S. 1956 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

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, 

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. 

(c) REASSESSMENT OF DETERMINATION OF PUBLIC INTEREST.— 

The Secretary— 

(1) may reassess a determination under subsection (a) that 

a prohibition under that subsection is in the public interest 

at any time after making such a determination; and 

(2) shall reassess such a determination after— 

(A) any amendment by the European Union to the 

EU Directive referred to in subsection (a); or 

(B) the adoption of any international agreement pursuant to section 3(1). 

(C) enactment of a public law or issuance of a final 

rule after formal agency rulemaking, in the United State 

to address aircraft emissions. 
S. 1956—2 

SEC. 3. NEGOTIATIONS. 

(a) IN GENERAL.—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, including the environmental impact of aircraft emissions; and 

(2) shall, as appropriate and except as provided in subsection (b), 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. 

(b) EXCLUSION OF PAYMENT OF TAXES AND PENALTIES.—Actions 

taken under subsection (a)(2) may not include the obligation or 

expenditure of any amounts in the Airport and Airway Trust Fund 

established under section 9905 of the Internal Revenue Code of 

1986, or amounts otherwise made available to the Department 

of Transportation or any other Federal agency pursuant to appropriations Acts, for the payment of any tax or penalty imposed 

on an operator of civil aircraft of the United States pursuant to 

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. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.