S.Amdt. 3025

SA 3025. Mr. CASSIDY submitted an amendment intended to be proposed
to amendment SA 2953 proposed by Ms. Murkowski to the bill S. 2012, to
provide for the modernization of the energy policy of the United
States, and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. ____. ENERGY CONSUMERS RELIEF.

(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the Environmental Protection Agency.
(2) Direct costs.--The term ``direct costs'' has the
meaning given the term in chapter 8 of the report of the
Environmental Protection Agency entitled ``Guidelines for
Preparing Economic Analyses'' and dated December 17, 2010.
(3) Energy-related rule that is estimated to cost more than
$1,000,000,000.--The term ``energy-related rule that is
estimated to cost more than $1,000,000,000'' means a rule of
the Environmental Protection Agency that--
(A) regulates any aspect of the production, supply,
distribution, or use of energy or provides for such
regulation by States or other governmental entities; and
(B) is estimated by the Administrator or the Director of
the Office of Management and Budget to impose direct costs
and indirect costs, in the aggregate, of more than
$1,000,000,000.
(4) Indirect costs.--The term ``indirect costs'' has the
meaning given the term in chapter 8 of the report of the
Environmental Protection Agency entitled ``Guidelines for
Preparing Economic Analyses'' and dated December 17, 2010.
(5) Rule.--The term ``rule'' has the meaning given to the
term in section 551 of title 5, United States Code.
(b) Prohibition Against Finalizing Certain Energy-related
Rules That Will Cause Significant Adverse Effects to the
Economy.--Notwithstanding any other provision of law, the
Administrator may not promulgate as final an energy-related
rule that is estimated to cost more than $1,000,000,000 if
the Secretary determines under subsection (c)(2)(C) that the
rule will cause significant adverse effects to the economy.
(c) Reports and Determinations Prior to Promulgating as
Final Certain Energy-related Rules.--
(1) In general.--Before promulgating as final any energy-
related rule that is estimated to cost more than
$1,000,000,000, the Administrator shall carry out the
requirements of paragraph (2).
(2) Requirements.--
(A) Report to congress.--The Administrator shall submit to
Congress and the Secretary a report containing--
(i) a copy of the rule;
(ii) a concise general statement relating to the rule;

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(iii) an estimate of the total costs of the rule, including
the direct costs and indirect costs of the rule;
(iv)(I) an estimate of the total benefits of the rule and
when such benefits are expected to be realized;
(II) a description of the modeling, the calculations, the
assumptions, and the limitations due to uncertainty,
speculation, or lack of information associated with the
estimates under this clause; and
(III) a certification that all data and documents relied
upon by the Environmental Protection Agency in developing the
estimates--

(aa) have been preserved; and
(bb) are available for review by the public on the website
of the Environmental Protection Agency, except to the extent
to which publication of the data and documents would
constitute disclosure of confidential information in
violation of applicable Federal law;

(v) an estimate of the increases in energy prices,
including potential increases in gasoline or electricity
prices for consumers, that may result from implementation or
enforcement of the rule; and
(vi) a detailed description of the employment effects,
including potential job losses and shifts in employment, that
may result from implementation or enforcement of the rule.
(B) Initial determination on increases and impacts.--The
Secretary, in consultation with the Federal Energy Regulatory
Commission and the Administrator of the Energy Information
Administration, shall prepare an independent analysis to
determine whether the rule will cause any--
(i) increase in energy prices for consumers, including low-
income households, small businesses, and manufacturers;
(ii) impact on fuel diversity of the electricity generation
portfolio of the United States or on national, regional, or
local electric reliability;
(iii) adverse effect on energy supply, distribution, or use
due to the economic or technical infeasibility of
implementing the rule; or
(iv) other adverse effect on energy supply, distribution,
or use, including a shortfall in supply and increased use of
foreign supplies.
(C) Subsequent determination on adverse effects to the
economy.--If the Secretary determines under subparagraph (B)
that the rule will cause an increase, impact, or effect
described in that subparagraph, the Secretary, in
consultation with the Administrator, the Secretary of
Commerce, the Secretary of Labor, and the Administrator of
the Small Business Administration, shall--
(i) determine whether the rule will cause significant
adverse effects to the economy, taking into consideration--

(I) the costs and benefits of the rule and limitations in
calculating the costs and benefits due to uncertainty,
speculation, or lack of information; and
(II) the positive and negative impacts of the rule on
economic indicators, including those related to gross
domestic product, unemployment, wages, consumer prices, and
business and manufacturing activity; and

(ii) publish the results of the determination made under
clause (i) in the Federal Register.
(d) Prohibition on Use of Social Cost of Carbon in
Analysis.--
(1) Definition of social cost of carbon.--In this
subsection, the term ``social cost of carbon'' means--
(A) the social cost of carbon as described in the technical
support document entitled ``Technical Support Document:
Technical Update of the Social Cost of Carbon for Regulatory
Impact Analysis Under Executive Order 12866'', published by
the Interagency Working Group on Social Cost of Carbon,
United States Government, in May 2013 (or any successor or
substantially related document); or
(B) any other estimate of the monetized damages associated
with an incremental increase in carbon dioxide emissions in a
given year.
(2) Prohibition on use of social cost of carbon in
analysis.--Notwithstanding any other provision of law or any
Executive order, the Administrator may not use the social
cost of carbon to incorporate social benefits of reducing
carbon dioxide emissions, or for any other reason, in any
cost-benefit analysis relating to an energy-related rule that
is estimated to cost more than $1,000,000,000 unless a
Federal law is enacted authorizing the use.
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