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H.R. 1430 - HONEST Act
Sponsor: Lamar Smith (R)
Introduced: 2017-03-30
Bill Status: Received in the Senate and Read twice and referred to the Committee on Environment and Public Works.
 

(This measure has not been amended since it was introduced. The expanded summary of the House reported version is repeated here.)

Honest and Open New EPA Science Treatment Act of 2017 or the HONEST Act

(Sec. 2) This bill amends the Environmental Research, Development, and Demonstration Authorization Act of 1978 to prohibit the Environmental Protection Agency from proposing, finalizing, or disseminating a covered action unless all scientific and technical information relied on to support such action is the best available science, specifically identified, and publicly available in a manner sufficient for independent analysis and substantial reproduction of research results. A covered action includes a risk, exposure, or hazard assessment, criteria document, standard, limitation, regulation, regulatory impact analysis, or guidance. Personally identifiable information, trade secrets, or commercial or financial information obtained from a person and privileged or confidential must be redacted prior to public availability.

Full Text


115th CONGRESS
1st Session
H. R. 1430


IN THE SENATE OF THE UNITED STATES

March 30, 2017

    Received; read twice and referred to the Committee on Environment and Public Works


AN ACT

    To prohibit the Environmental Protection Agency from proposing, finalizing, or disseminating regulations or assessments based upon science that is not transparent or reproducible.

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 “Honest and Open New EPA Science Treatment Act of 2017” or the “HONEST Act”.

SEC. 2. Data transparency.

Section 6(b) of the Environmental Research, Development, and Demonstration Authorization Act of 1978 (42 U.S.C. 4363 note) is amended to read as follows:

“(b)(1) The Administrator shall not propose, finalize, or disseminate a covered action unless all scientific and technical information relied on to support such covered action is—

“(A) the best available science;

“(B) specifically identified; and

“(C) publicly available online in a manner that is sufficient for independent analysis and substantial reproduction of research results, except that any personally identifiable information, trade secrets, or commercial or financial information obtained from a person and privileged or confidential, shall be redacted prior to public availability.

“(2) The redacted information described in paragraph (1)(C) shall be disclosed to a person only after such person signs a written confidentiality agreement with the Administrator, subject to guidance to be developed by the Administrator.

“(3) Nothing in the subsection shall be construed as—

“(A) requiring the Administrator to disseminate scientific and technical information;

“(B) superseding any nondiscretionary statutory requirement; or

“(C) requiring the Administrator to repeal, reissue, or modify a regulation in effect on the date of enactment of the Honest and Open New EPA Science Treatment Act of 2017.

“(4) In this subsection—

“(A) the term ‘covered action’ means a risk, exposure, or hazard assessment, criteria document, standard, limitation, regulation, regulatory impact analysis, or guidance; and

“(B) the term ‘scientific and technical information’ includes—

“(i) materials, data, and associated protocols necessary to understand, assess, and extend conclusions;

“(ii) computer codes and models involved in the creation and analysis of such information;

“(iii) recorded factual materials; and

“(iv) detailed descriptions of how to access and use such information.

“(5) The Administrator shall carry out this subsection in a manner that does not exceed $1,000,000 per fiscal year, to be derived from amounts otherwise authorized to be appropriated.”.

Passed the House of Representatives March 29, 2017.

    Attest:karen l. haas,   
    Clerk

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