September 20, 2012 CONGRESSIONAL RECORD — SENATE S6527 

USTR is now hard at work on a number of initiatives that continue its legacy of expanding trade for the benefit 

of all Americans, such as the Trans-Pacific Partnership, the Asia-Pacific Economic Cooperation forum, and World 

Trade Organization agreements on topics from services liberalization to customs reform. And USTR remains hard 

at work enforcing our existing trade 

agreements at the WTO and elsewhere, 

to ensure the United States receives 

the full benefit of those agreements. 

So I would like to extend my congratulations to Ambassador Kirk, his 

predecessors, and the entire USTR 

team past and present for reaching the 

50-year milestone. I look forward to another half century of stellar accomplishments, and I can assure you that I 

will do everything I can to help make 

that possible. 

f 

SECOND BIG SKY HONOR FLIGHT 

VISIT TO D.C. 

Mr. BAUCUS. Mr. President, I rise to 

recognize a very important event that 

will be occurring this Sunday and Monday. Eighty-nine World War II veterans 

from Montana will take part in the Big 

Sky Honor Flight and come to Washington, DC, to visit their monument— 

the WWII Memorial. 

Their trip is hosted by the Big Sky 

Honor Flight Program. The mission is 

to recognize American veterans for 

their sacrifices and achievements by 

flying them to Washington, DC, to see 

their memorials at no cost. 

These veterans come from all parts of 

our great State. This is a special weekend for this group of heroes. It is also 

a time to give thanks for the courage 

and sacrifice of all our veterans and 

servicemembers. It is a time to reflect 

on the sacrifices made by those who 

fought on the front in Europe, on the 

battlefields of Korea, in the jungles of 

Vietnam, the deserts of Iraq, and those 

who are currently fighting in the 

mountains of Afghanistan. We must 

not forget their sacrifices. 

I am so pleased I will be able to meet 

with these courageous Montanans. I 

ask the Senate to join me in welcoming 

these heroes to our Nation’s Capital 

this weekend, and I ask unanimous 

consent that their names be printed in 

the RECORD. 

There being no objection, the material was ordered to be printed in the 

RECORD, as follows: 

Lee Alderdice; Milton Lyman Amsden; 

Harry A. Arvidson; Peter N. Bertram; Leonard E. Bestrom; Warren Charles Bodecker; 

Ralph Floyd Brewington; James C. Brook; 

William B. Brown; Jackson L. Burger; 

Filmore B. Canon; John M. Clark; Harold 

Lee Conrad; Hollis E. Coon; Gool Counts; 

Carley Rhein Cromwell; Leo Eckhardt; 

James E. Elander; James Ellison; Charles T. 

Eskro. 

Frank D. Evans; Alvin Oscar Fisher; Samuel W. Frank; Durl J. Gibbs; Raymond P. 

Gregori; Robert Glover Hall; Charles E. 

Halstead; Thomas A. Hanel; Russell LeRoy 

Hartse; James Hasterlik; Milam V. Hearron; 

McDonald W. Held; Lewis W. Holzheimer; 

Bernard E. Ilertson; Earl T. Jackson; Elwin 

M. Johnson; George L. Kimmet; Vincent Leo 

Koefelda; Vernon Lee Koelzer; Frank J. 

Koncilya. 

Andre Rioul Kukay; Willard E. LaCounte; 

Albert R. Lasater; Harold J. Lasater; Gorvan 

J. LeDuc; Oscar L. Lee; Norman D. Leonard; 

Joseph Biggs Litle; Max E. Long; Robert W. 

Lubbers; Leonard John Mager; James J. 

Marshall; William R. Matthew; Paul Messer; 

Elizabeth S. Meyer; Geraldine E. Mihalic; 

Gerald K. Nelson; John H. O’Bannon; Clarence A. Olson; Eddie C. Olson. 

Ray A. Olson; Thomas F. Patterson; Roy 

Louis Peters; John W. Porter; Carl Redding; 

Michael G. Rhodes; Robert V. Ryan; Charles 

F. Sandford; Dave Schledewitz; Laurence N. 

Shipp; William James Sivelle; Anthony W. 

Skorupa; Charles E. Smith; Donald E. Smith; 

Kenneth C. Smith; Robert M. Standefer; 

John R. Stevenson; Frank Phillip Thatcher; 

Clifford V. Thomsen; Robert E. Torgrimson; 

Ronald W. Torstenson; James Arthur Vick; 

Albert Wade; James Forest Walker; Bernard 

Edgar Wanderaas; Joseph A. Weber; Allen L. 

