[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2916 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 2916
To require congressional review of certain rules promulgated by the
Environmental Protection Agency.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 1, 2013
Mr. Shuster (for himself, Mr. Terry, Mrs. Capito, Mr. Murphy of
Pennsylvania, Mr. Rothfus, Mr. Stivers, Mr. Rogers of Kentucky, Mr.
Latta, Mr. Dent, Mr. Rokita, Mr. Bucshon, Mrs. Blackburn, Mr. Radel,
Mr. Barletta, Mr. Marino, Mr. Gerlach, Mr. Young of Alaska, Mr. Johnson
of Ohio, Mr. Hunter, Mr. Issa, Mr. Rahall, Mr. Mullin, Mr. McKinley,
Mr. Turner, Mr. Amodei, Mr. Perry, Mr. Tiberi, Mr. Joyce, Mr. Cuellar,
Mr. Denham, Mr. Nunes, Mr. Reed, Mr. Whitfield, Mr. Simpson, and Mr.
Mica) introduced the following bill; which was referred to the
Committee on Energy and Commerce, and in addition to the Committees on
the Judiciary and Rules, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To require congressional review of certain rules promulgated by the
Environmental Protection Agency.
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 ``Domestic Energy Production
Protection Act of 2013''.
SEC. 2. REQUIREMENT FOR CONGRESSIONAL REVIEW OF CERTAIN ENVIRONMENTAL
PROTECTION AGENCY RULES.
(a) In General.--Before a final rule or guidance is issued by the
Environmental Protection Agency under the Clean Air Act (42 U.S.C. 7401
et seq.) that may reduce the level of energy output in a specified
sector may take effect, the Administrator of the Environmental
Protection Agency shall submit a copy of the proposed rule or guidance
to the Office of Information and Regulatory Affairs (in this Act
referred to as ``OIRA'') for analysis.
(b) OIRA Analysis.--Not later than 90 days after receiving the
proposed rule or guidance from the Administrator of the Environmental
Protection Agency, the Administrator of OIRA shall conduct an analysis
to determine if such rule or guidance, individually or when combined
with another final rule or guidance issued by the Environmental
Protection Agency, will reduce the level of energy output in a
specified sector below the level of the prior calendar year. Such
analysis shall include the potential impact of the rule or guidance on
energy output in a specified sector and any potential job losses over a
period of 10 years.
SEC. 3. PROCESS FOR APPROVAL OF CONGRESS.
(a) Report to Congress From OIRA.--If the Administrator of OIRA
determines that a proposed rule or guidance reduces the level of energy
output under section 2(b), the Administrator shall, not later than 90
days after making the determination, submit a report to Congress that
includes--
(1) a copy of the rule or guidance;
(2) the proposed effective date of the rule or guidance;
and
(3) the analysis conducted under section 2(b).
(b) Congressional Action.--No rule or guidance that is the subject
of a report submitted pursuant to subsection (a) shall take effect
unless Congress enacts a joint resolution approving such rule or
guidance.
(c) Joint Resolution Defined.--For purposes of this section, the
term ``joint resolution'' means only a joint resolution addressing a
rule or guidance that is the subject of a report submitted pursuant to
subsection (a) that--
(1) bears no preamble;
(2) bears the following title: ``Approving the ____
submitted in the report from the Office of Information and
Regulatory Affairs on ____ relating to ____'' with--
(A) the first blank filled with ``rule'' or
``guidance'';
(B) the second blank filled with the date of the
report submitted pursuant to subsection (a); and
(C) the third blank filled as appropriate;
(3) includes after its resolving clause only the following:
``That Congress approves the ____ submitted in the report from
the Office of Information and Regulatory Affairs on ____
relating to ____'', with--
(A) the first blank filled with ``rule'' or
``guidance'';
(B) the second blank filled with the date of the
report submitted pursuant to subsection (a); and
(C) the third blank filled as appropriate; and
(4) is introduced pursuant to subsection (d).
(d) Introduction.--After a House of Congress receives a report
submitted pursuant to subsection (a), the majority leader of that House
(or his or her respective designee) shall introduce (by request, if
appropriate) a joint resolution described in subsection (c) within 3
session days or legislative days, as applicable.
(e) Rules of the Senate and House of Representatives.--This section
is enacted by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such is
deemed to be part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House in the case of a joint resolution described in
subsection (c) and superseding other rules only where
explicitly so; and
(2) with full recognition of the Constitutional right of
either House to change the rules (so far as they relate to the
procedure of that House) at any time, in the same manner and to
the same extent as in the case of any other rule of that House.
SEC. 4. APPLICABILITY TO EXISTING LAW.
Chapter 8 of title 5, United States Code, is amended by adding at
the end the following new section:
``Sec. 809. Exemption for certain Clean Air Act rules.
``Nothing in this chapter shall apply to rules promulgated by the
Environmental Protection Agency pursuant to the Domestic Energy
Production Act of 2013, unless such rule is not subject to the process
described in section 3 of such Act.''.
SEC. 5. DEFINITIONS.
In this Act:
(1) Rule.--The term ``rule'' has the meaning given to such
term in section 551 of title 5, United States Code.
(2) Energy output.--The term ``energy output'' means the
level of production for a year, measured in quadrillion Btu, as
calculated and included in table A1 of the document entitled
``Annual Energy Outlook 2013: With Projections to 2040'',
published by the United States Energy Information
Administration in April 2013.
(3) Specified sector.--The term ``specified sector'' means
one of the nine sectors of energy production listed in table A1
of the document entitled ``Annual Energy Outlook 2013: With
Projections to 2040'', published by the United States Energy
Information Administration in April 2013.
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