Transparency and Honesty in Energy Regulations Act

Bill Number

H.R. 3147

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Environmental Protection

Status

Introduced

Latest Action

2025-05-01: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Last Updated

2025-09-09T08:05:58Z

AI-Generated Summary

Purpose of the Legislation

This bill, titled the "Transparency and Honesty in Energy Regulations Act," aims to prevent federal agencies from using estimates of the "social cost" of greenhouse gases—such as carbon dioxide, methane, and nitrous oxide—in their decision-making processes. These social costs are monetary estimates of the long-term damages caused by increased emissions, like effects on health, the economy, and the environment. The goal is to limit how agencies evaluate regulations related to energy and emissions.

Key Provisions

• Definitions (Section 2):
• Defines "Federal agency" as any executive branch department or entity under U.S. law (from 5 U.S.C. § 551).
• Specifies "social cost of carbon," "social cost of methane," "social cost of nitrous oxide," and "social cost of greenhouse gases" by referencing particular government documents (e.g., technical support documents from interagency working groups in 2010, 2013, 2016, and 2021, plus EPA analyses from 2023–2024) or any similar estimates of damages from incremental emissions increases.
• Prohibition on Use (Section 3): Federal agencies are barred from considering these social costs in:
• Any cost-benefit or cost-effectiveness analyses required by law or executive orders (e.g., Executive Order 12866 on regulatory planning and Executive Order 13563 on improving regulations).
• Rulemaking processes (creating or changing regulations).
• Issuing guidance documents.
• Any other agency actions.
• Justifying rules, guidance, or actions.
• Reporting Requirement (Section 4): Within 120 days of enactment, each federal agency head must report to specific congressional committees (e.g., Senate Environment and Public Works, House Energy and Commerce) on the number of proposed/final rules, guidance, and actions since January 2009 that used these social costs, including in cost-benefit analyses under Executive Order 12866.

Significant Changes to Existing Law

• This bill introduces a statutory ban on using social cost estimates in federal regulatory processes, overriding prior practices under executive orders that encouraged agencies to include such analyses in environmental and energy rulemakings.
• It targets specific documents and methodologies developed by interagency groups and the EPA, which had been used to quantify climate impacts in regulations since 2009, effectively nullifying their role in future decisions without needing to repeal individual rules.

Potential Impacts

• On Government Agencies: Agencies like the EPA would face restrictions in justifying climate-focused regulations, potentially simplifying regulatory reviews but complicating efforts to address emissions under laws like the Clean Air Act. This could lead to fewer or weaker environmental rules.
• On Citizens: Could result in lower regulatory costs for industries, possibly reducing energy prices, but might weaken protections against climate change effects, such as air quality or extreme weather, disproportionately affecting vulnerable communities.
• On International Relations: May signal a reduced U.S. emphasis on global climate commitments (e.g., Paris Agreement), potentially straining relations with allies focused on emissions reductions, though it wouldn't directly alter treaties.

Main Stakeholders Affected

• Federal Agencies: Primarily the EPA, Department of Energy, and other executive entities involved in environmental and energy regulation.
• Energy and Industry Sectors: Fossil fuel producers, electric utilities, and manufacturers that benefit from reduced regulatory burdens on emissions.
• Environmental and Public Interest Groups: Organizations advocating for climate action, who may see this as limiting tools to combat global warming.
• Congress and Taxpayers: Committees overseeing energy and environment, with broader implications for how public funds support regulatory analyses.
• General Public: Indirectly affected through changes in energy policy and environmental protections.

Notable Legal, Constitutional, or Political Implications

• Legal: The prohibition could conflict with existing environmental statutes requiring cost-benefit considerations, potentially leading to court challenges over whether Congress can override executive orders this way. It defines and limits specific methodologies without altering underlying laws.
• Constitutional: Raises questions about separation of powers, as it constrains executive branch discretion in regulatory analysis, though Congress has authority to regulate agency procedures.
• Political: Reflects debates over climate policy, with sponsors (e.g., Reps. Hudson, Pfluger, Balderson) likely aiming to curb what they view as overreach in emissions regulations; it was referred to committees on oversight, government reform, and judiciary, indicating potential partisan divides in energy governance.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Hudson, Richard [R-NC-9]

Cosponsors (3)

Rep. Pfluger, August [R-TX-11], Rep. Balderson, Troy [R-OH-12], Rep. Lee, Laurel M. [R-FL-15]

Recent Actions

• 2025-05-01: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-05-01: Referred to the Committee on Oversight and Government Reform, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• 2025-05-01: Introduced in House
• 2025-05-01: Introduced in House

Bill Versions

• Transparency and Honesty in Energy Regulations Act — issued 2025-05-01 — PDF (11 pages)