European Union Emissions Trading Scheme Prohibition Act of 2011 Public Law 112–200 European Union Emissions Trading Scheme Prohibition Act of 2011 200 112–200 Statute Compilation United States House of Representatives Office of the Legislative Counsel text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. GPO Statute Compilations USLM converter, version 20210527.1 2021-10-15 European Union Emissions Trading Scheme Prohibition Act of 2011 10048 112 2012-11-27 European Union Emissions Trading Scheme Prohibition Act of 2011 [(Public Law 112–200)] [This law has not been amended] [Currency: This publication is a compilation of the text of Public Law 112-200. It was last amended by the public law listed in the As Amended Through note above and below at the bottom of each page of the pdf version and reflects current law through the date of the enactment of the public law listed at https://www.govinfo.gov/app/collection/comps/] [Note: While this publication does not represent an official version of any Federal statute, substantial efforts have been made to ensure the accuracy of its contents. The official version of Federal law is found in the United States Statutes at Large and in the United States Code. The legal effect to be given to the Statutes at Large and the United States Code is established by statute (1 U.S.C. 112, 204).]
AN ACTTo 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,
SECTION 1. SHORT TITLE. This Act may be cited as the “European Union Emissions Trading Scheme Prohibition Act of 2011”.
SEC. 2. [49 U.S.C. 40101 note] 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. [49 U.S.C. 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. [49 U.S.C. 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.