I 

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. 

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 ‘‘Domestic Energy Pro5 duction Protection Act of 2013’’. 


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1 SEC. 2. REQUIREMENT FOR CONGRESSIONAL REVIEW OF 

2 CERTAIN ENVIRONMENTAL PROTECTION 

3 AGENCY RULES. 

4 (a) IN GENERAL.—Before a final rule or guidance is 

5 issued by the Environmental Protection Agency under the 

6 Clean Air Act (42 U.S.C. 7401 et seq.) that may reduce 

7 the level of energy output in a specified sector may take 

8 effect, the Administrator of the Environmental Protection 

9 Agency shall submit a copy of the proposed rule or guid10 ance to the Office of Information and Regulatory Affairs 

11 (in this Act referred to as ‘‘OIRA’’) for analysis. 

12 (b) OIRA ANALYSIS.—Not later than 90 days after 

13 receiving the proposed rule or guidance from the Adminis14 trator of the Environmental Protection Agency, the Ad15 ministrator of OIRA shall conduct an analysis to deter16 mine if such rule or guidance, individually or when com17 bined with another final rule or guidance issued by the 

18 Environmental Protection Agency, will reduce the level of 

19 energy output in a specified sector below the level of the 

20 prior calendar year. Such analysis shall include the poten21 tial impact of the rule or guidance on energy output in 

22 a specified sector and any potential job losses over a period 

23 of 10 years. 

24 SEC. 3. PROCESS FOR APPROVAL OF CONGRESS. 

25 (a) REPORT TO CONGRESS FROM OIRA.—If the Ad26 ministrator of OIRA determines that a proposed rule or 


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1 guidance reduces the level of energy output under section 

2 2(b), the Administrator shall, not later than 90 days after 

3 making the determination, submit a report to Congress 

4 that includes— 

5 (1) a copy of the rule or guidance; 

6 (2) the proposed effective date of the rule or 

7 guidance; and 

8 (3) the analysis conducted under section 2(b). 

9 (b) CONGRESSIONAL ACTION.—No rule or guidance 

10 that is the subject of a report submitted pursuant to sub11 section (a) shall take effect unless Congress enacts a joint 

12 resolution approving such rule or guidance. 

13 (c) JOINT RESOLUTION DEFINED.—For purposes of 

14 this section, the term ‘‘joint resolution’’ means only a joint 

15 resolution addressing a rule or guidance that is the subject 

16 of a report submitted pursuant to subsection (a) that— 

17 (1) bears no preamble; 

18 (2) bears the following title: ‘‘Approving the 

19 llll submitted in the report from the Office of 

20 Information and Regulatory Affairs on llll re21 lating to llll’’ with— 

22 (A) the first blank filled with ‘‘rule’’ or 

23 ‘‘guidance’’; 


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1 (B) the second blank filled with the date of 

2 the report submitted pursuant to subsection 

3 (a); and 

4 (C) the third blank filled as appropriate; 

5 (3) includes after its resolving clause only the 

6 following: ‘‘That Congress approves the llll 

7 submitted in the report from the Office of Informa8 tion and Regulatory Affairs on llll relating to 

9 llll’’, with— 

10 (A) the first blank filled with ‘‘rule’’ or 

11 ‘‘guidance’’; 

12 (B) the second blank filled with the date of 

13 the report submitted pursuant to subsection 

14 (a); and 

15 (C) the third blank filled as appropriate; 

16 and 

17 (4) is introduced pursuant to subsection (d). 

18 (d) INTRODUCTION.—After a House of Congress re19 ceives a report submitted pursuant to subsection (a), the 

20 majority leader of that House (or his or her respective des21 ignee) shall introduce (by request, if appropriate) a joint 

22 resolution described in subsection (c) within 3 session days 

23 or legislative days, as applicable. 

24 (e) RULES OF THE SENATE AND HOUSE OF REP25 RESENTATIVES.—This section is enacted by Congress— 


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1 (1) as an exercise of the rulemaking power of 

2 the Senate and House of Representatives, respec3 tively, and as such is deemed to be part of the rules 

4 of each House, respectively, but applicable only with 

5 respect to the procedure to be followed in that 

6 House in the case of a joint resolution described in 

7 subsection (c) and superseding other rules only 

8 where explicitly so; and 

9 (2) with full recognition of the Constitutional 

10 right of either House to change the rules (so far as 

11 they relate to the procedure of that House) at any 

12 time, in the same manner and to the same extent as 

13 in the case of any other rule of that House. 

14 SEC. 4. APPLICABILITY TO EXISTING LAW. 

15 Chapter 8 of title 5, United States Code, is amended 

16 by adding at the end the following new section: 

17 ‘‘§ 809. Exemption for certain Clean Air Act rules. 

18 ‘‘Nothing in this chapter shall apply to rules promul19 gated by the Environmental Protection Agency pursuant 

20 to the Domestic Energy Production Act of 2013, unless 

21 such rule is not subject to the process described in section 

22 3 of such Act.’’. 

23 SEC. 5. DEFINITIONS. 

24 In this Act: 


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1 (1) RULE.—The term ‘‘rule’’ has the meaning 

2 given to such term in section 551 of title 5, United 

3 States Code. 

4 (2) ENERGY OUTPUT.—The term ‘‘energy out5 put’’ means the level of production for a year, meas6 ured in quadrillion Btu, as calculated and included 

7 in table A1 of the document entitled ‘‘Annual En8 ergy Outlook 2013: With Projections to 2040’’, pub9 lished by the United States Energy Information Ad10 ministration in April 2013. 

11 (3) SPECIFIED SECTOR.—The term ‘‘specified 

12 sector’’ means one of the nine sectors of energy pro13 duction listed in table A1 of the document entitled 

14 ‘‘Annual Energy Outlook 2013: With Projections to 

15 2040’’, published by the United States Energy In16 formation Administration in April 2013. 

Æ 


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