126 STAT. 1477 PUBLIC LAW 112–200—NOV. 27, 2012
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.
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) I NGENERAL .—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) P
UBLIC 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) R
EASSESSMENT 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 pursu-
ant 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. Deadline. Determination. 49 USC 40101
note. European Union
Emissions Trading Scheme Prohibition Act of 2011. 49 USC 40101 note. Nov. 27, 2012
[S. 1956]
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LEGISLATIVE HISTORY—S. 1956 (H.R. 2594):
HOUSE REPORTS: No. 112–232, Pt. 1 (Comm. on Transportation and Infrastruc-
ture) accompanying H.R. 2594.
SENATE REPORTS: No. 112–195 (Comm. on Commerce, Science, and Transpor-
tation).
CONGRESSIONAL RECORD, Vol. 158 (2012):
Sept. 21, considered and passed Senate. Nov. 13, considered and passed House. SEC. 3. NEGOTIATIONS.
(a) I NGENERAL .—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 environ-mental impact of aircraft emissions; and
(2) shall, as appropriate and except as provided in sub-
section (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) E
XCLUSION 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 appro-priations 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.
Approved November 27, 2012. 49 USC 40101
note. 49 USC 40101
note.
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Brief
The European Union Emissions Trading Scheme Prohibition Act of 2011 prohibits operators of civil aircraft of the United States from participating in the EU's emissions trading scheme, citing impacts on U.S. consumers, carriers, and foreign relations. The Secretary of Transportation must hold a public hearing before imposing any prohibition, and may reassess such determinations after amendments to the EU Directive or international agreements are adopted.
Highlights content goes here...
Purpose
The European Union Emissions Trading Scheme Prohibition Act of 2011 aims to prohibit operators of civil aircraft of the United States from participating in the emissions trading scheme established by the European Union. The primary objective of this legislation is to protect U.S. consumers, carriers, and operators from potential economic and environmental impacts resulting from participation in the EU’s emissions trading scheme.
Key Provisions
- Prohibition on Participation: The Act prohibits an operator of a civil aircraft of the United States from participating in the European Union’s emissions trading scheme unless determined by the Secretary of Transportation to be in the public interest.
- Public Hearing Requirement: Before imposing any prohibition, the Secretary must hold a public hearing at least 30 days prior to making such a determination.
- Reassessment of Determination: The Secretary may reassess a determination that a prohibition is in the public interest at any time after making such a determination and shall reassess it after certain events occur, including amendment by the European Union or adoption of an international agreement.
- Exclusion from 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.
Industry Impact
- Impact on U.S. Consumers: The Act aims to protect U.S. consumers from potential price increases resulting from participation in the EU’s emissions trading scheme.
- Impact on U.S. Carriers and Operators: The legislation seeks to safeguard the economic interests of U.S. carriers and operators by prohibiting them from participating in the EU’s emissions trading scheme unless determined to be in the public interest.
- Impact on Economic, Energy, and Environmental Security: The Act aims to protect the economic, energy, and environmental security of the United States by preventing participation in the EU’s emissions trading scheme that may have adverse effects.
Updates/Amendments
- Legislative History: The European Union Emissions Trading Scheme Prohibition Act of 2011 was introduced as H.R. 2594 and passed both the House and Senate before being signed into law by the President on November 27, 2012.
- Congressional Record: The legislation was considered in both the House and Senate, with the House passing it on November 13, 2012, and the Senate passing it on September 21, 2012.
- House Report: No. 112–232 (Comm. on Transportation and Infrastructure) accompanies H.R. 2594, which includes a detailed explanation of the legislation’s provisions and impact.
- Senate Report: No. 112–195 (Comm. on Commerce, Science, and Transportation) provides additional information about the legislation’s history and purpose.
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