```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5385 Introduced in Senate (IS)]

<DOC>

118th CONGRESS
  2d Session
                                S. 5385

 To prohibit Federal agencies from considering, in taking any action, 
the social cost of carbon, the social cost of methane, the social cost 
   of nitrous oxide, or the social cost of any other greenhouse gas, 
unless compliant with Office of Management and Budget guidance, and for 
                            other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                           November 21, 2024

  Mr. Lankford (for himself, Mrs. Capito, Mr. Cramer, Mr. Risch, Mr. 
 Hoeven, and Mr. Cornyn) introduced the following bill; which was read 
     twice and referred to the Committee on Homeland Security and 
                          Governmental Affairs

_______________________________________________________________________

                                 A BILL

 
 To prohibit Federal agencies from considering, in taking any action, 
the social cost of carbon, the social cost of methane, the social cost 
   of nitrous oxide, or the social cost of any other greenhouse gas, 
unless compliant with Office of Management and Budget guidance, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Transparency and Honesty in Energy 
Regulations Act of 2024''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Federal agency.--The term ``Federal agency'' means has 
        the meaning given the term ``agency'' in section 551 of title 
        5, United States Code.
            (2) Social cost of carbon.--The term ``social cost of 
        carbon'' means--
                    (A) the estimate of the social cost of carbon 
                described in--
                            (i) the document entitled ``Technical 
                        Support Document: 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 February 2010;
                            (ii) the document entitled ``Technical 
                        Support Document: Social Cost of Carbon, 
                        Methane, and Nitrous Oxide Interim Estimates 
                        under Executive Order 13990'', published by the 
                        Interagency Working Group on Social Cost of 
                        Greenhouse Gases, United States Government, in 
                        February 2021;
                            (iii) the 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 and revised in November 
                        2013 and July 2015, and published and revised 
                        by the Interagency Working Group on the Social 
                        Cost of Greenhouse Gases, United States 
                        Government, in August 2016;
                            (iv) the document entitled ``Regulatory 
                        Impact Analysis for the New Source Performance 
                        Standards for Greenhouse Gas Emissions from 
                        New, Modified, and Reconstructed Fossil Fuel-
                        Fired Electric Generating Units; Emission 
                        Guidelines for Greenhouse Gas Emissions from 
                        Existing Fossil Fuel-Fired Electric Generating 
                        Units; and Repeal of the Affordable Clean 
                        Energy Rule'', published by the Administrator 
                        of the Environmental Protection Agency in April 
                        2024;
                            (v) the document entitled ``Regulatory 
                        Impact Analysis for the Final Federal Good 
                        Neighbor Plan Addressing Regional Ozone 
                        Transport for the 2015 Ozone National Ambient 
                        Air Quality Standard'', published by the 
                        Administrator of the Environmental Protection 
                        Agency in March 2023;
                            (vi) the document entitled ``Regulatory 
                        Impact Analysis for the Final National Emission 
                        Standards for Hazardous Air Pollutants: Coal- 
                        and Oil-Fired Electric Utility Steam Generating 
                        Units Review of the Residual Risk and 
                        Technology Review'', published by the 
                        Administrator of the Environmental Protection 
                        Agency in April 2024;
                            (vii) the document entitled ``Benefit and 
                        Cost Analysis for Supplemental Effluent 
                        Limitations Guidelines and Standards for the 
                        Steam Electric Power Generating Point Source 
                        Category'', published by the Administrator of 
                        the Environmental Protection Agency on April 
                        18, 2024; or
                            (viii) any successor or substantially 
                        related document; and
                    (B) any other estimate of the monetized damages 
                associated with an incremental increase in carbon 
                dioxide emissions in a given year.
            (3) Social cost of greenhouse gases.--The term ``social 
        cost of greenhouse gases'' means--
                    (A) the estimate of the social cost of any 
                greenhouse gas that is described in--
                            (i) the document entitled ``Technical 
                        Support Document: 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 February 2010;
                            (ii) the 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 and revised in November 
                        2013 and July 2015, and published and revised 
                        by the Interagency Working Group on the Social 
                        Cost of Greenhouse Gases, United States 
                        Government, in August 2016;
                            (iii) the document entitled ``Addendum to 
                        Technical Support Document on Social Cost of 
                        Carbon for Regulatory Impact Analysis under 
                        Executive Order 12866: Application of the 
                        Methodology to Estimate the Social Cost of 
                        Methane and the Social Cost of Nitrous Oxide'', 
                        published by the Interagency Working Group on 
                        Social Cost of Greenhouse Gases, United States 
                        Government, in August 2016;
                            (iv) the document entitled ``Technical 
                        Support Document: Social Cost of Carbon, 
                        Methane, and Nitrous Oxide Interim Estimates 
                        under Executive Order 13990'', published by the 
                        Interagency Working Group on Social Cost of 
                        Greenhouse Gases, United States Government, in 
                        February 2021; or
                            (v) any successor or substantially related 
                        document; and
                    (B) any other estimate of the monetized damages 
                associated with an incremental increase in greenhouse 
                gas emissions in a given year.
