Text: S.1956 — 112th Congress (2011-2012)All Information (Except Text)
Public Law No: 112-200 (11/27/2012)
[112th Congress Public Law 200]
[From the U.S. Government Printing Office]
[[Page 126 STAT. 1477]]
Public Law 112-200
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
(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.
(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
(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 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
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
CONGRESSIONAL RECORD, Vol. 158 (2012):
Sept. 21, considered and passed Senate.
Nov. 13, considered and passed House.