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

112th CONGRESS
  2d Session
                                S. 1956

_______________________________________________________________________

                                 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.

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.

            Passed the Senate September 22 (legislative day, September 
      21), 2012.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                                S. 1956

_______________________________________________________________________

                                 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.
```