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