II 

115TH CONGRESS 

1ST SESSION S. 1794

To prohibit the Environmental Protection Agency from proposing, finalizing, 

or disseminating regulations or assessments based upon science that 

is not transparent or reproducible. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 12, 2017

Mr. ROUNDS (for himself, Mr. BARRASSO, and Mr. INHOFE) introduced the 

following bill; which was read twice and referred to the Committee on Environment and Public Works 

A BILL

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

reproducible.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Honest and Open New 

5 EPA Science Treatment Act of 2017’’ or the ‘‘HONEST 

6 Act’’. 

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1 SEC. 2. DATA TRANSPARENCY. 

2 Section 6(b) of the Environmental Research, Devel3 opment, and Demonstration Authorization Act of 1978 

4 (42 U.S.C. 4363 note) is amended to read as follows: 

5 ‘‘(b)(1) The Administrator shall not propose, finalize, 

6 or disseminate a covered action unless all scientific and 

7 technical information relied on to support such covered ac8 tion is—

9 ‘‘(A) the best available science; 

10 ‘‘(B) specifically identified; and 

11 ‘‘(C) publicly available online in a manner that 

12 is sufficient for independent analysis and substantial 

13 reproduction of research results, except that any 

14 personally identifiable information, trade secrets, or 

15 commercial or financial information obtained from a 

16 person and privileged or confidential, shall be re17 dacted prior to public availability. 

18 ‘‘(2) The redacted information described in para19 graph (1)(C) shall be disclosed to a person only after such 

20 person signs a written confidentiality agreement with the 

21 Administrator, subject to guidance to be developed by the 

22 Administrator. 

23 ‘‘(3) In making information publicly available pursu24 ant to paragraph (1)(C), the Administrator—

25 ‘‘(A) may coordinate with another Federal 

26 agency to use an existing website maintained by the 

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•S 1794 IS

1 Federal agency to make the information available; 

2 and 

3 ‘‘(B) shall not be required to duplicate the pub4 lic availability of the information if that information 

5 has been made available by another Federal agency 

6 in accordance with paragraph (1)(C). 

7 ‘‘(4) Nothing in this subsection shall be construed 

8 as—

9 ‘‘(A) requiring the Administrator to disseminate 

10 scientific and technical information; 

11 ‘‘(B) superseding any nondiscretionary statu12 tory requirement; or 

13 ‘‘(C) requiring the Administrator to repeal, re14 issue, or modify a regulation in effect on the date of 

15 enactment of the Honest and Open New EPA 

16 Science Treatment Act of 2017. 

17 ‘‘(5) In this subsection—

18 ‘‘(A) the term ‘covered action’ means a risk, ex19 posure, or hazard assessment, criteria document, 

20 standard, limitation, regulation, regulatory impact 

21 analysis, or guidance; and 

22 ‘‘(B) the term ‘scientific and technical informa23 tion’ includes—

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•S 1794 IS

1 ‘‘(i) materials, data, and associated proto2 cols necessary to understand, assess, and ex3 tend conclusions; 

4 ‘‘(ii) computer codes and models involved 

5 in the creation and analysis of such informa6 tion; 

7 ‘‘(iii) recorded factual materials; and 

8 ‘‘(iv) detailed descriptions of how to access 

9 and use such information. 

10 ‘‘(6) The Administrator shall carry out this sub11 section in a manner that does not exceed $1,000,000 per 

12 fiscal year, to be derived from amounts otherwise author13 ized to be appropriated.’’.

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