Whittington; Bryce Wood Williams; Andrew 

R. Winter. 

f 

MODIFICATIONS TO S. 1956 

Mr. CARDIN. Mr. President, would 

the Senator from South Dakota enter 

into a colloquy to discuss concerns I 

have with his bill S. 1956 and a suggested amendment I have filed for consideration, which is currently running 

through the hotline process? 

First of all I want to thank my colleagues for their willingness to work 

with me to address some of the concerns I have with this bill as it was reported out of the Commerce Committee. 

While I have some ongoing reservations about the precedent and potential 

impacts this bill could have on our relations with our closest European allies, I am willing to allow legislation 

to move forward if I may get consent 

to have my amendment agreed to. 

I would like to discuss my amendment and the process which the legislation prescribes the Secretary of Transportation to follow in determining 

whether to prohibit U.S. airlines from 

participating in the European Union’s 

carbon emissions trading scheme. 

The second paragraph of subsection 

(a), section 3 of the legislation contains 

a provision that is designed to ‘‘hold 

harmless’’ U.S. airlines from the fees, 

taxes or fines that they incur from the 

EU under the emissions trading 

scheme. 

While the Secretary of Transportation has discretion as to how he will 

act to ‘‘hold harmless’’ our air carriers, 

it is understood that these actions 

could possibly require some form of 

payment by the Federal Government. 

One of my greatest concerns with the 

bill, which I believe the sponsors of the 

bill share with me, and I appreciate 

their interest in working with me to 

address this issue, is that any payments that may result from this provision not come at the expense of the 

American taxpayer. 

I would like to ask the Senator this 

question: is it correct that it is not his 

intent that any costs or remunerations 

triggered by this legislation come at 

the expense of U.S. taxpayer dollars? 

Mr. THUNE. That is correct, it has 

always been my intent, and it is shared 

by the Congressional Budget Office, 

and the Secretary of Transportation, 

who will have the primary responsibility of implementing this legislation. 

According to the CBO, ‘‘enacting S. 

1956 would have no significant impact 

on the federal budget.’’ 

I ask unanimous consent at this time 

to have their entire report printed in 

the RECORD. 

There being no objection, the material was ordered to be printed in the 

RECORD, as follows: 

AUGUST 1, 2012. 

Hon. JOHN D. ROCKEFELLER IV, 

Chairman, Committee on Commerce, Science, 

and Transportation, U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional 

Budget Office has prepared the enclosed cost 

estimate for S. 1956, the European Union 

Emissions Trading Scheme Prohibition Act 

of 2011. 

If you wish further details on this estimate, we will be pleased to provide them. 

The CBO staff contact is Megan Carroll. 

Sincerely, 

DOUGLAS W. ELMENDORF. 

Enclosure. 

S. 1956—European Union Emissions Trading 

Scheme Prohibition Act of 2011 

The European Union (EU) has established 

the European Union Emissions Trading 

Scheme (ETS), a regulatory framework related to greenhouse gas emissions. Currently, the ETS covers emissions from air 

carriers that operate flights within, to, and 

from EU member states. Negotiations between the U.S. government and the EU about 

the applicability of the ETS to U.S. air carriers are ongoing, and the potential outcome 

of those negotiations is unclear. 

S. 1956 would direct the Secretary of 

Transportation to prohibit U.S. air carriers 

from participating in the ETS if the Secretary believes such a prohibition to be in 

the public interest. The bill would direct federal agencies to continue negotiations in 

pursuit of a worldwide approach to addressing aviation-related emissions and would authorize the Secretary to use existing authorities to ensure that U.S. air carriers are 

held harmless for any costs they incur if 

they participate in the ETS. 

CBO estimates that enacting S. 1956 would 

have no significant impact on the federal 

budget. We expect that the bill would not 

alter the scope of diplomatic efforts currently underway or federal agencies’ costs to 

participate in those efforts, which are subject to appropriation. The bill would not affect direct spending or revenues; therefore, 

pay-as-you-go procedures do not apply. 

S. 1956 contains no intergovernmental 

mandates as defined in the Unfunded Mandates Reform Act (UMRA) and would not affect the budgets of state, local, or tribal governments. 

