II 

116TH CONGRESS 

1ST SESSION S. 2505 

To provide that Executive Order 13783 and certain rules shall have no 

force or effect, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 18, 2019 

Mr. BENNET (for himself, Mr. WHITEHOUSE, Mr. BOOKER, Mr. UDALL, Ms. 

KLOBUCHAR, Ms. HIRONO, Mr. WYDEN, Mr. BLUMENTHAL, Mr. REED, 

Mr. DURBIN, Ms. CORTEZ MASTO, Mr. SANDERS, Mrs. FEINSTEIN, Mr. 

MARKEY, Mr. HEINRICH, Mr. VAN HOLLEN, Mrs. GILLIBRAND, Ms. 

HARRIS, Ms. WARREN, Mr. MENENDEZ, and Mr. LEAHY) introduced the 

following bill; which was read twice and referred to the Committee on Energy and Natural Resources 

A BILL 

To provide that Executive Order 13783 and certain rules 

shall have no force or effect, 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 ‘‘Clean Air, Healthy 

5 Kids Act’’. 


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1 SEC. 2. EXECUTIVE ORDER, FINAL RULES, AND PROPOSED 

2 RULES TO HAVE NO FORCE OR EFFECT. 

3 (a) EXECUTIVE ORDER.—Executive Order 13783 (42 

4 U.S.C. 13201 note; relating to promoting energy inde5 pendence and economic growth)— 

6 (1) is null and void; 

7 (2) shall have no force or effect; and 

8 (3) may not be implemented, administered, en9 forced, or carried out by any Federal agency, includ10 ing— 

11 (A) the Office of Management and Budget; 

12 (B) the Council of Economic Advisers; 

13 (C) the Council on Environmental Quality; 

14 (D) the Environmental Protection Agency; 

15 (E) the Department of the Interior; and 

16 (F) any other agency directed to imple17 ment the Executive order. 

18 (b) FEDERAL RULES.— 

19 (1) FINAL RULES.— 

20 (A) IN GENERAL.—On and after the date 

21 of enactment of this Act, the following rules are 

22 null and void: 

23 (i) The final rule issued by the Ad24 ministrator of the Environmental Protec25 tion Agency entitled ‘‘Repeal of the Clean 

26 Power Plan; Emission Guidelines for 


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1 Greenhouse Gas Emissions From Existing 

2 Electric Utility Generating Units; Revi3 sions to Emission Guidelines Implementing 

4 Regulations’’ (84 Fed. Reg. 32520 (July 8, 

5 2019)). 

6 (ii) The final rule issued by the Direc7 tor of the Bureau of Land Management 

8 entitled ‘‘Waste Prevention, Production 

9 Subject to Royalties, and Resource Con10 servation; Delay and Suspension of Certain 

11 Requirements’’ (82 Fed. Reg. 58050 (De12 cember 8, 2017)). 

13 (iii) The final rule of the Secretary of 

14 Energy entitled ‘‘Energy Conservation 

15 Program: Definition for General Service 

16 Lamps’’ (84 Fed. Reg. 46661 (September 

17 5, 2019)). 

18 (iv) The final rule of the Adminis19 trator of the Environmental Protection 

20 Agency entitled ‘‘Adopting Requirements 

21 in Emission Guidelines for Municipal Solid 

22 Waste Landfills’’ (84 Fed. Reg. 44547 

23 (August 26, 2019)). 

24 (B) EFFECT.—On and after the date of 

25 enactment of this Act, the portions of the Code 


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1 of Federal Regulations amended by the rules 

2 described in subparagraph (A) shall be in effect 

3 as if the amendments made by those rules had 

4 not been made. 

5 (2) PROPOSED RULES.—The applicable agency 

6 may not finalize the following rules: 

7 (A) The proposed rule issued by the Ad8 ministrator of the Environmental Protection 

9 Agency entitled ‘‘Oil and Natural Gas Sector: 

10 Emission Standards for New, Reconstructed, 

11 and Modified Sources Review’’ (August 28, 

12 2019). 

13 (B) The proposed rule issued by the Ad14 ministrator of the Environmental Protection 

15 Agency and the Administrator of the National 

16 Highway Traffic Safety Administration entitled 

17 ‘‘The Safer Affordable Fuel-Efficient (SAFE) 

18 Vehicle Rules for Model Years 2021–2026 Pas19 senger Cars and Light Trucks’’ (83 Fed. Reg. 

20 42986 (August 24, 2018)). 

21 (C) The proposed determination of the 

22 Secretary of Energy entitled ‘‘Energy Conserva23 tion Program: Energy Conservation Standards 

24 for General Service Incandescent Lamps’’ (84 

25 Fed. Reg. 46830 (September 5, 2019)). 


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1 (c) CLEAN AIR ACT WAIVERS.—Notwithstanding any 

2 other provision of law— 

3 (1) any rescission of a waiver granted to the 

4 State of California to enforce emissions standards 

5 under the Clean Air Act (42 U.S.C. 7401 et seq.)— 

6 (A) is null and void; and 

7 (B) shall have no force or effect; and 

8 (2) on and after the date of enactment of this 

9 Act, the Administrator of the Environmental Protec10 tion Agency may not rescind a waiver granted to the 

11 State of California to enforce emissions standards 

12 under the Clean Air Act (42 U.S.C. 7401 et seq.). 

13 SEC. 3. NO FEDERAL FUNDS AVAILABLE. 

14 No Federal funds made available for any fiscal year 

15 may be used to implement, administer, enforce, or carry 

16 out— 

17 (1) the Executive order described in section 

18 2(a); 

19 (2) a final rule or direct final rule described in 

20 section 2(b)(1)(A); 

21 (3) a proposed rule or a proposed determination 

22 described in section 2(b)(2); or 

23 (4) a rescission of a waiver described in section 

24 2(c). 


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1 SEC. 4. SAVINGS PROVISION. 

2 Nothing in this Act shall be construed to impair any 

3 authority granted to the President. 

Æ 


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