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.

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov