[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1584 Introduced in Senate (IS)]
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119th CONGRESS
1st Session
S. 1584
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, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 1, 2025
Mr. Lankford 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, 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 2025''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Federal agency.--The term ``Federal agency'' 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 of the Interagency Working
Group on Social Cost of Carbon, United States
Government, entitled ``Technical Support
Document: Social Cost of Carbon for Regulatory
Impact Analysis Under Executive Order 12866''
and dated February 2010;
(ii) the document of the Interagency
Working Group on Social Cost of Greenhouse
Gases, United States Government, entitled
``Technical Support Document: Social Cost of
Carbon, Methane, and Nitrous Oxide Interim
Estimates under Executive Order 13990'' and
dated February 2021;
(iii) the document of the Interagency
Working Group on Social Cost of Greenhouse
Gases, United States Government, entitled
``Technical Support Document: Technical Update
of the Social Cost of Carbon for Regulatory
Impact Analysis Under Executive Order 12866'',
dated May 2013, revised in November 2013 and
July 2015, and published and revised in August
2016;
(iv) the document of the Environmental
Protection Agency 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'' and dated April 2024;
(v) the document of the Environmental
Protection Agency entitled ``Regulatory Impact
Analysis for the Final Federal Good Neighbor
Plan Addressing Regional Ozone Transport for
the 2015 Ozone National Ambient Air Quality
Standard'' and dated March 2023;
(vi) the document of the Environmental
Protection Agency 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'' and dated April 2024;
(vii) the document of the Environmental
Protection Agency entitled ``Benefit and Cost
Analysis for Supplemental Effluent Limitations
Guidelines and Standards for the Steam Electric
Power Generating Point Source Category'' and
dated 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 of the Interagency Working
Group on Social Cost of Carbon, United States
Government, entitled ``Technical Support
Document: Social Cost of Carbon for Regulatory
Impact Analysis Under Executive Order 12866''
and dated February 2010;
(ii) the document of the Interagency
Working Group on Social Cost of Greenhouse
Gases, United States Government, entitled
``Technical Support Document: Technical Update
of the Social Cost of Carbon for Regulatory
Impact Analysis Under Executive Order 12866'',
dated May 2013, revised in November 2013 and
July 2015, and published and revised in August
2016;
(iii) the document of the Interagency
Working Group on Social Cost of Greenhouse
Gases, United States Government, 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'' and dated August 2016;
(iv) the document of the Interagency
Working Group on Social Cost of Greenhouse
Gases, United States Government, entitled
``Technical Support Document: Social Cost of
Carbon, Methane, and Nitrous Oxide Interim
Estimates under Executive Order 13990'' and
dated 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 of the Interagency Working
Group on Social Cost of Greenhouse Gases,
United States Government, 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''
and dated August 2016;
(ii) the document of the Interagency
Working Group on Social Cost of Greenhouse
Gases, United States Government, entitled
``Technical Support Document: Social Cost of
Carbon, Methane, and Nitrous Oxide Interim
Estimates under Executive Order 13990'' and
dated February 2021;
(iii) the document of the Environmental
Protection Agency entitled ``Benefit and Cost
Analysis for Supplemental Effluent Limitations
Guidelines and Standards for the Steam Electric
Power Generating Point Source Category'' and
dated 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 of the Interagency Working
Group on Social Cost of Carbon, United States
Government, 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'' and dated August
2016;
(ii) the document of the Interagency
Working Group on Social Cost of Carbon, United
States Government, entitled ``Technical Support
Document: Social Cost of Carbon, Methane, and
Nitrous Oxide Interim Estimates under Executive
Order 13990'' and dated 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.
The head of a Federal agency may not consider the social cost of
carbon, the social cost of methane, the social cost of nitrous oxide,
or the 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.
SEC. 5. PRIORITIZING ACCURACY IN ENVIRONMENTAL ANALYSES.
(a) Limitation on Permitting and Regulation.--
(1) In general.--In carrying out any permitting
adjudication or regulatory process--
(A) the head of each Federal agency shall, in
taking into account any environmental considerations,
only use such environmental considerations as are
explicitly required under an Act of Congress; and
(B) the use of any environmental consideration not
described in subparagraph (A) is prohibited.
(2) Use of robust methodologies.--In carrying out paragraph
(1), the head of a Federal agency, in the determination of the
head of that Federal agency--
(A) shall strictly use the most robust methodology
of assessment available; and
(B) shall not use any methodology that is arbitrary
or ideologically motivated.
(b) Regulatory Analysis.--The head of each Federal agency shall--
(1) ensure that any estimates to assess the value of
changes in greenhouse gas emissions resulting from the actions
of that Federal agency, including with respect to the
consideration of domestic versus international effects and
evaluating appropriate discount rates, are, to the extent
permitted by law, consistent with the guidance contained in
Office of Management and Budget Circular A-4, dated September
17, 2003; and
(2) as appropriate and consistent with applicable law,
initiate a process to make such changes to any rule,
regulation, policy, or action of the Federal agency as may be
necessary to ensure consistency with Office of Management and
Budget Circular A-4, dated September 17, 2003.
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