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[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.
                                 <all>
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