I 112th CONGRESS 1st Session H. R. 2204 IN THE HOUSE OF REPRESENTATIVES June 16, 2011 Mr. Terry (for himself, Mr. Pearce, Mr. Gardner, Mr. Broun of Georgia, Mr. Jones, Mr. Rokita, Mr. Kinzinger of Illinois, Mr. Rooney, Mr. Gerlach, and Mrs. Blackburn) introduced the following bill; which was referred to the Committee on Oversight and Government Reform A BILL To require Federal agencies to assess the impact of Federal action on jobs and job opportunities, and for other purposes.

1.

Short title

This Act may be cited as the Employment Impact Act of 2011.

2.

Purpose

The purposes of this Act are the following: (1)To declare that the impact of Federal regulations on jobs and job prospects in the United States is a significant and relevant consideration to all Federal regulatory policy actions and henceforth should be taken into account by Federal regulators when they decide to take actions under their respective statutory authorities. (2)To express the concern of Congress that Federal regulators consider the cumulative impact of multiple proposed Federal regulations on jobs and jobs prospects in the United States and that the cumulative impact of such regulations should be given all due consideration and weighed in the balance with the other purposes sought to be achieved by such regulatory measures.

3.

Duty to assess the impact of Federal action on jobs and job opportunities

(a)

In general

The Congress authorizes and directs, to the fullest extent possible, that all agencies of the Federal Government shall— (1)utilize a systematic, interdisciplinary approach which shall ensure the integrated use of the relevant fields of research and learning in planning and decisionmaking which may have an impact on jobs and job opportunities; (2)identify and develop methods and procedures, in consultation with the Council on Economic Advisors, Office of the President, which will ensure that presently unquantified impacts on jobs and job opportunities may be given appropriate consideration in decisionmaking along with environmental and other considerations; and (3)include in every recommendation or report on proposals for legislation and other major Federal actions with potentially significant effects on jobs and job opportunities, a jobs impact statement as described in subsection (b). (b)

Jobs impact statement

(1)

Contents

A jobs impact statement required under subsection (a) shall include a detailed statement by the responsible official on— (A)the impact of the proposed action on jobs and job opportunities, including an assessment of the jobs that would be lost, gained, or sent overseas as a result of the proposed action; (B)any adverse effect on jobs and job opportunities which could not be avoided should the proposal be implemented; (C)alternatives and modifications to the proposed action that could avoid negative impacts on jobs and job opportunities; and (D)the relationship between any local short-term impacts on jobs and job opportunities and the maintenance and enhancements of long-term productivity and environmental values. (2)

Consultation with relevant Federal agencies

Prior to preparing a jobs impact statement, the responsible Federal official shall consult with and obtain the comments of any Federal agency which has jurisdiction by law or special expertise with respect to any jobs or job opportunities impacts involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies that are authorized to develop and enforce policies and programs relevant to jobs and job opportunities, shall be made available to the Council of Economic Advisors and to the public as provided by section 552 of title 5, United States Code, and shall accompany the proposal through the existing agency review process. (3)

Cumulative impact of proposed actions

In determining the impact of a proposed action on jobs and job opportunities, the responsible Federal official shall take into account the cumulative impact on jobs and job opportunities of concurrently pending proposals affecting a particular industry or sector of the economy, and shall not make a finding of no significant impact solely on the basis of examining the impacts of a single proposal in isolation from other pending proposals. (4)

Combining environmental and job impact statements

A jobs impact statement required under this Act may be combined with a detailed statement of environmental impacts required to be prepared under the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), if both statements are required with respect to the same proposed action.

4.

Conformity of administrative procedures

All agencies of the Federal Government shall review their present statutory authority, administrative regulations, and current policies and procedures for the purpose of determining whether there are any deficiencies or inconsistencies therein which prohibit full compliance with the purposes and provisions of this Act, and shall propose to the President not later than one year after enactment of this Act, such measures as may be necessary to bring their authority and policies into conformity with the intent, purposes, and procedures set forth in this Act.

5.

No judicial review of jobs impact statements

Implementation of this Act, including a jobs impact statement prepared in accordance with this Act, shall not be subject to judicial review.