[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1872 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1872

To require the Administrator of the Environmental Protection Agency to 
consider the impact on employment levels and economic activity prior to 
issuing a regulation, policy statement, guidance, or other requirement, 
 implementing any new or substantially altered program, or issuing or 
              denying any permit, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 12, 2011

 Mrs. Capito introduced the following bill; which was referred to the 
Committee on Energy and Commerce, and in addition to the Committees on 
 Transportation and Infrastructure and Agriculture, 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 the Administrator of the Environmental Protection Agency to 
consider the impact on employment levels and economic activity prior to 
issuing a regulation, policy statement, guidance, or other requirement, 
 implementing any new or substantially altered program, or issuing or 
              denying any permit, 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 ``Employment Protection Act of 2011''.

SEC. 2. IMPACTS OF EPA REGULATORY ACTIVITY ON EMPLOYMENT AND ECONOMIC 
              ACTIVITY.

    (a) Analysis of Impacts of Actions on Employment and Economic 
Activity.--
            (1) Analysis.--Prior to issuing a regulation, policy 
        statement, guidance, or other requirement, implementing any new 
        or substantially altered program, or issuing or denying any 
        permit, the Administrator shall analyze the impact, 
        disaggregated by State, of such regulation, policy statement, 
        guidance, requirement, program, or permit on employment levels 
        and economic activity.
            (2) Economic models.--
                    (A) In general.--In carrying out paragraph (1), the 
                Administrator shall utilize the best available economic 
                models.
                    (B) Annual gao report.--Not later than December 
                31st of each year, the Comptroller General of the 
                United States shall submit to Congress a report on the 
                economic models used by the Administrator to carry out 
                this subsection.
            (3) Availability of information.--With respect to any 
        regulation, policy statement, guidance, requirement, program, 
        or permit, the Administrator shall--
                    (A) post the analysis under paragraph (1) as a link 
                on the main page of the public Web site of the 
                Environmental Protection Agency; and
                    (B) request that the Governor of any State 
                experiencing more than a de minimis negative impact 
                post such analysis in the Capitol of such State.
            (4) Clean water act and other permits.--Analysis under 
        paragraph (1) shall include estimated job losses and decreased 
        economic activity due to the denial or issuance of permits, 
        including permits issued under the Federal Water Pollution 
        Control Act (33 U.S.C. 1251 et seq.).
    (b) Public Hearings.--
            (1) In general.--If the Administrator concludes under 
        subsection (a)(1) that a regulation, policy statement, 
        guidance, requirement, program, or permit will have more than a 
        de minimis negative impact on employment levels or economic 
        activity in a State, then the Administrator shall hold a public 
        hearing in each such State at least 30 days prior to--
                    (A) the effective date of the regulation, policy 
                statement, guidance, requirement, or program; or
                    (B) the denial or issuance of the permit.
            (2) Time, location, and selection.--A public hearing 
        required by paragraph (1) shall be held at a convenient time 
        and location for impacted residents. In selecting a location 
        for such a public hearing, the Administrator shall give 
        priority to locations in the State that will experience the 
        greatest number of job losses.
            (3) Citizen suits.--
                    (A) In general.--If a public hearing is required by 
                paragraph (1) with respect to any State, and the 
                Administrator fails to hold such a public hearing in 
                accordance with paragraphs (1) and (2), any resident of 
                such State may bring an action in any United States 
                district court in such State to compel compliance with 
                such paragraphs.
                    (B) Relief.--If a party prevails in an action 
                against the Administrator under subparagraph (A), then 
                the district court--
                            (i) shall enjoin the regulation, policy 
                        statement, guidance, requirement, program, or 
                        permit that is the subject of the action; and
                            (ii) may award reasonable attorneys fees 
                        and costs.
                    (C) Appeal.--Upon appeal of an injunction issued 
                under subparagraph (B), the court of appeals--
                            (i) shall require the submission of briefs 
                        not later than 30 days after the filing of such 
                        appeal;
                            (ii) may not stay the injunction prior to 
                        hearing oral arguments; and
                            (iii) shall make its final decision not 
                        later than 90 days after the filing of such 
                        appeal.
    (c) Notification.--If the Administrator concludes under subsection 
(a)(1) that a regulation, policy statement, guidance, requirement, 
program, or permit will have more than a de minimis negative impact on 
employment levels or economic activity in any State, then the 
Administrator shall give notice of such impact to the State's 
Congressional delegation, Governor, and Legislature at least 45 days 
prior to--
            (1) the effective date of the regulation, policy statement, 
        guidance, requirement, or program; or
            (2) the denial or issuance of the permit.
    (d) Definitions.--In this section:
            (1) Administrator.--The term ``Administrator'' means the 
        Administrator of the Environmental Protection Agency.
            (2) De minimis negative impact.--The term ``de minimis 
        negative impact'' means the following:
                    (A) With respect to employment levels, a loss of 
                more than 100 jobs. Any offsetting job gains that 
                result from the hypothetical creation of new jobs 
                through new technologies or government employment may 
                not be used in the job loss calculation.
                    (B) With respect to economic activity, a decrease 
                in economic activity of more than $1,000,000 over any 
                calendar year. Any offsetting economic activity that 
                results from the hypothetical creation of new economic 
                activity through new technologies or government 
                employment may not be used in the economic activity 
                calculation.
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