II 118th CONGRESS 2d Session S. 5385 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. Short title This Act may be cited as the Transparency and Honesty in Energy Regulations Act of 2024 . 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. 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. 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.