S. 1956 would impose a private-sector mandate, as defined in UMRA, if U.S. air carriers 

would be prohibited from participating in 

the ETS. The cost of the mandate would depend on how the prohibition is administered 

by the Department of Transportation. Because information about how the prohibition 

would be implemented is not available, CBO 

has no basis for estimating the cost, if any, 

to U.S. air carriers. Consequently, CBO cannot determine whether the cost of the mandate would exceed the annual threshold established in UMRA for private-sector mandates ($146 million in 2012, adjusted annually 

for inflation). 


tjames on DSK7SPTVN1PROD with SENATE
S6528 CONGRESSIONAL RECORD — SENATE September 20, 2012 

On September 23, 2011, CBO transmitted a 

cost estimate for H.R. 2594, the European 

Union Emissions Trading Scheme Prohibition Act of 2011, as ordered reported by the 

House Committee on Transportation and Infrastructure on September 23, 2011. The two 

bills are similar, and the CBO cost estimates 

are the same. 

The CBO staff contacts for this estimate 

are Megan Carroll (for federal costs) and 

Amy Petz (for the impact on the private sector). The estimate was approved by Theresa 

Gullo, Deputy Assistant Director for Budget 

Analysis. 

Mr. THUNE. Additionally, at a recent Commerce Committee hearing on 

my bill, Secretary LaHood was asked if 

any possible action of implementation 

could ‘‘include the U.S. government 

paying EU authorities directly or compensating the operators for any fines 

incurred for non-compliance with EU 

ETS.’’ 

He responded, ‘‘We have absolutely 

no intention of asking the U.S. taxpayer to pay any ETS fines incurred 

for non-compliance with EU ETS, directly or indirectly.’’ 

I appreciate Senator CARDIN and LAUTENBERG for coming forward and working with me to clarify this point, and I 

thank them both for releasing their 

hold. 

I am happy that we have been able to 

come to a bipartisan agreement on my 

bill and look forward to final passage 

today in the Senate and hopefully soon 

by the House of Representatives so we 

can send a clear message to the EU 

that ETS is arbitrary, unfair, and a 

clear violation of international law. 

Mr. CARDIN. I appreciate the Sentor 

clarifying his intent, and I am glad he 

shares my concern. 

I believe my amendment helps make 

the intent of the legislation clear. 

My amendment adds a third paragraph to subsection (a) of section 3 of 

the bill. 

The amendment will explicitly exclude any appropriated funds or user 

fee receipts to be expended on actions 

taken under the hold harmless clause. 

This amendment will ensure that any 

taxpayer dollars, either through appropriations or through user fee receipts, 

are expressly prohibited from supporting actions resulting from the held 

harmless clause of the bill. 

Would my colleague agree that my 

amendment assures that no U.S. taxpayer dollars will be expended on any 

held harmless actions that may result 

from this bill? 

Mr. THUNE. Yes. 

Mr. CARDIN. I thank the Senator for 

his cooperation with me on this important fiscal matter. 

I want to make it clear to my colleagues, as this bill progresses forward 

or is reconciled with a less thoughtful 

House proposal, I do want my colleagues to understand that should the 

Senate have to reconsider a different 

proposal in a conference report that I 

intend to reserve my right to object. 

I also want my colleagues to understand that I feel that the United States 

and countries around the globe must 

take actions to address the threat carbon emissions pose to the global environment. 

I think there are some legitimate 

concerns with the way the EU has proposed to take unilateral actions to reduce carbon emissions from the aviation sector. 

I don’t fault the EU for their leadership in the face of what has thus far 

been nearly 15 years of failed multinational negotiations on how we as cooperating nations should be reducing 

or mitigating aviation carbon emissions. 

I would like for the United States to 

take greater action to address this 

problem, and in many respects I think 

it is unfortunate that the United 

States has not demonstrated the same 

kind of leadership that the nations of 

Europe have taken on this issue. 

f 

HUMANITARIAN CATASTROPHE IN 

SUDAN 

Mr. BOOZMAN. Mr. President, I rise 

today to highlight the following letter 

written by over 60 genocide scholars, 

including Dr. Samuel Totten of the 

University of Arkansas. Their letter 

urges the Obama administration to do 

more to end the humanitarian catastrophe occurring in South Kordofan 

and Blue Nile States of Sudan. 

Last summer I joined a group of bipartisan Senators in making a similar 

request of the administration. Unfortunately, humanitarian aid to South 

Kordofan and Blue Nile continues to be 

severely limited and the violence has 

not ceased. 

I applaud the authors of this letter 

for their continued advocacy to ensure 

that another genocide does not occur 

in Sudan, and I ask unanimous consent 

that it be printed in the RECORD. 

There being no objection, the material was ordered to be printed in the 

RECORD, as follows: 

AUGUST 31, 2012. 

