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 Com-
mittee 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 con-
cerned 
A BILL 
To require the Administrator of the Environmental Protec-
tion 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Employment Protec-
tion Act of 2011’’. 
SEC. 2. IMPACTS OF EPA REGULATORY ACTIVITY ON EM-
PLOYMENT AND ECONOMIC ACTIVITY. 
(a) ANALYSIS OF IMPACTS OF ACTIONS ON EMPLOY-
MENT AND ECONOMIC ACTIVITY.— 
(1) ANALYSIS.—Prior to issuing a regulation, 
policy statement, guidance, or other requirement, 
implementing any new or substantially altered pro-
gram, or issuing or denying any permit, the Admin-
istrator shall analyze the impact, disaggregated by 
State, of such regulation, policy statement, guidance, 
requirement, program, or permit on employment lev-
els and economic activity. 
(2) ECONOMIC MODELS.— 
(A) IN GENERAL.—In carrying out para-
graph (1), the Administrator shall utilize the 
best available economic models. 
(B) ANNUAL
GAO
REPORT.—Not later 
than December 31st of each year, the Comp-
troller General of the United States shall sub-
mit to Congress a report on the economic mod-
els used by the Administrator to carry out this 
subsection. 
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(3) AVAILABILITY OF INFORMATION.—With re-
spect to any regulation, policy statement, guidance, 
requirement, program, or permit, the Administrator 
shall— 
(A) post the analysis under paragraph (1) 
as a link on the main page of the public Web 
site of the Environmental Protection Agency; 
and 
(B) request that the Governor of any State 
experiencing more than a de minimis negative 
impact post such analysis in the Capitol of such 
State. 
(4) CLEAN WATER ACT AND OTHER PERMITS.— 
Analysis under paragraph (1) shall include estimated 
job losses and decreased economic activity due to the 
denial or issuance of permits, including permits 
issued under the Federal Water Pollution Control 
Act (33 U.S.C. 1251 et seq.). 
(b) PUBLIC HEARINGS.— 
(1) IN
GENERAL.—If the Administrator con-
cludes under subsection (a)(1) that a regulation, pol-
icy statement, guidance, requirement, program, or 
permit will have more than a de minimis negative 
impact on employment levels or economic activity in 
a State, then the Administrator shall hold a public 
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hearing in each such State at least 30 days prior 
to— 
(A) the effective date of the regulation, 
policy statement, guidance, requirement, or pro-
gram; or 
(B) the denial or issuance of the permit. 
(2) TIME, LOCATION, AND SELECTION.—A pub-
lic hearing required by paragraph (1) shall be held 
at a convenient time and location for impacted resi-
dents. In selecting a location for such a public hear-
ing, the Administrator shall give priority to locations 
in the State that will experience the greatest number 
of job losses. 
(3) CITIZEN SUITS.— 
(A) IN GENERAL.—If a public hearing is 
required by paragraph (1) with respect to any 
State, and the Administrator fails to hold such 
a public hearing in accordance with paragraphs 
(1) and (2), any resident of such State may 
bring an action in any United States district 
court in such State to compel compliance with 
such paragraphs. 
(B) RELIEF.—If a party prevails in an ac-
tion against the Administrator under subpara-
graph (A), then the district court— 
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(i) shall enjoin the regulation, policy 
statement, guidance, requirement, pro-
gram, or permit that is the subject of the 
action; and 
(ii) may award reasonable attorneys 
fees and costs. 
(C) APPEAL.—Upon appeal of an injunc-
tion issued under subparagraph (B), the court 
of appeals— 
(i) shall require the submission of 
briefs not later than 30 days after the fil-
ing of such appeal; 
(ii) may not stay the injunction prior 
to hearing oral arguments; and 
(iii) shall make its final decision not 
later than 90 days after the filing of such 
appeal. 
(c) NOTIFICATION.—If the Administrator concludes 
under subsection (a)(1) that a regulation, policy state-
ment, guidance, requirement, program, or permit will have 
more than a de minimis negative impact on employment 
levels or economic activity in any State, then the Adminis-
trator shall give notice of such impact to the State’s Con-
gressional delegation, Governor, and Legislature at least 
45 days prior to— 
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