II 

Calendar No. 124 

114TH CONGRESS 

1ST SESSION S. 544 

[Report No. 114–69] 

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 

FEBRUARY 24, 2015 

Mr. BARRASSO (for himself, Mr. VITTER, Mr. INHOFE, Mr. CRAPO, Mrs. 

FISCHER, Mr. RISCH, Mr. ENZI, and Mr. FLAKE) introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works 

JUNE 22, 2015 

Reported by Mr. INHOFE, with an amendment 

[Insert the part printed in italic] 

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, 


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•S 544 RS

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Secret Science Reform 

3 Act of 2015’’. 

4 SEC. 2. DATA TRANSPARENCY. 

5 Section 6(b) of the Environmental Research, Devel6 opment, and Demonstration Authorization Act of 1978 

7 (42 U.S.C. 4363 note) is amended to read as follows: 

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

9 or disseminate a covered action unless all scientific and 

10 technical information relied on to support such covered ac11 tion is— 

12 ‘‘(A) the best available science; 

13 ‘‘(B) specifically identified; and 

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

15 is sufficient for independent analysis and substantial 

16 reproduction of research results. 

17 ‘‘(2) Nothing in the subsection shall be construed 

18 as— 

19 ‘‘(A) requiring the Administrator to disseminate 

20 scientific and technical information; or 

21 ‘‘(B) superseding any nondiscretionary statu22 tory requirement. 

23 ‘‘(3) In this subsection— 

24 ‘‘(A) the term ‘covered action’ means a risk, ex25 posure, or hazard assessment, criteria document, 


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•S 544 RS

1 standard, limitation, regulation, regulatory impact 

2 analysis, or guidance; and 

3 ‘‘(B) the term ‘scientific and technical informa4 tion’ includes— 

5 ‘‘(i) materials, data, and associated proto6 cols necessary to understand, assess, and ex7 tend conclusions; 

8 ‘‘(ii) computer codes and models involved 

9 in the creation and analysis of such informa10 tion; 

11 ‘‘(iii) recorded factual materials; and 

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

13 and use such information. 

14 ‘‘(4) The Administrator shall carry out this sub15 section in a manner that does not exceed $1,000,000 per 

16 fiscal year, to be derived from amounts otherwise author17 ized to be appropriated.’’. 

18 SEC. 3. PREVENTING CENSORSHIP OF PUBLICLY FUNDED 

19 SCIENCE. 

20 Nothing in this Act or the amendments made by this 

21 Act limits the ability of the Administrator of the Environ22 mental Protection Agency, any Federal official or employee, 

23 or any Federal agency to use in official documents or pres24 entations terms common in peer-reviewed scientific litVerDate Sep 11 2014 21:55 Jun 22, 2015 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6203 E:\BILLS\S544.RS S544

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•S 544 RS

1 erature describing scientific processes, including terms rel2 evant to— 

3 (1) the impacts of climate change; 

4 (2) air and water pollution; 

5 (3) exposure to toxic substances; and 

6 (4) other risks to human health, the environment, 

7 and the economy. 


tkelley on DSK3SPTVN1PROD with BILLS

tkelley on DSK3SPTVN1PROD with BILLS
Calendar No. 124 

114TH CONGRESS 

1ST SESSION S. 544 

[Report No. 114–69] 

A BILL 

To prohibit the Environmental Protection Agency 

not transparent or reproducible. lations or assessments based upon science that is from proposing, finalizing, or disseminating reguJUNE 22, 2015 

Reported with an amendment 


tkelley on DSK3SPTVN1PROD with BILLS