European Union Emissions Trading Scheme Prohibition Act of 2011
PL 112-200 (S.1956), enacted 11/27/2012

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) 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 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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126 STAT. 1478 
PUBLIC LAW 112–200—NOV. 27, 2012 
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) 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 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) 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 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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