I 

113TH CONGRESS 

1ST SESSION H. R. 3140 

To amend the Clean Air Act to prohibit any regulation under such Act 

concerning the emissions of carbon dioxide from a fossil fuel-fired electric 

generating unit from taking effect until the Administrator of the Environmental Protection Agency makes certain certifications, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 19, 2013 

Mrs. CAPITO (for herself, Mrs. LUMMIS, Mr. BARR, Mr. ROGERS of Kentucky, 

Mr. JOHNSON of Ohio, Mr. ROTHFUS, Mr. BUCSHON, Mrs. NOEM, Mr. 

GRIFFITH of Virginia, and Mr. MCKINLEY) introduced the following bill; 

which was referred to the Committee on Energy and Commerce 

A BILL 

To amend the Clean Air Act to prohibit any regulation 

under such Act concerning the emissions of carbon dioxide from a fossil fuel-fired electric generating unit from 

taking effect until the Administrator of the Environmental Protection Agency makes certain certifications, 

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, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensure Reliable and 

5 Affordable American Energy Act of 2013’’. 


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1 SEC. 2. NO UNILATERAL REGULATION OF EMISSIONS OF 

2 CARBON DIOXIDE. 

3 The Clean Air Act (42 U.S.C. 7401 et seq.) is amend4 ed by inserting after section 329 the following: 

5 ‘‘SEC. 330. NO UNILATERAL REGULATION OF EMISSIONS OF 

6 CARBON DIOXIDE FROM FOSSIL FUEL-FIRED 

7 ELECTRIC GENERATING UNITS. 

8 ‘‘(a) PROHIBITION ON REGULATIONS CONCERNING

9 EMISSIONS OF CARBON DIOXIDE FROM FOSSIL FUEL10 FIRED ELECTRIC GENERATING UNITS TAKING EF11 FECT.— 

12 ‘‘(1) PROHIBITION.—A regulation under this 

13 Act concerning emissions of carbon dioxide from a 

14 fossil fuel-fired electric generating unit to address 

15 climate change may not take effect until the Admin16 istrator certifies that a sufficient number of coun17 tries have put into effect regulations concerning 

18 emissions of carbon dioxide which are at least as 

19 stringent as the regulation under this Act. 

20 ‘‘(2) COUNTRIES.—For the purposes of para21 graph (1), the term ‘sufficient number’ means a suf22 ficient number of countries so that, in the aggregate, 

23 such countries account for not less than 80 percent 

24 of the global carbon dioxide emissions, excluding 

25 such emissions in the United States, in the calendar 


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1 year immediately preceding the year in which the 

2 regulation under this Act would be enforced. 

3 ‘‘(3) STRINGENCY CONSIDERATIONS.—For the 

4 purposes of paragraph (1), a country’s regulation 

5 concerning carbon dioxide emissions may only be 

6 considered to be as stringent as the regulation under 

7 this Act if such country’s regulation limits carbon 

8 dioxide emissions to a numeric standard that is 

9 equal to or less than such a standard under the reg10 ulation under this Act in a timeframe that is equal 

11 to or less than the timeframe under the regulation 

12 under this Act. 

13 ‘‘(b) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed as providing the Administrator 

15 with any authority to promulgate any regulation con16 cerning, take action relating to, or take into consideration 

17 the emissions of carbon dioxide.’’. 

Æ 


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