II 

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. 

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 ‘‘Transparency and 

5 Honesty in Energy Regulations Act of 2024’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) FEDERAL AGENCY.—The term ‘‘Federal 

4 agency’’ means has the meaning given the term 

5 ‘‘agency’’ in section 551 of title 5, United States 

6 Code. 

7 (2) SOCIAL COST OF CARBON.—The term ‘‘so8 cial cost of carbon’’ means— 

9 (A) the estimate of the social cost of car10 bon described in— 

11 (i) the document entitled ‘‘Technical 

12 Support Document: Social Cost of Carbon 

13 for Regulatory Impact Analysis Under Ex14 ecutive Order 12866’’, published by the 

15 Interagency Working Group on Social Cost 

16 of Carbon, United States Government, in 

17 February 2010; 

18 (ii) the document entitled ‘‘Technical 

19 Support Document: Social Cost of Carbon, 

20 Methane, and Nitrous Oxide Interim Esti21 mates under Executive Order 13990’’, 

22 published by the Interagency Working 

23 Group on Social Cost of Greenhouse 

24 Gases, United States Government, in Feb25 ruary 2021; 


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1 (iii) the document entitled ‘‘Technical 

2 Support Document: Technical Update of 

3 the Social Cost of Carbon for Regulatory 

4 Impact Analysis Under Executive Order 

5 12866’’, published by the Interagency 

6 Working Group on Social Cost of Carbon, 

7 United States Government, in May 2013 

8 and revised in November 2013 and July 

9 2015, and published and revised by the 

10 Interagency Working Group on the Social 

11 Cost of Greenhouse Gases, United States 

12 Government, in August 2016; 

13 (iv) the document entitled ‘‘Regu14 latory Impact Analysis for the New Source 

15 Performance Standards for Greenhouse 

16 Gas Emissions from New, Modified, and 

17 Reconstructed Fossil Fuel-Fired Electric 

18 Generating Units; Emission Guidelines for 

19 Greenhouse Gas Emissions from Existing 

20 Fossil Fuel-Fired Electric Generating 

21 Units; and Repeal of the Affordable Clean 

22 Energy Rule’’, published by the Adminis23 trator of the Environmental Protection 

24 Agency in April 2024; 


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1 (v) the document entitled ‘‘Regulatory 

2 Impact Analysis for the Final Federal 

3 Good Neighbor Plan Addressing Regional 

4 Ozone Transport for the 2015 Ozone Na5 tional Ambient Air Quality Standard’’, 

6 published by the Administrator of the En7 vironmental Protection Agency in March 

8 2023; 

9 (vi) the document entitled ‘‘Regu10 latory Impact Analysis for the Final Na11 tional Emission Standards for Hazardous 

12 Air Pollutants: Coal- and Oil-Fired Elec13 tric Utility Steam Generating Units Re14 view of the Residual Risk and Technology 

15 Review’’, published by the Administrator of 

16 the Environmental Protection Agency in 

17 April 2024; 

18 (vii) the document entitled ‘‘Benefit 

19 and Cost Analysis for Supplemental Efflu20 ent Limitations Guidelines and Standards 

21 for the Steam Electric Power Generating 

22 Point Source Category’’, published by the 

23 Administrator of the Environmental Pro24 tection Agency on April 18, 2024; or 


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1 (viii) any successor or substantially 

2 related document; and 

3 (B) any other estimate of the monetized 

4 damages associated with an incremental in5 crease in carbon dioxide emissions in a given 

6 year. 

7 (3) SOCIAL COST OF GREENHOUSE GASES.— 

8 The term ‘‘social cost of greenhouse gases’’ means— 

9 (A) the estimate of the social cost of any 

10 greenhouse gas that is described in— 

11 (i) the document entitled ‘‘Technical 

12 Support Document: Social Cost of Carbon 

13 for Regulatory Impact Analysis Under Ex14 ecutive Order 12866’’, published by the 

15 Interagency Working Group on Social Cost 

16 of Carbon, United States Government, in 

17 February 2010; 

18 (ii) the document entitled ‘‘Technical 

19 Support Document: Technical Update of 

20 the Social Cost of Carbon for Regulatory 

21 Impact Analysis Under Executive Order 

22 12866’’, published by the Interagency 

23 Working Group on Social Cost of Carbon, 

24 United States Government, in May 2013 

25 and revised in November 2013 and July 


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1 2015, and published and revised by the 

2 Interagency Working Group on the Social 

3 Cost of Greenhouse Gases, United States 

4 Government, in August 2016; 

5 (iii) the document entitled ‘‘Adden6 dum to Technical Support Document on 

7 Social Cost of Carbon for Regulatory Im8 pact Analysis under Executive Order 

9 12866: Application of the Methodology to 

10 Estimate the Social Cost of Methane and 

11 the Social Cost of Nitrous Oxide’’, pub12 lished by the Interagency Working Group 

13 on Social Cost of Greenhouse Gases, 

14 United States Government, in August 

15 2016; 

16 (iv) the document entitled ‘‘Technical 

17 Support Document: Social Cost of Carbon, 

18 Methane, and Nitrous Oxide Interim Esti19 mates under Executive Order 13990’’, 

20 published by the Interagency Working 

21 Group on Social Cost of Greenhouse 

22 Gases, United States Government, in Feb23 ruary 2021; or 

24 (v) any successor or substantially re25 lated document; and 


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1 (B) any other estimate of the monetized 

2 damages associated with an incremental in3 crease in greenhouse gas emissions in a given 

4 year. 

