resolution.
Here is a link to the full text of the bill
http://www.nationalcenter.org/KyotoSenate.html
And a link to the roll call
http://www.senate.gov/legislative/LIS/roll_call_lists/roll_call_vot...