```

[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 1956 Reported in Senate (RS)]

                                                       Calendar No. 484
112th CONGRESS
  2d Session
                                S. 1956

                          [Report No. 112-195]

   To prohibit operators of civil aircraft of the United States from 
participating in the European Union's emissions trading scheme, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            December 7, 2011

Mr. Thune (for himself, Mr. Wicker, Mr. Isakson, Mr. Enzi, Mr. Boozman, 
Mr. Johanns, Mrs. McCaskill, Mr. Rubio, Mr. Blunt, Mrs. Hutchison, Mr. 
    Roberts, Mr. Nelson of Florida, and Mrs. Hagan) introduced the 
 following bill; which was read twice and referred to the Committee on 
                 Commerce, Science, and Transportation

                             August 2, 2012

             Reported by Mr. Rockefeller, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL

 
   To prohibit operators of civil aircraft of the United States from 
participating in the European Union's emissions trading scheme, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``European Union Emissions 
Trading Scheme Prohibition Act of 2011''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (1) The European Union has unilaterally imposed an 
        emissions trading scheme (in this section referred to as the 
        ``ETS'') on non-European Union aircraft flying to and from, as 
        well as within, Europe.</DELETED>
        <DELETED>    (2) United States airlines and other United States 
        aircraft operators will be required under the ETS to pay for 
        European Union emissions allowances for aircraft operations 
        within the United States, over other non-European Union 
        countries, and in international airspace for flights serving 
        the European Union.</DELETED>
        <DELETED>    (3) The European Union's extraterritorial action 
        is inconsistent with long-established international law and 
        practice, including the Chicago Convention of 1944 and the Air 
        Transport Agreement between the United States and the European 
        Union and its member states, and directly infringes on the 
        sovereignty of the United States.</DELETED>
        <DELETED>    (4) The European Union's action undermines ongoing 
        efforts at the International Civil Aviation Organization to 
        develop a unified, worldwide approach to reducing aircraft 
        greenhouse gas emissions and has generated unnecessary friction 
        within the international civil aviation community as it 
        endeavors to reduce such emissions.</DELETED>
        <DELETED>    (5) The European Union and its member states 
        should instead work with other contracting states of the 
        International Civil Aviation Organization to develop such an 
        approach.</DELETED>
        <DELETED>    (6) There is no assurance that ETS revenues will 
        be used for aviation environmental purposes by the European 
        Union member states that will collect them.</DELETED>
        <DELETED>    (7) The United States Government expressed these 
        and other serious objections relating to the ETS to 
        representatives of the European Union and its member states 
        during June 2011, but has not received satisfactory answers to 
        those objections.</DELETED>

<DELETED>SEC. 3. PROHIBITION ON PARTICIPATION IN THE EUROPEAN UNION'S 
              EMISSIONS TRADING SCHEME.</DELETED>

<DELETED>    The Secretary of Transportation shall prohibit an operator 
of a civil aircraft of the United States from participating in any 
emissions trading scheme unilaterally established by the European Union 
in any case in which the Secretary determines the prohibition to be, 
and in a manner that is, in the public interest.</DELETED>

<DELETED>SEC. 4. NEGOTIATIONS.</DELETED>

<DELETED>    The Secretary of Transportation, the Administrator of the 
Federal Aviation Administration, and other appropriate officials of the 
United States Government shall, as appropriate, use their authority to 
conduct international negotiations and take other actions in the public 
interest to ensure that operators of civil aircraft of the United 
States are held harmless from any emissions trading scheme unilaterally 
established by the European Union.</DELETED>

<DELETED>SEC. 5. CIVIL AIRCRAFT OF THE UNITED STATES DEFINED.</DELETED>

<DELETED>    In this Act, the term ``civil aircraft of the United 
States'' has the meaning given that term under section 40102(a) of 
title 49, United States Code.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``European Union Emissions Trading 
Scheme Prohibition Act of 2011''.

SEC. 2. PROHIBITION ON PARTICIPATION IN THE EUROPEAN UNION'S EMISSIONS 
              TRADING SCHEME.

    (a) In General.--The Secretary of Transportation shall prohibit an 
operator of a civil aircraft of the United States from participating in 
the emissions trading scheme unilaterally established by the European 
Union in EU Directive 2003/87/EC of October 13, 2003, as amended, in 
any case in which the Secretary determines the prohibition to be, and 
in a manner that is, in the public interest, taking into account--
            (1) the impacts on U.S. consumers, U.S. carriers, and U.S. 
        operators;
            (2) the impacts on the economic, energy, and environmental 
        security of the United States; and
            (3) the impacts on U.S. foreign relations, including 
        existing international commitments.
    (b) Public Hearing.--After determining that a prohibition under 
this section may be in the public interest, the Secretary must hold a 
public hearing at least 30 days before imposing any prohibition.

SEC. 3. NEGOTIATIONS.

    The Secretary of Transportation, the Administrator of the Federal 
Aviation Administration, and other appropriate officials of the United 
States Government--
            (1) should, as appropriate, use their authority to conduct 
        international negotiations, including using their authority to 
        conduct international negotiations to pursue a worldwide 
        approach to address aircraft emissions; and
            (2) shall, as appropriate, take other actions under 
        existing authorities that are in the public interest necessary 
        to hold operators of civil aircraft of the United States 
        harmless from the emissions trading scheme referred to under 
        section 2.

SEC. 4. DEFINITION OF CIVIL AIRCRAFT OF THE UNITED STATES.

    In this Act, the term ``civil aircraft of the United States'' has 
the meaning given the term under section 40102(a) of title 49, United 
States Code.
                                                       Calendar No. 484

112th CONGRESS

  2d Session

                                S. 1956

                          [Report No. 112-195]

_______________________________________________________________________

                                 A BILL

   To prohibit operators of civil aircraft of the United States from 
participating in the European Union's emissions trading scheme, and for 
                            other purposes.

_______________________________________________________________________

                             August 2, 2012

                       Reported with an amendment
```