5 (4) SOCIAL COST OF METHANE.—The term ‘‘so6 cial cost of methane’’ means— 

7 (A) the estimate of the social cost of meth8 ane described in— 

9 (i) the document entitled ‘‘Addendum 

10 to Technical Support Document on Social 

11 Cost of Carbon for Regulatory Impact 

12 Analysis under Executive Order 12866: 

13 Application of the Methodology to Esti14 mate the Social Cost of Methane and the 

15 Social Cost of Nitrous Oxide’’, published 

16 by the Interagency Working Group on So17 cial Cost of Greenhouse Gases, United 

18 States Government, in August 2016; 

19 (ii) the document entitled ‘‘Technical 

20 Support Document: Social Cost of Carbon, 

21 Methane, and Nitrous Oxide Interim Esti22 mates under Executive Order 13990’’, 

23 published by the Interagency Working 

24 Group on Social Cost of Greenhouse 


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1 Gases, United States Government, in Feb2 ruary 2021; 

3 (iii) the document entitled ‘‘Benefit 

4 and Cost Analysis for Supplemental Efflu5 ent Limitations Guidelines and Standards 

6 for the Steam Electric Power Generating 

7 Point Source Category’’, published by the 

8 Administrator of the Environmental Pro9 tection Agency on April 18, 2024; or 

10 (iv) any successor or substantially re11 lated document; and 

12 (B) any other estimate of the monetized 

13 damages associated with an incremental in14 crease in methane emissions in a given year. 

15 (5) SOCIAL COST OF NITROUS OXIDE.—The 

16 term ‘‘social cost of nitrous oxide’’ means— 

17 (A) the estimate of the social cost of ni18 trous oxide described in— 

19 (i) the document entitled ‘‘Addendum 

20 to Technical Support Document on Social 

21 Cost of Carbon for Regulatory Impact 

22 Analysis under Executive Order 12866: 

23 Application of the Methodology to Esti24 mate the Social Cost of Methane and the 

25 Social Cost of Nitrous Oxide’’, published 


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1 by the Interagency Working Group on So2 cial Cost of Greenhouse Gases, United 

3 States Government, in August 2016; 

4 (ii) the document entitled ‘‘Technical 

5 Support Document: Social Cost of Carbon, 

6 Methane, and Nitrous Oxide Interim Esti7 mates under Executive Order 13990’’, 

8 published by the Interagency Working 

9 Group on Social Cost of Greenhouse 

10 Gases, United States Government, in Feb11 ruary 2021; or 

12 (iii) any other successor or substan13 tially related document; and 

14 (B) any other estimate of the monetized 

15 damages associated with an incremental in16 crease in nitrous oxide emissions in a given 

17 year. 

18 SEC. 3. PROHIBITION ON CONSIDERING THE SOCIAL COST 

19 OF GREENHOUSE GASES, INCLUDING THE SO20 CIAL COST OF CARBON, THE SOCIAL COST OF 

21 METHANE, AND THE SOCIAL COST OF NI22 TROUS OXIDE. 

23 A Federal agency may not consider the social cost 

24 of carbon, social cost of methane, social cost of nitrous 

25 oxide, or social cost of greenhouse gases— 


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1 (1) as part of any cost-benefit or cost-effective2 ness analysis required under— 

3 (A) any law; 

4 (B) Executive Order 12866 (5 U.S.C. 601 

5 note; relating to regulatory planning and re6 view); or 

7 (C) Executive Order 13563 (5 U.S.C. 601 

8 note; relating to improving regulation and regu9 latory review); 

10 (2) in any rulemaking; 

11 (3) in the issuance of any guidance; 

12 (4) in taking any other agency action; or 

13 (5) as a justification for any rulemaking, guid14 ance document, or agency action. 

15 SEC. 4. REPORT TO CONGRESS. 

16 Not later than 120 days after the date of enactment 

17 of this Act, the head of each Federal agency shall submit 

18 to the Committees on Environment and Public Works and 

19 Energy and Natural Resources of the Senate and the 

20 Committees on Energy and Commerce and Natural Re21 sources of the House of Representatives a report describ22 ing the number of proposed and final rulemakings, guid23 ance documents, and agency actions that, since January 

24 2009, have used the social cost of carbon, the social cost 

25 of greenhouse gases, the social cost of methane, or the 


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1 social cost of nitrous oxide, including the use of the social 

2 cost of carbon, the social cost of greenhouse gases, the 

3 social cost of methane, or the social cost of nitrous oxide 

4 as part of any cost-benefit analysis required under Execu5 tive Order 12866 (5 U.S.C. 601 note; relating to regu6 latory planning and review) or other relevant authority. 

Æ 


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