[Congressional Record Volume 158, Number 129 (Friday, September 21, 2012)]
[Senate]
[Pages S6611-S6612]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
EUROPEAN UNION EMISSIONS TRADING SCHEME PROHIBITION ACT OF 2011
Mr. REID. Mr. President, I ask unanimous consent that the Senate
proceed to the consideration of Calendar No. 484, S. 1956.
The PRESIDING OFFICER. The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 1956) to prohibit operators of civil aircraft of
the United States from participating in the European Union's
emissions trading scheme, and for other purposes.
There being no objection, the Senate proceeded to consider the bill,
which had been reported from the Committee on Commerce, Science, and
Transportation, with an amendment to strike all after the enacting
clause and insert in lieu thereof the following:
S. 1956
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.
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.
Mr. THUNE. Mr. President, I would like to thank my colleague from
Oregon, Mr. Merkley, for working with the Senator from Missouri, Mrs.
McCaskill, and me today to address his concerns with our bipartisan
bill, S. 1956, the European Union Emissions Trading Scheme Prohibition
Act. The amendment, which he has filed for consideration and which is
currently running through the hotline process, reconfirms that the
Secretary of Transportation's responsibility to determine there is a
public interest before taking any action does not end after the first
determination. Instead, it is an ongoing responsibility.
The amendment that Mr. Merkley has filed, and which I support,
clarifies that it is the Secretary's right to reassess the public
interest determination. Additionally, the amendment clarifies that if
the EU ETS is amended, if there is an international agreement on
aviation emissions, or if a Federal public law is enacted that
addresses aviation emissions, that the Secretary will again revisit the
public interest determination.
Again, I would like to thank the Senator from Oregon for working with
me, and I look forward to passage of S. 1956.
Mr. REID. Mr. President, I ask unanimous consent that the committee-
reported amendment be considered, the Cardin and Merkley amendments at
the desk be agreed to, the committee-reported amendment, as amended, be
agreed to, the bill, as amended, be read a third time and passed, the
motion to reconsider be considered made and laid upon the table, and
any statements relating to this bill be printed in the Record.
I would also extend my appreciation to all Senators who have been
involved in this contentious issue--for a while, at least--and
especially Senator Thune, who has helped us work through this and a
number of other things.
The PRESIDING OFFICER. Without objection, it is so ordered.
The amendments were agreed to, as follows:
(Purpose: To prohibit the use of taxpayer dollars to pay taxes and
penalties imposed on United States air carriers pursuant to the
European Union emissions trading scheme)
Beginning on page 5, strike line 14 and all that follows
through page 6, line 2, and insert the following:
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.
____
(Purpose: To provide for the reassessment by the Secretary of
Transportation of a determination that it is in the public interest to
prohibit operators of civil aircraft of the United States from
participating in the European Union's emissions trading scheme)
On page 5, between lines 13 and 14, insert the following:
(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 States to
address aircraft emissions.
The committee-reported amendment in the nature of a substitute, as
amended, was agreed to.
[[Page S6612]]
The bill (S. 1956), as amended, was ordered to be engrossed for a
third reading, was read the third time, and passed, as follows:
S. 1956
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.
Mr. REID. Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The assistant legislative clerk proceeded to call the roll.
Mr. PRYOR. Mr. President, I ask unanimous consent the order for the
quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
____________________