Text: S.1956 — 112th Congress (2011-2012)
11/27/2012 Became Public Law No: 112-200
Enrolled Bill (11/14/2012)
[Congressional Bills 112th Congress]
[From the U.S. Government Printing Office]
[S. 1956 Enrolled Bill (ENR)]
One Hundred Twelfth Congress
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
To prohibit operators of civil aircraft of the United States from
participating in the European Union's emissions trading scheme, and for
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
(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.
(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
(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
(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
(C) enactment of a public law or issuance of a final rule
after formal agency rulemaking, in the United State to address
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
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.