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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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†S 1956 ES

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘European Union Emis3 sions Trading Scheme Prohibition Act of 2011’’. 

4 SEC. 2. PROHIBITION ON PARTICIPATION IN THE EURO5 PEAN UNION’S EMISSIONS TRADING SCHEME. 

6 (a) IN GENERAL.—The Secretary of Transportation 

7 shall prohibit an operator of a civil aircraft of the United 

8 States from participating in the emissions trading scheme 

9 unilaterally established by the European Union in EU Di10 rective 2003/87/EC of October 13, 2003, as amended, in 

11 any case in which the Secretary determines the prohibition 

12 to be, and in a manner that is, in the public interest, tak13 ing into account— 

14 (1) the impacts on U.S. consumers, U.S. car15 riers, and U.S. operators; 

16 (2) the impacts on the economic, energy, and 

17 environmental security of the United States; and 

18 (3) the impacts on U.S. foreign relations, in19 cluding existing international commitments. 

20 (b) PUBLIC HEARING.—After determining that a 

21 prohibition under this section may be in the public inter22 est, the Secretary must hold a public hearing at least 30 

23 days before imposing any prohibition. 

24 (c) REASSESSMENT OF DETERMINATION OF PUBLIC

25 INTEREST.—The Secretary— 
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†S 1956 ES

1 (1) may reassess a determination under sub2 section (a) that a prohibition under that subsection 

3 is in the public interest at any time after making 

4 such a determination; and 

5 (2) shall reassess such a determination after— 

6 (A) any amendment by the European 

7 Union to the EU Directive referred to in sub8 section (a); or 

9 (B) the adoption of any international 

10 agreement pursuant to section 3(1). 

11 (C) enactment of a public law or issuance 

12 of a final rule after formal agency rulemaking, 

13 in the United State to address aircraft emis14 sions. 

15 SEC. 3. NEGOTIATIONS. 

16 (a) IN GENERAL.—The Secretary of Transportation, 

17 the Administrator of the Federal Aviation Administration, 

18 and other appropriate officials of the United States Gov19 ernment— 

20 (1) should, as appropriate, use their authority 

21 to conduct international negotiations, including 

22 using their authority to conduct international nego23 tiations to pursue a worldwide approach to address 

24 aircraft emissions, including the environmental im25 pact of aircraft emissions; and 
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†S 1956 ES

1 (2) shall, as appropriate and except as provided 

2 in subsection (b), take other actions under existing 

3 authorities that are in the public interest necessary 

4 to hold operators of civil aircraft of the United 

5 States harmless from the emissions trading scheme 

6 referred to under section 2. 

7 (b) EXCLUSION OF PAYMENT OF TAXES AND PEN8 ALTIES.—Actions taken under subsection (a)(2) may not 

9 include the obligation or expenditure of any amounts in 

10 the Airport and Airway Trust Fund established under sec11 tion 9905 of the Internal Revenue Code of 1986, or 

12 amounts otherwise made available to the Department of 

13 Transportation or any other Federal agency pursuant to 

14 appropriations Acts, for the payment of any tax or penalty 

15 imposed on an operator of civil aircraft of the United 

16 States pursuant to the emissions trading scheme referred 

17 to under section 2. 
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1 SEC. 4. DEFINITION OF CIVIL AIRCRAFT OF THE UNITED 

2 STATES. 

3 In this Act, the term ‘‘civil aircraft of the United 

4 States’’ has the meaning given the term under section 

5 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 

purposes. Union’s emissions trading scheme, and for other States from participating in the European