European Union Emissions Trading Scheme Prohibition Act of 2011

(This measure has not been amended since it was passed by the Senate on September 22, 2012. The summary of that version is repeated here.)

European Union Emissions Trading Scheme Prohibition Act of 2011 - Directs the Secretary of Transportation (DOT) to prohibit an operator of a U.S. civil aircraft from participating in any emissions trading scheme unilaterally established by the European Union in EU Directive 2003/87/EC of October 13, 2003, in any case in which the Secretary determines such prohibition to be in the public interest, taking into account the impacts on: (1) U.S. consumers, U.S. carriers, and U.S. operators; (2) the economic, energy, and environmental security of the United States; and (3) U.S. foreign relations, including existing international commitments. Requires the Secretary to hold a public hearing at least 30 days before imposing any such prohibition.

Authorizes the Secretary to reassess such a determination at any time. Requires the Secretary to reassess such a determination after: (1) any amendment by the European Union to such Directive, (2) the adoption of any international agreement concerning a worldwide approach to address aircraft emissions, or (3) the enactment of a public law or issuance of a final rule after formal agency rulemaking in the United States to address aircraft emissions.

Provides that the Secretary, the Administrator of the Federal Aviation Administration (FAA), and other appropriate U.S. government officials should use their authority to conduct international negotiations, including negotiations to pursue a worldwide approach to address aircraft emissions, including the environmental impact of aircraft emissions. Requires such officials to take other actions under existing authorities that are in the public interest and that are necessary to hold operators of U.S. civil aircraft harmless from any such scheme. Prohibits such actions from including the obligation or expenditure of any amounts in the Airport and Airway Trust Fund or amounts otherwise made available to DOT or any other federal agency pursuant to appropriations Acts for the payment of any tax or penalty imposed on an operator of U.S. civil aircraft pursuant to such scheme.

[112th Congress Public Law 200]
[From the U.S. Government Publishing Office]



[[Page 126 STAT. 1477]]

Public Law 112-200
112th Congress

                                 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. <<NOTE: Nov. 27, 2012 -  [S. 1956]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: European Union 
Emissions Trading Scheme Prohibition Act of 2011. 49 USC 40101 note.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``European Union Emissions Trading 
Scheme Prohibition Act of 2011''.
SEC. 2. <<NOTE: 49 USC 40101 note.>>  PROHIBITION ON PARTICIPATION 
                    IN THE EUROPEAN UNION'S EMISSIONS TRADING 
                    SCHEME.

    (a) In General.--The <<NOTE: Determination.>>  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 <<NOTE: Deadline.>>  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.

[[Page 126 STAT. 1478]]

SEC. 3. <<NOTE: 49 USC 40101 note.>>  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. <<NOTE: 49 USC 40101 note.>>  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.

    Approved November 27, 2012.

LEGISLATIVE HISTORY--S. 1956 (H.R. 2594):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 112-232, Pt. 1 (Comm. on Transportation and 
Infrastructure) accompanying H.R. 2594.
SENATE REPORTS: No. 112-195 (Comm. on Commerce, Science, and 
Transportation).
CONGRESSIONAL RECORD, Vol. 158 (2012):
            Sept. 21, considered and passed Senate.
            Nov. 13, considered and passed House.

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