I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Employment Protec3 tion Act of 2011’’. 

4 SEC. 2. IMPACTS OF EPA REGULATORY ACTIVITY ON EM5 PLOYMENT AND ECONOMIC ACTIVITY. 

6 (a) ANALYSIS OF IMPACTS OF ACTIONS ON EMPLOY7 MENT AND ECONOMIC ACTIVITY.— 

8 (1) ANALYSIS.—Prior to issuing a regulation, 

9 policy statement, guidance, or other requirement, 

10 implementing any new or substantially altered pro11 gram, or issuing or denying any permit, the Admin12 istrator shall analyze the impact, disaggregated by 

13 State, of such regulation, policy statement, guidance, 

14 requirement, program, or permit on employment lev15 els and economic activity. 

16 (2) ECONOMIC MODELS.— 

17 (A) IN GENERAL.—In carrying out para18 graph (1), the Administrator shall utilize the 

19 best available economic models. 

20 (B) ANNUAL GAO REPORT.—Not later 

21 than December 31st of each year, the Comp22 troller General of the United States shall sub23 mit to Congress a report on the economic mod24 els used by the Administrator to carry out this 

25 subsection. 


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1 (3) AVAILABILITY OF INFORMATION.—With re2 spect to any regulation, policy statement, guidance, 

3 requirement, program, or permit, the Administrator 

4 shall— 

5 (A) post the analysis under paragraph (1) 

6 as a link on the main page of the public Web 

7 site of the Environmental Protection Agency; 

8 and 

9 (B) request that the Governor of any State 

10 experiencing more than a de minimis negative 

11 impact post such analysis in the Capitol of such 

12 State. 

13 (4) CLEAN WATER ACT AND OTHER PERMITS.— 

14 Analysis under paragraph (1) shall include estimated 

15 job losses and decreased economic activity due to the 

16 denial or issuance of permits, including permits 

17 issued under the Federal Water Pollution Control 

18 Act (33 U.S.C. 1251 et seq.). 

19 (b) PUBLIC HEARINGS.— 

20 (1) IN GENERAL.—If the Administrator con21 cludes under subsection (a)(1) that a regulation, pol22 icy statement, guidance, requirement, program, or 

23 permit will have more than a de minimis negative 

24 impact on employment levels or economic activity in 

25 a State, then the Administrator shall hold a public 


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1 hearing in each such State at least 30 days prior 

2 to— 

3 (A) the effective date of the regulation, 

4 policy statement, guidance, requirement, or pro5 gram; or 

6 (B) the denial or issuance of the permit. 

7 (2) TIME, LOCATION, AND SELECTION.—A pub8 lic hearing required by paragraph (1) shall be held 

9 at a convenient time and location for impacted resi10 dents. In selecting a location for such a public hear11 ing, the Administrator shall give priority to locations 

12 in the State that will experience the greatest number 

13 of job losses. 

14 (3) CITIZEN SUITS.— 

15 (A) IN GENERAL.—If a public hearing is 

16 required by paragraph (1) with respect to any 

17 State, and the Administrator fails to hold such 

18 a public hearing in accordance with paragraphs 

19 (1) and (2), any resident of such State may 

20 bring an action in any United States district 

21 court in such State to compel compliance with 

22 such paragraphs. 

23 (B) RELIEF.—If a party prevails in an ac24 tion against the Administrator under subpara25 graph (A), then the district court— 


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1 (i) shall enjoin the regulation, policy 

2 statement, guidance, requirement, pro3 gram, or permit that is the subject of the 

4 action; and 

5 (ii) may award reasonable attorneys 

6 fees and costs. 

7 (C) APPEAL.—Upon appeal of an injunc8 tion issued under subparagraph (B), the court 

9 of appeals— 

10 (i) shall require the submission of 

11 briefs not later than 30 days after the fil12 ing of such appeal; 

13 (ii) may not stay the injunction prior 

14 to hearing oral arguments; and 

15 (iii) shall make its final decision not 

16 later than 90 days after the filing of such 

17 appeal. 

18 (c) NOTIFICATION.—If the Administrator concludes 

19 under subsection (a)(1) that a regulation, policy state20 ment, guidance, requirement, program, or permit will have 

21 more than a de minimis negative impact on employment 

22 levels or economic activity in any State, then the Adminis23 trator shall give notice of such impact to the State’s Con24 gressional delegation, Governor, and Legislature at least 

25 45 days prior to— 


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1 (1) the effective date of the regulation, policy 

2 statement, guidance, requirement, or program; or 

3 (2) the denial or issuance of the permit. 

4 (d) DEFINITIONS.—In this section: 

5 (1) ADMINISTRATOR.—The term ‘‘Adminis6 trator’’ means the Administrator of the Environ7 mental Protection Agency. 

8 (2) DE MINIMIS NEGATIVE IMPACT.—The term 

9 ‘‘de minimis negative impact’’ means the following: 

10 (A) With respect to employment levels, a 

11 loss of more than 100 jobs. Any offsetting job 

12 gains that result from the hypothetical creation 

13 of new jobs through new technologies or govern14 ment employment may not be used in the job 

15 loss calculation. 

16 (B) With respect to economic activity, a 

17 decrease in economic activity of more than 

18 $1,000,000 over any calendar year. Any offset19 ting economic activity that results from the hy20 pothetical creation of new economic activity 

21 through new technologies or government em22 ployment may not be used in the economic ac23 tivity calculation. 

Æ 


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