            (4) Social cost of methane.--The term ``social cost of 
        methane'' means--
                    (A) the estimate of the social cost of methane 
                described in--
                            (i) the document entitled ``Addendum to 
                        Technical Support Document on Social Cost of 
                        Carbon for Regulatory Impact Analysis under 
                        Executive Order 12866: Application of the 
                        Methodology to Estimate the Social Cost of 
                        Methane and the Social Cost of Nitrous Oxide'', 
                        published by the Interagency Working Group on 
                        Social Cost of Greenhouse Gases, United States 
                        Government, in August 2016;
                            (ii) the document entitled ``Technical 
                        Support Document: Social Cost of Carbon, 
                        Methane, and Nitrous Oxide Interim Estimates 
                        under Executive Order 13990'', published by the 
                        Interagency Working Group on Social Cost of 
                        Greenhouse Gases, United States Government, in 
                        February 2021;
                            (iii) the document entitled ``Benefit and 
                        Cost Analysis for Supplemental Effluent 
                        Limitations Guidelines and Standards for the 
                        Steam Electric Power Generating Point Source 
                        Category'', published by the Administrator of 
                        the Environmental Protection Agency on April 
                        18, 2024; or
                            (iv) any successor or substantially related 
                        document; and
                    (B) any other estimate of the monetized damages 
                associated with an incremental increase in methane 
                emissions in a given year.
            (5) Social cost of nitrous oxide.--The term ``social cost 
        of nitrous oxide'' means--
                    (A) the estimate of the social cost of nitrous 
                oxide described in--
                            (i) the document entitled ``Addendum to 
                        Technical Support Document on Social Cost of 
                        Carbon for Regulatory Impact Analysis under 
                        Executive Order 12866: Application of the 
                        Methodology to Estimate the Social Cost of 
                        Methane and the Social Cost of Nitrous Oxide'', 
                        published by the Interagency Working Group on 
                        Social Cost of Greenhouse Gases, United States 
                        Government, in August 2016;
                            (ii) the document entitled ``Technical 
                        Support Document: Social Cost of Carbon, 
                        Methane, and Nitrous Oxide Interim Estimates 
                        under Executive Order 13990'', published by the 
                        Interagency Working Group on Social Cost of 
                        Greenhouse Gases, United States Government, in 
                        February 2021; or
                            (iii) any other successor or substantially 
                        related document; and
                    (B) any other estimate of the monetized damages 
                associated with an incremental increase in nitrous 
                oxide emissions in a given year.

SEC. 3. PROHIBITION ON CONSIDERING THE SOCIAL COST OF GREENHOUSE GASES, 
              INCLUDING THE SOCIAL COST OF CARBON, THE SOCIAL COST OF 
              METHANE, AND THE SOCIAL COST OF NITROUS OXIDE.

    A Federal agency may not consider the social cost of carbon, social 
cost of methane, social cost of nitrous oxide, or social cost of 
greenhouse gases--
            (1) as part of any cost-benefit or cost-effectiveness 
        analysis required under--
                    (A) any law;
                    (B) Executive Order 12866 (5 U.S.C. 601 note; 
                relating to regulatory planning and review); or
                    (C) Executive Order 13563 (5 U.S.C. 601 note; 
                relating to improving regulation and regulatory 
                review);
            (2) in any rulemaking;
            (3) in the issuance of any guidance;
            (4) in taking any other agency action; or
            (5) as a justification for any rulemaking, guidance 
        document, or agency action.

SEC. 4. REPORT TO CONGRESS.

    Not later than 120 days after the date of enactment of this Act, 
the head of each Federal agency shall submit to the Committees on 
Environment and Public Works and Energy and Natural Resources of the 
Senate and the Committees on Energy and Commerce and Natural Resources 
of the House of Representatives a report describing the number of 
proposed and final rulemakings, guidance documents, and agency actions 
that, since January 2009, have used the social cost of carbon, the 
social cost of greenhouse gases, the social cost of methane, or the 
social cost of nitrous oxide, including the use of the social cost of 
carbon, the social cost of greenhouse gases, the social cost of 
methane, or the social cost of nitrous oxide as part of any cost-
benefit analysis required under Executive Order 12866 (5 U.S.C. 601 
note; relating to regulatory planning and review) or other relevant 
authority.
                                 <all>
```