To: President Barack Obama; Secretary of 

State Hillary Clinton; Ambassador to the 

United Nations Susan Rice; Special Assistant to the President Samantha 

Power. 

From: The Undersigned Genocide Scholars 

Subject: Humanitarian Catastrophe in South 

Kordofan and Blue Nile States of Sudan 

DEAR PRESIDENT OBAMA, SECRETARY OF

STATE CLINTON, AMBASSADOR RICE AND SPECIAL ASSISTANT POWER: On June 6, 2011, the 

Sudanese regime, led by indicted war criminal Omar al-Bashir, unleashed a wave of targeted ethnic killings against the people of 

the Nuba Mountains in South Kordofan 

state, Sudan. Since then this state-sponsored 

violence has spread to engulf much of South 

Kordofan and Blue Nile states. 

The continuing multiple atrocities amount 

to at least crimes against humanity. This, in 

and of itself, is alarming. According to the 

tenets of the Responsibility to Protect now 

is the time to protect the targeted population. 

Satellite imagery has revealed mass 

graves, razed communities, and the indiscriminate low altitude aerial bombardment 

of civilian areas in South Kordofan state. 

Reliable eyewitnesses continue to report systematic government shelling and bombing of 

refugee evacuation routes, helicopter 

gunships hunting civilians as they flee their 

homes and farmland to hide in caves, and a 

deliberate and widespread blockage of humanitarian aid into South Kordofan and 

Blue Nile states. Anecdotal evidence of perpetrators screaming racist slurs as civilians 

are killed and raped are familiar to anyone 

who knows what has been happening in 

Darfur since 2003. 

Sufficient evidence exists for us to believe 

the Sudanese regime is attempting to annihilate those whom the government suspects 

of supporting the Sudan People’s Liberation 

Movement-North’s (SPLM-N) aims. Hence 

many local people are automatically targeted regardless of their true political affiliations. 

Hundreds of thousands of Sudanese remain 

trapped in South Kordofan, the victims of 

forced starvation, unable to farm their land. 

This critical situation largely mirrors what 

the same regime perpetrated in the 1990s, a 

case of genocide by attrition. 

Meanwhile in Blue Nile state, a scorched 

earth campaign by government forces has 

forced the SPLM-N to retreat, leaving tens 

of thousands with no protection from the 

perpetrators. 

As genocide scholars we have a solemn responsibility to educate the public about the 

horrors of the past in the hope of creating a 

future free of such crimes. We are the keepers of the chapters of human history that are 

difficult to confront, casting a dark shadow 

on all of humanity. We study the past to find 

ways to prevent such egregious actions in 

the future. We exist to remind the world of 

humanity’s capacity to commit genocide 

anywhere and against any group of people. 

It is because of that responsibility that we 

write to you. We call on you to fulfill your 

responsibilities as global leaders when it 

comes to confronting mankind’s most terrifying of crimes. 

Although we welcome your efforts to aid 

the refugees who have found their way to 

camps in South Sudan, we must point out 

that as world leaders you have the moral authority granted by the UN’s unanimous 2005 

declaration of the Responsibility to Protect 

to demand delivery of aid to those inside 

Sudan. As guarantors of the Comprehensive 

Peace Agreement signed that same year, 

moreover, you have not fulfilled your legal 

and moral obligation to sanction violators of 

that agreement. 

The Sudanese regime continues to slaughter its own civilians, while denying them access to aid and in defiance of various international treaties and conventions it has 

signed, not to mention the Sudanese constitution. 

The Tripartite Agreement signed on 4 August 2012 in Addis Ababa, called upon the 

Government of Sudan to allow humanitarian 

access to all areas of the Nuba Mountains 

and the Blue Nile state dependent on certain 

conditions. Yet the Bashir regime’s track 

record leads us to fear it will interfere with 

aid delivery to those in most need. Seasonal 

inaccessibility also requires extraordinary 

and timely arrangements, such as airdrops. 

Hence we beseech you to take the following 

steps immediately to ensure aid is delivered 

to South Kordofan and Blue Nile. 

Establish a land and air humanitarian corridor through which aid can be delivered 

without interference or hindrance from Sudanese security, military or other forces or 

proxies. 

Secure arrangements with the SPLM-N for 

the airlifting of these supplies directly into 

territory in their control. 

Inform relevant Sudanese officials that, 

due to the urgency of the catastrophe created by their actions, the United States will 

deliver relief directly into the war-affected 

areas underneath SPLM-N control. 


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