[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